Richard Dunlap, Assistant State Right of Way Manager

1. The State of the State Oregon Right of Way Richard Dunlap,Assistant State Right of Way Manager

2. What’s Happening  ODOT Right of Way Section

3. ODOT

4. Preparing for 2007 Legislative Session • Restrict use of eminent domain • Outdoor Advertising Sign Program November 2006 General Election • Gubernatorial Election • Ballot Measure 48: State Spending Cap • Ballot Measure 39: Eminent Domain

5. Measure 48 • Limits increase in state spending • Limits increase to percentage increase in population • Federal funds excepted • Questions about impacts to ODOT’s matching funds • May limit pass through money to local governments

6. Measure 39 • Restricts use of eminent domain for private use • Transportation projects exempt • Immediate possession • Pay attorney fees if verdict over initial offer

7. Major Funding Legislation – Past 5 Years • Oregon Transportation Investment Act (OTIA) • OTIA 1 & 2 (2001): $672 million • OTIA 3 (2003): $2.46 billion • Connect Oregon (2005): $100 million • Connect Oregon 2 (2007): $100 million

8. Progress Report • OTIA 1 & 2: Complete or under construction • OTIA 3: 2004-2010 construction schedule 40% of state bridges to contract • Connect Oregon: 43 projects selected • 2006: ODOT’s active construction projects exceed $1 Billion

9. New Funding Initiatives • Office of Innovative Partnerships Program • Road User Fee Pilot Program

10. Oregon Innovative Partnerships Program (OIPP) • Oregon Transportation Investment Group (OTIG) • Macquarie Infrastructure Group • Hatch Mott MacDonald • Expanded authority to use eminent domain to allow private sector ownership

11. Potential OIPP Projects • 11 mile Newberg-Dundee Bypass,$425 million • 13 mile Sunrise Highway, $1.2 billion • South I-205 Corridor, $780 million • Toll Revenue

12. Office of Innovative Partnerships Program Oregon’s Road User Fee Pilot ProgramOffice of Innovative Partnerships andAlternative Funding

13. Office of Innovative Partnerships Program Road User Fee Task Force Legislative Mandate: “To develop a design for revenue collection for Oregon’s roads and highways that will replace the current system for revenue collection.”

14. Office of Innovative Partnerships Program Oregon’s Mileage Fee Concept

15. Office of Innovative Partnerships Program A per-mile charge based on miles driven within Oregon by zone. Zone 1 = In State Zone 2 = Out of State Optional Zone 3 = Rush Hour The Concept

16. Office of Innovative Partnerships Program How it Works Gas tax deducted from gas purchase price (24 cents/gallon) and mileage fee added. Mileage totals counted for in-state and out-of-state. No location information is recorded. Mileage read wirelessly at fueling stations. One way signal received by car to switch mileage counter between in-state and out-of-state zones.

17. Right of Way Section • Outdoor Advertising Sign Program • Measure 37 (2005) • Realignment – 2 years later • Performance Measures • Initiatives

18. The Oregon Sign Program after OMD v. ODOTState Supreme Court Decision March 23, 2006 • Permit requirement for off-premise signs violates state’s Constitutional guarantee of free expression • On-/Off-Premise distinction is content-based • Underlying regulations still in force • Petition for Reconsideration deniedJudgment entered July 17

19. Day-to-Day Operations • Continuing “effective control” of signs • Answering questions from internal and external customers • Voluntary reviews instead of required permits

20. Sign Program Plan • Legal Opinion from Department of Justice • Fact Sheet for customers • Legislation – compensation model

21. Measure 37 • 2004 ballot measure, 61% of vote • Provides property owners “just compensation” for land use regulations enacted after their ownership • Agency can “waive” regulation in lieu of payment • State Right of Way Manger is lead for ODOT

22. Measure 37 • 2289 claims to State of Oregon • $5.2 billion in total compensation claimed • All agencies either denying claim or waiving regulation • ODOT is lead agency on 4 claims, associated agency on 9 • Access Management and Sign Program

23. Highway Division Realignment • Two years later • De-centralized structure • 37 FTE in Right of Way Section (HQ) • 41 FTE in 5 Region offices

24. ODOT’s Five Regions Craig Andersen Jean Celia Joe Gray David Brown Gary Taylor

25. Region Structure • Region 1: Craig AndersenR/W Acquisition • Region 2: Jean CeliaR/W Acquisition, Utilities • Region 3: Gary TaylorR/W Acquisition, Descriptions, Survey • Region 4: David BrownR/W Acquisition, Descriptions, Survey • Region 5: Joe GrayR/W Acquisition, Descriptions, Survey

26. Headquarter Structure

27. 2005 Performance Measures • 573 files acquired • Settlement Rate: 65% settled at Just Compensation • Settlement Variance Ratio: 17% over Just Compensation • Condemnation Rate: 13%; 2004 rate was 9% • Customer Satisfaction: 86% • PM Revenues: $6.9 Million

28. Right of Way Initiatives • Statewide Training Conference • Consultant Appraisal Review • Right of Way Data Management Project

29. Right of Way Data Management Systems • Backfile – Scan, Index, & Data capture:128,000 right of way files35,000 general files17,000 right of way maps12,000 contract plan sets • “Going Forward” – Automate right of way processes

30. RWDMS File Scanning Progress 120,000 120,000 120,000 100,000 100,000 100,000 80,000 80,000 80,000 60,000 60,000 60,000 40,000 40,000 40,000 20,000 20,000 20,000 R/W Files as of September 6, 2006 Overall Progress: 79.63% 127,899 121,000 42,423 Indexed 95,800 Scanned 127,899 Make Ready 127,899 44.28% 94.60% 100%