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Right of Way Acquisition Process. Presented by: Jesse W. Smith Right of Way Manager. Right of Way Project Flow. 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. Titles.

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Right of Way Acquisition Process

  • Presented by:

  • Jesse W. Smith

  • Right of Way Manager



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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


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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


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Appraisal

  • Coordinates all ITD appraisal activities

  • Performs administrative reviews of all appraisals for contract compliance

  • Establishes and maintains a list of qualified fee appraisers


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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


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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


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Condemnation

  • Processes condemnation requests from Districts

  • Coordinates and assists legal with condemnations


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Relocation

  • Provides advisory and financial assistance to displaced persons and businesses

  • Provides relocation advisory services to LPAs


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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


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Titles

  • Processes land and miscellaneous payments

  • Records title passing documents


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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


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LEGAL

  • EMINENT DOMAIN PROCESS

  • Presented by

  • Scot R. Campbell

  • Deputy Attorney General


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CONDEMNATION PACKAGE RECEIVED FROM RW

  • Review package

  • Right-of-Way Agent's Diary

  • Title Report - Ownership

  • Appraisal

  • Property description and Condemnation Exhibits (property map)


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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


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POSSESSION

  • Required to obtain Right-of-Way Certificate – to go to construction

  • Pay $$$ into court or to property owner


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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


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LITIGATION

  • MEDIATION/SETTLEMENT

  • Motions

  • Trial Prep

  • Trial

  • Post trial


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Administrative Settlements and Incentive Payments

  • Administrative Settlement Process

  • Incentive Payment Proposal

  • Presented by:

  • Tim Long

  • District 2 Right of Way Supervisor


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ITD Policy

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


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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


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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


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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


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Incentive Payments

  • Payments that are over and above the just compensation offer

  • FHWA allows the use of Incentive Payments in conjunction with administrative settlements


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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


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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


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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


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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


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Appraisal & Appraisal Review

  • Overview of Appraisal and Appraisal Review

  • Presented by:

  • Rick Bachmeier

  • Appraisal Review Coordinator


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Other Legal Issues

  • Project Influence

  • Timing for Settlement Offers

  • Risks of Eminent Domain

  • Inverse Condemnation

  • Presented by:

  • Scot R. Campbell

  • Deputy Attorney General