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Welcome to the Right of Way Plan Development Pre-Qualification Training

Welcome to the Right of Way Plan Development Pre-Qualification Training. Brett A. Shearer, Right of Way Specialist ODOT Central Office Worked for ODOT for over 20 years 1987 Attended University of Akron in Drafting and Survey Tech. 1989 Draftsmen in District 3, Production and Survey

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Welcome to the Right of Way Plan Development Pre-Qualification Training

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  1. Welcome to theRight of Way Plan DevelopmentPre-Qualification Training

  2. Brett A. Shearer, Right of Way Specialist ODOT Central Office Worked for ODOT for over 20 years 1987 Attended University of Akron in Drafting and Survey Tech. 1989 Draftsmen in District 3, Production and Survey 1994 Survey Technician in Aerial Engineering 1995 R/W Plan Specialist in the Office of Real Estate 2000 R/W Plan Specialist in the Office of Production

  3. Right of Way Plan DevelopmentPre-Qualification Instructors: • Dave Dicke, ODOT District 2 REA • Doug Raters, P.E. ODOT District 8 REA • Mike Ware, P.S. ODOT Office of Production • Jim Kenyon, P.S. ODOT District 3 SOM • John Messmore, P.S. ODOT District 4

  4. Welcome & Introduction • Sign In Sheet • You MUST sign in each morning in order to receive your certificate • Location of Restrooms • Location of Cafeteria and Restaurants • Smoking areas • Some slides will be difficult to read • Please hold Questions to the end of speaker’s presentation

  5. Right of Way Plan Development Training Manual • Course Agenda • Table of Contents • Biography for each speaker • Power Point Slide show • Appendices • CPD Credits • R/W Plan Manual Sections 3100, 3200 & 3300 • www.dot.state.oh.us/Divisions/ProdMgt/Production/row/Pages/row.aspx • Quizzes • Will be given after the morning and afternoon sessions • Quizzes must be turned in, to receive your certificate

  6. Objectives of this Course • Explain the R/W Pre-Qualification Process • Why R/W Plans are necessary • Who are the users of the R/W Plans • Project Development Process (PDP) for R/W Plans • Scope of Services Document & R/W Attachment • Records Research for ODOT R/W Plans • Field Surveying for R/W Plans • Boundary Resolution Related to R/W Plans • Establishing the Existing Road R/W

  7. Objectives of this Course • R/W Base Map Preparation • Establish & Design the Proposed R/W Limits • Innovative design ideas to save R/W costs • Standard R/W Plan Format • Standard R/W Plan Sheets • R/W Plan Review Process • What happens to the R/W Plans • Quality Control

  8. R/W Pre-Qualification Process • Consulting Firms requesting or desiring to maintain prequalification in R/W Plan Development must have on permanent staff: • Right of Way Plan Designer • Must be under the direct supervision of a P.S. registered in Ohio • Right of Way Plan Reviewer • MUST be a P.S. registered in Ohio • Responsible for signing and sealing all appropriate R/W documents

  9. R/W Pre-Qualification Process • Right of Way Plan Designer and Right of Way Plan Reviewer CANNOT be the same individual on any project. • The Right of Way Plan Designer can be a P.S. however, the Right of Way Plan Reviewer must also be a P.S. and must be someone other than the Right of Way Designer

  10. R/W Pre-Qualification Process • R/W Plan Designer Requirements and Responsibility: • Experience in R/W Plan Development on projects comprising a total of ten (10) or more parcels • Active involvement in R/W Plan Development within the past five (5) years • Successful completion of this course • Courthouse Research Experience (Road R/W and Deeds) • Experience and knowledge of the ODOT Right of Way Plan Manual • Experience and knowledge of the ODOT CADD Engineering Standards Manual

  11. R/W Pre-Qualification Process • R/W Plan Reviewer Requirements and Responsibility : • Professional Surveyor registered in the State of Ohio • Two (2) years experience in developing public R/W plans comprising a total of twenty (20) or more parcels • Active involvement in R/W Plan Development within the past five (5) years • Successful completion of this course

  12. R/W Pre-Qualification Process • R/W Plan Reviewer Requirements and Responsibility: • Establishing and Setting Boundary Monumentation • Investigating and Establishing Property Lines • Check and Verify Accuracy of Computations, Plans and Legal Descriptions, Insuring Items are Correct, Current, Complete and Conform to County Requirements & Manuals • Evaluate Overall R/W Plan and Legal Descriptions for Quality and Consistency with Construction Plans

  13. Firms requesting Prequalification • Submittal Requirements • Submit Resumes of R/W Plan Designer and Reviewer • Summarizing their experience • Listing all the R/W projects they have worked on and • Highlighting their direct responsibilities • Submit approved/completed right of way plans prepared by the Designer and checked by the Reviewer current within past 5 years (Initial Submittal Only) • Submit county approved (or recorded) legal descriptions prepared, signed and sealed by the Reviewer current within past 5 years (Initial Submittal Only)

  14. Things to keep in mind when applying • R/W Plan Development includes the performance of: • Deed/property rights research (Courthouse, Engineer’s Office) • The practice of Boundary Surveys • The practice of Topographic Surveys • Computation of both Existing and Proposed Road R/W • Preparation of R/W Plans based on ODOT or similar standards • Preparation of Legal Descriptions following both • ODOT standards • County recording and conveyance requirements • Closure reports for each description

  15. Submit application/resume/approved plans to: Dan Krajcovic ODOT Office of Consultant Services 1980 West Broad Street, 1st Floor Columbus, Ohio 43323

  16. Getting prequalified if you DO NOT have ODOT R/W Plan experience? • Submit any road right of way plans prepared in the past five (5) years. (highlight this work) • OR • Submit any subdivision plats prepared in the past five (5) years that include road right of way work/dedicated road right of way (highlight this work) • OR • Submit any LPA roadway work in the past five (5) years that involved the establishment of road right of way and property lines (highlight this work) • These plans will be taken into consideration

  17. Question and Answer Session

  18. David T. Dicke Real Estate AdministratorODOT D-2 Bowling GreenBio: BS The Ohio State University Real Estate and Urban Development 1975. 30 years with ODOTR/W appraisal/review, acquisition agent, project manager, project and plan compliance reviewer.Licensed General appraiser, realtor, and consultant.

  19. My presentation will: • Outline a brief history of Eminent Domain • Discuss the current E.D. issues • Relate those cases to ODOT and you • Identify why your role is so important • Identify those who depend on your work

  20. History-Real Estate and Eminent Domain • Webster: The right of a government to take or control property for public use • First Recorded Case - 871 B.C. Naboth’s vineyard • Early Colonies – trading with the Indians • American Revolution- army needing food and shelter • State, County, highway programs up to the 1950’s • Eisenhower’s Federal Highway program 1953

  21. History of Federal Condemnation Law • History of Federal Condemnation Law leading to the current Uniform Act. • US Constitution Ratified: 1788 • First 10 Amendments Passed: 1789 5th Amendment U.S. Constitution “No person shall be held to answer for a capital, or otherwise infamous crime, …nor be deprived of life, liberty, or property, Without due process of law; nor shall private property be taken for public use without just compensation.”

  22. Federal Laws & Regulations • Uniform Relocation Assistance & Real Property Acquisition Policies Act introduced in 1970 as a result of Hearings by Congressman Blatnick • Brings uniformity to a series of fragmented laws on acquisition • Stop abuse perpetuated by unscrupulous people and practices begun in development of interstate system

  23. Uniform Act passed by US Congress 1/2/71. The law is called the Uniform Relocation and Real Property Acquisition Policies Act. Code of Federal Regulations 49 CFR 24. subpart B for Real Property Acquisition and Part C for General Relocation Requirements. The codes amplify the Uniform Act and give more direction to an agency for carrying out the law. State Governments must establish lead agencies. ORC 163.01 – 163.62 Ohio Administrative Code create State law and policy. And the Governor named ODOT to be the lead agency. Section 19, Article I, Ohio Constitution “…When taken … for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money…”

  24. Federal policy transfers monitoring and compliance responsibility to the State and thus to ODOT as Lead Agency. ODOT has created a manual of the procedures to design for and to acquire right of way as the lead agency. This manual has been reviewed and approved by ODOT legal counsel and the Federal Highway administration. The manual is now the lead agency's official approved procedure. This manual is an ever changing document that must, by Federal policy and State law, be updated regularly. This manual shall be followed by any agency, acquiring for highway purposes, having the power of eminent domain. Regardless of the funding source of the project. ODOT is convinced, based on the current laws and codes, that as lead agency, ODOT P&P must be followed. Unless the acquiring agency has created their own procedure that has been approved by ODOT, and FHWA where federal funds are involved in any phase of the project.

  25. TodayLand acquisition by eminent domain is most often thought of in terms relating to highway projects.However recent public forum trials have focused on its use for new development of private or semi private commercial enterprise.Kelo v. New London US Supreme Court rulingCity of Norwood v. Horney Ohio Supreme Courtseemingly opposing rulings on similar facts

  26. Kelo v. City of New London

  27. Kelo v. City of New London • Application to facts • “City of New London is endeavoring to coordinate a variety of commercial, residential, and recreational uses of land, with the hope that they will form a whole greater than the sum of its parts.” • Holding • “Given the comprehensive character of the plan, the thorough deliberation that preceded its adoption, and the limited scope of our review…to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan. Because, that plan unquestionably serves a public purpose, the takings challenged here satisfy the public use requirement of the Fifth Amendment.”

  28. Kelo v. City of New London “We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.”

  29. Kennedy, concurring – “A court confronted with a plausible accusation of impermissible favoritism to private parties should treat the objection as a serious one and review the record to see if it has merit.”

  30. “…the government's pursuit of a public purpose will often benefit individual private parties…We cannot say that public ownership is the sole method of promoting the public purposes of community redevelopment projects.” See, Midkiff, Monsanto, Berman

  31. In OHIOCity of Norwood v. Horney • In 2002 the developer sought to redevelop 12 acre area of residential homes into retail stores and office space (i.e., “Rookwood Exchange”) adjacent to existing shopping, retail, and business center (i.e., Rookwood Commons, Rookwood Pavilion and Rookwood Tower); developer was successful in acquiring all but five properties • Aug. 2003, City passed ordinance to appropriate remaining homes as area was “deteriorating” as term was defined within City Code

  32. City of Norwood v. Horney

  33. City of Norwood v. Horney • “Although economic factors may be considered in determining whether private property may be appropriated, the fact that the appropriation would provide an economic benefit to the government and community, standing alone, does not satisfy the public-use requirement of Section 19, Article I of the Ohio Constitution.” Norwood v. Horney, 110 Ohio St.3d 353 But recall Kelo: “…the government's pursuit of a public purpose will often benefit individual private parties…We cannot say that public ownership is the sole method of promoting the public purposes of community redevelopment projects.”

  34. The outcome in Norwood • Objecting home owners had moved out. The Gambles were the last to move on 2-2-05. • As a result of the Ohio Supreme Court ruling, their keys were returned 7-2006 • 8-2008 Owners have sold all parcels to the developer for his plan at very high prices. • Spring 2009 construction to begin

  35. The Power Of Eminent Domain Is Immense • Agencies are often perceived as abusing their power when using it. • There is a blatant public dislike of eminent domain evidenced by these recent high profile trials. • Governmental Agencies Must: • Deal honestly and openly and follow procedures with equality.

  36. Kelo v. City of New London “We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.” Justice Kennedy. This statement has been the catalyst for states to examine their current policy and laws regarding the use of eminent domain on all levels. Ohio Legislature created a Task Force to study the issues. From that SB7 was enacted 10-10-2007 changing ORC section 163.

  37. What does all this have to do with me and this class? • A policy and procedure is in place for ODOT projects from inception to project completion. That policy continues to change and be updated as a result of various reasons. • This P&P includes the preparation of r/w plans. • When r/w is needed your plan becomes the foundation to which the acquisition process is built. Eminent domain may be used to conclude the process. • The accuracy and considered concept of the plan is essential or the acquisition process may fail. • As eminent domain remains a focal public issue the need for the accuracy of the plan and concept is amplified.

  38. Users of R/W Plans • Title Agents • Appraisers and Reviewers • Acquisition Agents • Relocation Agents • Property Owners • Attorneys • Surveyors

  39. Users of R/W Plans • Real Estate Agents • Future Right of Way Plan Designers • County Auditors • County Engineers • City Engineers/Service Directors • Assistant Attorney General Attorneys

  40. R/W parcel Costs Are Increasing! • FY 2000 1843 Parcels; $65M = $ 35,270 / Each • FY 2005 637 Parcels; $61.6M = $120,465 / Each • FY 2006 1661 Parcels; $71.8M = $ 43,240 / Each D-2 HEN/LUC 24estimate: 275 parcels: $33.5 M = $121,800 / Each FY 2007 1497 Parcels; $69.6M = $46,800/ Each FY 2008 1428 Parcels; $71.0M = $59,700/ Each This doesn’t include labor, overhead, legal, env. test removal, razing which could add from 7K to 12K Per parcel or another $10.0M to $17.0M per year.

  41. Other Data • Appropriations • Prior to 1998 - 12% Appropriated, 2% to trial • To date up to 16% Appropriated, +/-3% to trial • Out Source acquired up to 20% Appropriated • Many LPA projects are managed by less experienced staff which can lead to higher costs more appropriation cases and increased public mistrust.

  42. Why Are Costs So High? • Projects in urban settings as we redesign old roads • Publicity of Kelo, Norwood and other E.D. cases • Sophisticated sellers / owners / lawyers • Sophisticated appraisals, noting negative effects • Property owners appraisers don’t always use the same rules in preparing reports. And are not subject to review prior to becoming evidence. • Zoning issues - Locals not as cooperative • Access management designed into plans • Mistrust of Government & Its Agents • Outsourced Projects - Profit Motive

  43. How To Reduce Costs • Early Involvement of R/W Professionals • During conceptual design seek r/w input • Follow P&P Manual, get guidance on questions ASAP • Plan for avoidance-Consider in early budgets • Involve locals early Re: Restrictions • Set Realistic Time Lines • Start Acquisition ASAP - IT TAKES TIME!

  44. WHY? • Costs are staggering which is impacting ODOT’s budget and ability to deliver projects • If we don’t, as leaders in the industry, Legislation and court rulings will change our process, increase costs, which reduces funds available to build improvements for the taxpayers we serve. • $ for $ - Money saved on reducing the need for R/W acquisitions can be spent on more projects!

  45. How Do You Feel About Eminent Domain? “E.D and Me” • Who’s bought real estate in the last 10 years • Who sold to State or other Government under the threat of eminent domain? • ODOT-Buys like everyone else Except that as the seller you have no choice but to sell. Audience participation: Can you Relate?

  46. Who’s Bought that Favorite Car Maybe a Little Red Corvette!

  47. You cut the best deal, you drive it proudly. You park it and come back to find the window smashed, the stereo stolen or even worse someone has “Keyed” the flawless paint.Has this happened to you?

  48. What Happens When It Gets Keyed?

  49. What Happens When It Gets Keyed? • Sets off emotions • Angry • Frustrated • Not happy with settlement • Eminent Domain sets off similar emotions

  50. Your plan is the beginning of a complex process Lets get it right for those who follow…. Your plan may someday be a Supreme Court case.

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