ODOT Right of Way Section

1
ODOT Right of Way Section

• Where does the R/W Section fit within ODOT?
• What do we do?
• How does ODOT R/W affect LPAs?
• How does an LPA acquire property?
• Why is ODOT involved?
• Are there any written agreements?

2
ODOT Right of Way Section

• Federal Requirements
• Right of Way Manual
• How to avoid or minimize project delays cost
  overruns
• What can cause a missed deadline or project
  milestone

3
Where does R/W fit within ODOT?

• Oregon Transportation Commission
• Oregon Department of Transportation
• Director of Transportation
• Highway Division
• Technical Services
• Right of Way (one of 6 sections in TS)

4
What does R/W do?

• R/W administers ODOTs eminent domain programs
  policies. Has oversight of all R/W activities
  including appraisal, acquisition, relocation and
  property management.
• And
• In cooperation with FHWA, R/W implements Public
  Law 91-646, the Uniform Relocation Assistance
  Real Properties Acquisition Policies Act of 1970,
  as amended. Commonly referred to as the Uniform
  Act.

5
How Does an LPA acquire property?

• There are three ways for an LPA to acquire
  property
• ODOT acquires on behalf of an LPA
• LPA acquires
• Consultant acquires on behalf of an LPA

6
Why is ODOT involved?

• FHWA places overall responsibility for County and
  City Federal Aid Road Projects with ODOT.
• ORS 35.510 requires that when any program or
  project is undertaken by a public entity,
  resulting in acquisition of real property, the
  uniform act will be followed for relocation and
  acquisition.

7
Are there any written agreements?

• ODOT and the LPA enter into a services agreement.
• ODOT requires the LPA to pass a resolution
  stating whether or not they will condemn if
  necessary.

8
Federal requirements.

• Funding responsibilities for federal aid hwy
  programs require that ODOT R/W must approve of an
  LPA doing its own acquisitions or any contracts
  between an LPA and a private consultant for R/W
  services where federal or state hwy funds would
  be involved.

9
Right of Way Manual.

• The R/W Section has published a State Right of
  Way Manual covering all applicable laws
  regulations.
• The Right of Way Manual is available
  electronically or hard copy.
• The ODOT R/W Manual (or approved substitute)
  must be followed if federal aid is used in any
  phase of a project.

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How To avoid or minimize project delays and cost
overruns.

• Address land title problems early.
• Involve the Review Appraiser early in the
  acquisition process.
• Ensure all environmental issues are resolved
  before beginning R/W acquisitions.
• Prepare and follow your access management plan.

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More ideas on project delays and cost overruns.

• Educate yourself at the state and federal level.
  Read and understand the R/W Manual.
• ODOT is your friend (really!) Involve us early
  and often. Were from the government and we
  really are here to help you!

12
What can cause a missed deadline or project
milestone?

• R/W Funding. Obtain the necessary funding and
  get it authorized by ODOT.
• Personnel. Ensure you have adequate personnel
  for the size of your project.
• A poor design, lack of attention to detail or
  project creep can make your life miserable.
  Check everything twice, do it once!

13
What else can cause a missed deadline or project
milestone?

• Ineffective decisions. Make the best possible
  decision and stick to it.
• Leadership. The project leader must be decisive.
• Understand property rights and what you need for
  the project. A temporary easement when you
  really need a fee acquisition will wreak havoc on
  your project.

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Who can I contact for more information?

• Your local ODOT R/W office.
• Portland 503-731-8400/Craig Anderson
• Salem 503-986-2601/Jean Celia
• Roseburg 541-957-3559/Gary Taylor
• Bend 541-388-6196/David Brown
• LaGrande 541-963-7552/Joe Gray

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Are there any online resources?

• FHWA www.fhwa.dot.gov/realestate
• ODOT www.oregon.gov/odot/hwy/row