Christine Rees, ROW Program Manager, Colorado Department of Transportation March 23, 2010

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1 Christine Rees, ROW Program Manager, Colorado Department of Transportation March 23, 2010

2

3 Construction and Maintenance Work in the Right of Way Requires a Legal Right to Use the Right of Way

4

5 If there is Federal participation in any phase of the project

6

7 Why Follow CDOT s Rules?

8

9 Right of Way Activities Are Not Simple. Environmental, Survey, Appraisal, Acquisition and Relocation are Highly Regulated.

10 CDOT s Right of Way Program is Decentralized

11 Six CDOT Engineering Regions

12 General ROW Process Part 1 Need for additional capacity, improved safety etc. Environmental Analysis, then Survey of Existing Condition to prepare Preliminary Design Ownership Map, Title Work Environmental process (NEPA) complete, Final Design ROW Plan Preparation and Approval Prepare Value Findings or Appraisals and Appraisal Reviews

13 General ROW Process Part 2 Acquisition and Relocation Plan Preparation and Approval Acquisition Negotiation and Relocation Condemnation (if necessary) Right of Way Clearance Advertise for Bids ROW monumentation and recordation of ROW Plans after construction.

14 NEPA, Preliminary Design, Survey, Title Work

15 NEPA Clearance Required

16 Final Design, ROW Plan Approval, Acquisition Relocation Plan Shows affected parcels/ownerships. Provides the math for the legal descriptions. Defines the new ROW line for appraisers and agents. ROWPR meeting: Right of Way Plan draft review is an opportunity for all specialties to review plans.

17 Access Control Lines State Highway 285, 1949

18 Access Management In Colorado

19 Local Authorities Must Conform to the Access Code and the Access Categories

20 Local Jurisdictions as Issuing Authorities Local jurisdictions with state highways can choose to administer the Access Code. If local jurisdictions choose not to administers the Access Code, CDOT administers it. Home Rule does NOT exempt local jurisdictions from the Access Code. Durango, 1950

21 Value Findings and Appraisal Processes Value findings for acquisitions with an estimated value of up to $10,000 permitted, and as high as $25,000 in limited circumstances. Must use an appraiser on CDOT s approved list. All appraisals must be reviewed and approved by a second qualified, disinterested review appraiser employed by CDOT. Review appraiser issues the FMV, which serves as the basis for the offer.

22 Additional CDOT Appraisal Practices o Certified General Appraiser license is required for appraisals done or commissioned by CDOT. o Local Public Agencies must use a certified general appraiser from CDOT s approved appraiser list for Federal Aid projects. o Property owners are permitted to hire any appraiser: CDOT reserves the right not to pay for appraisals that don t meet specific minimum criteria.

23 CDOT Review Appraisal Practices o Review appraisers must be CDOT appraisers or qualified third party reviewers selected or hired by CDOT. o Review appraisers must have a Certified General Appraiser license and a Region ROW Manager willing to write an FMV on the reviewer s recommendation.

24 Acquisition Negotiation and Relocation

25 Relocation: Homes and Businesses

26 Administrative Settlement: Negotiated agreement in excess of FMV. Honest effort to negotiate is required. Documentation of negotiation in Parcel Negotiation Record. For Federal Participation, CDOT must approve administrative settlements. If the LPA goes over the approved amount, the overage is not eligible for Federal Participation. Administrative settlement can save costly litigation, but require a credible justification that requires up to three layers of approval.

27 Condemnation

28 ROW Clearance Requirements 1949

29 Reimbursement: CDOT recommends it after project completion. ROW clearance documentation required, and cover letter, Contract data summary, invoices and proof of payment. ROW clearance states that Federal laws/regulations, state laws and CDOT procedures have been followed throughout the ROW process. Method of reimbursement in the IGA must be followed: Acquisition Relocation Incidentals Consultant and appraisal fees Closing costs LPA staff time

30 What Could Possibly Go Awry?

31

32 What CDOT is Doing to Make the Acquisition and Relocation Road Easier to Travel Value Findings Level Increase ($5k to $10k, possibly up to $25k). Conditional Clearances for LPAs by CDOT. Use of Fee Appraisal Reviewers. LPAs may use their own written procurement processes to hire fee agents and appraisers. CDOT ROW Manager oversight and training in lieu of hiring a consultant for smaller jobs.

33 Useful Terms and Acronyms ROW Terms Federal Participation Eminent Domain Appraisal A Line Access Permit Uniform Act Moving Reestablishment Acquisition Relocation Reasonable and Necessary Uneconomic Remnant Parcel Negotiation Record IP Hearing Acronyms FHWA CDOT LPA ROW TE, PE FMV IGA NEPA, CAT X, EA, EIS FONSI, ROD

34

35 Christine Rees, CDOT ROW Program Manager Loveland Pass, 1949

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