Right of Way Acquisition Process

1. Right of Way Acquisition Process • Presented by: • Jesse W. Smith • Right of Way Manager

2. Right of Way Project Flow

3. District Actions Prior to HQ RW • Concept and preliminary design • Initial property owner contact • Final design and plans review • Submit RW plans to HQs for final approval

4. Titles • Reviews and approves RW plans and processes revisions • Acquires RW from state and federalagencies • Prepares legal documents • Processes relinquishments • Provides title research • Identifies and records ITD Board approved highway relinquishments

5. Appraisal • Coordinates all ITD appraisal activities • Performs administrative reviews of all appraisals for contract compliance • Establishes and maintains a list of qualified fee appraisers

6. Appraisal Review • Performs all ITD appraisal reviewactivities • Reviews appraisals for technical execution and compliance • Recommends Just Compensation • Coordinates with the Deputy Attorney General for ITD

7. Acquisition • Coordinates acquisition activity with Districts • Negotiates acquisitions • Performs final settlement activity before submitting for condemnation • Establishes and maintains list of qualified fee negotiators • Contracts with fee negotiators

8. Condemnation • Processes condemnation requests from Districts • Coordinates and assists legal with condemnations

9. Relocation • Provides advisory and financial assistance to displaced persons and businesses • Provides relocation advisory services to LPAs

10. Procedure Review • Verifies that payments meet compliance with all laws, rules, and regulations • Prepares Right of Way Certificate • Assists Districts by providing guidance for LPA projects involving federal funds • Monitors and reviews LPA projects

11. Titles • Processes land and miscellaneous payments • Records title passing documents

12. Right of Way Certification • Issuance of a Right of Way Certificate is the final step for the Right of Way section: • Needed land has been acquired • A materials source has been secured • Utilities have been relocated • Displaced home owners and businesses have been relocated • Environmental clearances have been obtained

13. LEGAL • EMINENT DOMAIN PROCESS • Presented by • Scot R. Campbell • Deputy Attorney General

14. CONDEMNATION PACKAGE RECEIVED FROM RW • Review package • Right-of-Way Agent's Diary • Title Report - Ownership • Appraisal • Property description and Condemnation Exhibits (property map)

15. EMINENT DOMAIN DOCUMENTS • Draft Summons, Complaint and Lis Pendens • Serve documents as soon as possible on persons with an interest in the property • Response from property owner's attorney

16. POSSESSION • Required to obtain Right-of-Way Certificate – to go to construction • Pay $$$ into court or to property owner

17. LITIGATION PREPARATION Building our Case • Initial Discovery • Update Appraisal and/or obtain 2nd appraisal • Initial appraisal used by Right-of-Way is generally outdated • Just compensation due as of date of possession or Summons • Assemble Team • Experts • Witnesses • ITD employees • Additional Discovery – Opposing Expert opinions • Depositions • Respond to Discovery

18. LITIGATION • MEDIATION/SETTLEMENT • Motions • Trial Prep • Trial • Post trial

19. Administrative Settlements and Incentive Payments • Administrative Settlement Process • Incentive Payment Proposal • Presented by: • Tim Long • District 2 Right of Way Supervisor

20. ITD Policy Every reasonable effort shall be made to expeditiously acquire real property by negotiations at the just compensation amount

21. Administrative Settlements • Provide for efficient delivery of transportation projects • To avoid possible high eminent domain awards • Ensure less animosity and better relationships with the property owners and business owners

22. Current Administrative Settlement Policy • Under $10,000 The District Right-of-Way Supervisor has the authority to approve the Administrative Settlement • Over $10,000 preapproval must be obtained from the District Engineer and the Right-of-Way Manager • Over $100,000 must have approval of the Transportation Board

23. Proposed Administrative Settlement Policy • Under $25,000 The District Right-of-Way Supervisor has the authority to approve the Administrative Settlement • Over $25,000 preapproval must be obtained from the District Engineer and the Right-of-Way Manager • Over $200,000 must have approval of the Transportation Board

24. Incentive Payments • Payments that are over and above the just compensation offer • FHWA allows the use of Incentive Payments in conjunction with administrative settlements

25. Incentive Payment Advantages • Significant reduction of time required to acquire and clear right-of-way • Compensates the property owner for the inconvenience, and promotes a level of fairness between ITD and the property owner • The incentive payment is a motivational tool to encourage quick response time

26. Incentive Payment Usage • Other states use Incentive Payments on transportation projects • Demonstrate that they can be effective in decreasing the time needed to acquire and clear needed rights-of-way • Connecting Idaho Partners use Incentive Payments to acquire right-of-way for Idaho’s GARVEE projects

27. Incentive Payment Proposal • Ten percent of the offer amount not including administrative settlements • Acceptance must be made within 45 days of the offer • $1,000 Minimum • $100,000 or greater requires ITD Board approval

28. Litigation Savings • Administrative Settlements and Incentive payments reduce litigation costs • Cost expended in acquiring property through litigation is substantial, for the department and property owners • Further burdens an already overloaded court system

29. Appraisal & Appraisal Review • Overview of Appraisal and Appraisal Review • Presented by: • Rick Bachmeier • Appraisal Review Coordinator

30. Other Legal Issues • Project Influence • Timing for Settlement Offers • Risks of Eminent Domain • Inverse Condemnation • Presented by: • Scot R. Campbell • Deputy Attorney General