Preparing a Right of Way Clearance Certification Request

1
Preparing a Right of Way Clearance Certification
Request Missouri Local Programs How to complete
right of way clearance certification-No new
property rights required 5 Year Rule
2
First Steps

• The RW Clearance Certification must be submitted
  to the District Transportation Planning
  Specialist on the Local Public Agencys
  letterhead
• Either retype the contents directly onto LPA
  letterhead or use EPG form 236.18.10.1 (create
  link) fill in contents and copy and past onto LPA
  letterhead.
• Date Fill in the date of the correspondence.
• To Fill in Name of the District RW Manager.
• From Fill in the Name, Title and Name of the
  Local Public Agency submitting the RW Clearance
  Certification Request.
• Subject Fill in the Following -Type and Date of
  Environmental clearance -Indicate whether it
  is an Entire Clearance or Partial Clearance
  or Conditional Clearance -Fill in the
  City/County or Sponsor Name -Fill in the
  Road or Project Name -Fill in the Federal
  Project Number -Fill in the Termini of the
  Entire Right of Way Project -Fill in the
  Termini of the Portion of the Project Being
  Cleared -Fill in the Termini of the
  Entire Construction Project

3
Certification Statement

• Certification Statement
• If the realty rights were acquired more than 5
  years prior to the first request for federal
  funds, the local agency shall submit a statement
  certifying that no new realty rights are needed
  and the dates the existing realty rights were
  acquired. If the realty rights were acquired less
  than 5 years prior to the first request for
  federal funds use the guidance for right of way
  clearance certification-new property rights
  required.
• If the project sponsor does not need to acquire
  property rights, and / or holds fee title or
  adequate easements on property necessary for the
  project the sponsor will be in one of two
  categories depending on the date when that latest
  parcel on the project was acquired
• 1. The last parcel acquired was more than five
  (5) years prior to the first obligation of
  federal funds for the current project, or
• 2. One or all of the parcels were acquired within
  the last five (5) years prior to federal funds
  obligation. USE THE QUIDANCE FOR RIGHT OF WAY
  CLEARANCE CERTIFICATION-NEW PROPERTY RIGHTS
  REQUIRED.

4
Right of Way Clearance Statement-no new right of
way required

• In the case of number 1,
• The sponsor must certify by signed letter to the
  Transportation Planning Specialist stating the
  following (example)
• The City/County of ________ hereby certifies
  there is no new right of way necessary for the
  federally funded project known as _____ (give the
  Project Number here)_____. Furthermore, the last
  recorded acquisition of right of way or permanent
  easements within the limits of this project
  occurred more than 5 years prior to the initial
  obligation of federal funds. Our records indicate
  the City/County of _______ acquired the most
  recent land, right of way, or easements on which,
  this project is to be constructed, on
  _____(month) _____(day)_____(year). as close to
  the date of record you have

5
Right of Way Clearance Certification-new property
rights required

• In the case of number 2,
• The sponsor must submit all the parcel files for
  acquisition within the last 5 year period and
  normal right of way clearance certification
  (RIGHT OF WAY CLEARANCE CERTIFICATION-NEW
  PROPERTY RIGHTS REQUIRED). The district RW
  Representative will review the acquisition of the
  RW and Easements for compliance with the Uniform
  Act and once this is accomplished, notify the
  District Design Liaison or district planning
  specialist that RW is clear. The district right
  of way staff shall follow the standard procedure
  for submittal to RW Central Office for final
  review and approval.