RIGHT OF WAY BEST PRACTICES FOR LOCAL PUBLIC AGENCIES

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RIGHT OF WAY BEST PRACTICES FOR LOCAL PUBLIC
AGENCIES
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PURPOSE This Seminar is intended to assist LPAs
to secure funding for local road projects and as
a guide for right-of-way acquisitions.
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PROJECT DEVELOPMENT The LPA program is
typically administered by State DOTs and a
Management Consultant who delivers the project
management and oversight activities.
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The LPA must initiate and maintain communications
with the Management Consultant who in turn works
with the State DOT Real Estate Coordinator. This
includes utility and railroad coordination and
encroachments.
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EIR CERTIFICATION
ROW Activities ?
Planning
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Project Delivery
A NEW APPROACH
AD HOC PROJECT BASED
PROJECT DELIVERY SYSTEM BASED
PROJECT
PROJECT
PEOPLE
Skills Tools Process Organization
TEAM
PEOPLE
Skills Tools Process Organization
TEAM
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Project Delivery
Change the Team Makeup
Right of Way Supervisor
Staff Team Member
Operational Chart
Organizational Chart
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Project Delivery
EARLY INVOLVEMENT
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YOU WANT ROW WHEN?!

• Up Front Planning Meetings
• Property Owner Contact
• Public Hearings
• Review the Right of Way Plat

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• PROJECT STAFFING AND ACQUISITION CAPABILITY
  STATEMENT
• Separation of staff functions and minimum
  requirements for R/W personnel
• Appraisers
• Review Appraisers
• Negotiation Agents
• Relocation Specialists

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ACQUISITION CAPABILITY STATEMENT Indicates that
LPA has adequate and qualified staff to acquire
right-of-way Staff must be approved by the State
DOT
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• APPRAISAL PROCESS
• State DOTs typically have a list of approved
  appraisers
• Appraisal Formats
• Property inspection owner contact
• Appraisal Review
• Local Funds
• State or Federal Funds
• Offer price approval

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NEGOTIATION PROCESS Brochure requirement Negotiat
ion Diary Negotiation Procedures Prohibited
Conduct Initiation of Negotiations Offer price
letter
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PROPERTY OWNER APPRAISALS 60-day
deadline Reasonable fee Qualified appraiser
Significant new evidence Revised offering price
letter
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• ACQUIRING PROPERTY INTERESTS
• Conveyance types
• Deeds
• Easements
• Permits
• Must have language

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• CONDEMNATION PROCESS
• Jurisdictional Offer
• Post 60-Days
• Notice of Lis Pendens
• Award of Compensation
• Direct to Owner
• Clerk of Courts

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PROPERTY MANAGEMENT Now what do I do with this
property? Which Agency / Department manages the
acquired properties?
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• CERTIFICATION AND RECORDS
• ROW Certification
• Copies of all conveyances permits
• Utilities
• Encroachments
• Relocations completed
• Records Management
• Compliance

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• REIMBURSEMENT OF STATE/FED AID
• Statement of Expenditures
• Documentation
• Contracts, Invoices and Receipts
• Closing Statements
• Litigation Expenses

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CONCLUSION LPAs should follow at least the
minimum procedures to secure approvals and assure
reimbursement LPAs are responsible to ensure
all state and federal Procedures are followed.