Form letter RE-M to be mailed 30 days prior to beginning negotiations

Transcription

1 Local Let Real Estate Acquisition Checklist to monitor compliance with the Uniform Act and the Ohio Department of Transportation Real Estate Administration Policies and Procedures Manual The process of monitoring all aspects of the acquisition process is to ensure compliance with all Federal and State regulations. The following items will be reviewed for compliance with the Uniform Act and the ODOT Real Estate Policy and Procedures Manual: 1) TITLE REPORTS / UPDATES - The process of determining ownership of property and property rights. (Refer to the Real Estate Administration Policies and Procedures Manual Section 5100). Any fee contractor (consultant) performing title services must be ODOT pre-qualified. Prior to the offer a full title back to warranty deed, with a minimum of 42 year search is required. All title reports (including updates) must include copies of any liens, mortgages, taxes, leases, etc., or other documents pertinent to the ownership of the parcel. Form RE 46 (Title Report) and Form RE 46-1 (Title Chain) Prior to the Closing, update the Title Report to determine that there has been no change in the ownership position prior to funds being dispersed. Appropriation cases Click here to enter text.. 2) INTRODUCTORY LETTER (RE-M) - This letter is sent by the local and/or consultant on the agencies letterhead at the time final plans are received. The letters are sent to all property owners which will have property acquired on the project to notify them that the acquisition process is getting under way. (Refer to the Real Estate Administration Policies and Procedures Manual Section 5200) Form letter RE-M to be mailed 30 days prior to beginning negotiations Enclose the brochure - When ODOT Needs Your Property 3) PROPERTY INVENTORY CLASSIFICATION -The purpose of this form identifies parties with ownership of real estate and personal property to be acquired. Property Inventory Form RE-95 4) APPRAISAL PHASE - The act or process of estimating fair market value. The appraisal must be prepared on ODOT approved forms as listed below. The appraisals must be compliant with the Uniform Act, 49 CFR and , Ohio Revised Code 163, Ohio Administrative Rules 5501: and the ODOT Real Estate Administration Policy and Procedures Manual Section 4100 through Value Analysis process is not an appraisal, but a valuation format used by ODOT to establish the (F.M.V.E.) when an appraisal is unnecessary because the valuation process is uncomplicated and the fair market value is estimated at $10,000 or less, based on a review of available data. Value Finding ($65,000 or less) Narrative Fee appraisers used by the LPA must be State Certified from the Division of Real Estate, Ohio Department of Commerce and pre-qualified by the ODOT. 5) APPRAISAL REVIEW- A review appraiser examines reports of other appraisers to determine if the conclusions presented are consistent with the data reported and are reasonable and compliant with all ODOT policy and procedures. The review appraiser considers compliancy to law, policy and

2 procedures, reasonableness and ascertains if the appraisal under review fairly compensates the property owners. (Refer to the Real Estate Administration Policies Procedures Manual Section 4300). A review appraiser must be certified general real estate appraiser from the Division of Real Estate, Ohio Department of Commerce and pre-qualified by the ODOT. IF REJECTED BY THE REVIEWER: Appraiser responds to corrections requested by reviewer, or Reviewer becomes the appraiser and estimates F.M.V.E. (limitations), or A new appraisal is ordered IF APPROVED BY THE REVIEWER: Reviewer prepares the form RE-22 which documents and allocates compensation 6) THE AGENCY ESTABLISHES THE FAIR MARKET VALUE ESTIMATE (F.M.V.E.)- The reviewer does not establish F.M.V.E., but approves the appraisal and recommends the F.M.V.E. (Refer to Federal-Aid Policy Guide No. 27). The estimate of just compensation cannot be delegated to a private consultant. (Refer to page 17 of the Federal -Aid Policy Guide No. 26). An official of the acquiring agency must establish the F.M.V.E. An official could include: (RPM, REA, County/ City Engineer, Mayor) 7) RELOCATION ASSISTANCE PROGRAM- The provision of Relocation Assistance to eligible persons or businesses who are displaced from or by highway improvement projects. (Refer to the Real Estate Administration Policies and Procedures Manual Section 6000, and 49 CFR, Part 24. The Relocation Counselor performing the negotiation function must be ODOT pre-qualified. Files to be reviewed by Central Office Real Estate Click here to enter text. 8) RELOCATION ASSISTANCE PROGRAM REVIEW-Relocation review is the process of reviewing the work performed by the person who is actively carrying out the relocation assistance function. This review is to assure that all relocation is performed in compliance with 49 CFR, Part 24 and ODOT policy and procedures. (Refer to the Real Estate Administration Policies and Procedures Manual Section The Relocation reviewer performing the compliance reviews are required and must be pre- qualified by the ODOT to perform the relocation function, before a relocation offer is presented. Reviewed by Central Office Real Estate Click here to enter text. Relocation Assistance Additives to include Replacement Housing Additives and Rent Supplement Additives Appeals - Should be sent the District Real Estate Administrator who will forward the file to Central Office Real Estate Office all appeals shall be in writing and include all supporting documentation and a brief summary of the parcel(s) current status. The LPA will need to provide a recommendation on the appeal. 9) THE OFFER - The purpose of negotiations is to facilitate the transfer of title interest to another party in return for value received. (Refer to the Real Estate Administration Policies and Procedures Manual Sections 5200, 5300, 5400). 2

3 The Realty Specialist/Consultant performing the Negotiation function must be pre-qualified by the ODOT if there is Federal funds any phase of the project. Provide brochure to property owner When ODOT Needs Your Property Verify the Title Report Negotiation Report - Form RE 60 (Records the permanent record of all communications both meetings and telephone conversations. The form should be typed and legible, the information must be accurate and complete. The negotiation report must contain the following information: Explain construction plans, r/w plans, appraisal, property inventory Explain the part taken Explain the residue Explain the costs of sale RAP - explain the occupants are entitled to 90 days of possession (the 90 days begin when the offer is made). Present the Notice of Intent and Good Faith Offer Letter (NIAGFO) Procuring a Right-of-Entry - Cannot replace the acquisition process but it can give the agency the right to assume possession of land by entering on it in a peaceable manner before negotiations are complete. The Right-of-Entry must be signed by all affected parties before possession can occur. Administrative reviews approvals 10) ACCEPTED OFFER (Refer to Manual Sections 5100, 5200 and 5400). The function of the Closing is to receive proper documents of conveyance and release of liens and other interest and to disburse the purchase monies to the proper parties of the transaction. The realty specialist must study the title report to determine what recorded real estate interest are involved with the transaction. This would include fee interest, leasehold interest, tenant agreements, easements interest, mortgage interest, etc. Individual releases will be required on any or all of these interests in order for the agency to receive a clear title to the property to be acquired. Appropriate contracts and/or instruments are signed Appropriate documents must be signed which transfer real property these are dependent on the type of interest: Fee simple Easement Temporary Update title report Secure mortgage releases Funds are distributed Record instrument at the Recorder s Office If fee simple take - prepare the RE-57 and submit it to the county auditor s office for determination of pro-rated takes and unpaid assessments. 3

4 11) REJECTED OFFER A counter offer is encouraged The agency considers an Administrative Review (must be based on the fair market value issues and not relocation benefits or other non-values related elements). The Districts have Administrative Review authority up to an additional $20, or 20% over the established F.M.V.E., whichever is greater. Administrative reviews over $20, or 20% of the F.M.V.E. must be approved by Central Office Real Estate. Final offer letter is sent to the property owner. 12) APPROPRIATION PROCESS The District Real Estate Office will need to be part of the appropriation process if the LPA Agreement states that the Ohio Attorney General s office will handle the appropriation. Form RE 61 is sent to the Transportation Section of the Attorney General s office Negotiations and appropriations can happen simultaneously; however, it is the local prosecutor that handles any negotiations 13) PROPERTY MANAGEMENT -As a result of acquisition, excess lands, land locked parcels, structures, and other miscellaneous improvements may become the property of the agency. These properties will need to be managed or disposed of, as needed. (Refer to the Real Estate Administration Policies and Procedures Manual Sections 7000). 14) ENCROACHMENTS - As part of the agencies certification of availability of right-of-way, the project must be examined for existing or proposed encroachments. Encroachments are privately owned improvements or unauthorized uses of publicly owned right-of-way. Examples may be signs, fences, structures that exist within the legal boundaries of the right-of-way. Encroachments must be caused to be removed, or permitted as applicable, prior to certifying the right-of-way clear by the sponsoring agency. Encroachments clear in field Use permit issued 15) PROJECT RECORD OWNERSHIP / STORAGE - (Refer to the Real Estate Administration Policies and Procedures Manual Sections 5800 pertaining to records and files). This section suggests, recommends and mandates certain record processes. Update as acquired section on final plan Storage is required for up to three years following the final payments (Refer to section 5800 for specific requirements for record retention). 16) COMPLIANCE REVIEW- Before the right-of-way is certified by the LPA, the District Real Estate office will monitor the right-of-way acquisition activities on a regular and ongoing basis. The District Real Estate Administrator is ultimately responsible for the acquisition activities of Federal-Aid projects. Therefore, it is advisable that the state and the local acquiring agency work closely together during the entire acquisition process both to expedite the acquisition and to assure that all federal and state requirements are met. Compliance review (date) Click here to enter text. ODOT reviewer Click here to enter text. 4

5 Right- of -way acquisition files compliant Right-of-way acquisition files that need additional documentation: C- R- S: PID # Parcel No. Remarks Right-of-way files compliant as of (date) ODOT reviewer Click here to enter text. Right-of-Way Acquisition Checklist