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NCHRP 20-84Improved Right-of-Way Procedures
and Business Practices
Cesar QuirogaTexas Transportation InstituteTexas A&M University System
Research Objectives• Develop improved right-of-way procedures and
business practices for the project development and delivery process– Compare a reference right-of-way business model in
compliance with the Uniform Act (as codified in 42 USC 4601 et seq.) and an improved model based on an objective analysis of key business process elements
• Develop best practices for property management
2
Research TasksPhase I:1. Review Project Development and Delivery Practices2. Analyze Existing Right-of-Way Development and Delivery3. Prepare Phase I Interim Report
Phase II:4. Analyze Key Project Development and Delivery Activities5. Develop Integrated Right-of-Way and Project Development and
Delivery Model6. Develop Best Practices for Property Management7. Prepare and Conduct Peer Exchange8. Develop Training Materials9. Prepare Preliminary Draft Final Report10. Prepare Draft Final Report
3
Key MilestonesItem Original Mod. 1 Mod. 2
Initial research need statement 2008-2009Request for proposals 11/2009Authorization to begin Phase I 06/2010Plan and conduct survey 11/2010 03/2011Submit Phase I report 12/2010 05/2011Conduct panel meeting 01/2011 11/2011Authorization to begin Phase II 02/2011 04/2012Finalize integrated PDP model 01/2012 03/2013Conduct peer exchange 10/2011 12/2012Submit draft final report 03/2012 05/2013NCHRP review and approval 05/2012 07/2013Submit final report 06/2012 08/2013
Research TeamNCHRP 20-84 Panel Researchers
John Garner (Chair) – Former FDOTJohn Campbell – TxDOTGerald GallingerJohn Michael Jones – MSHALyle McMillan – UDOTJames Thiel – WisDOTKenneth Towcimak – ConsultantMark Weaver – CaltransKathy Facer – FHWA LiaisonKimberly Fisher – TRB LiaisonJames McDaniel – TRB LiaisonDavid Reynaud – NCHRP Staff
Cesar Quiroga (PI) – TTIStuart Anderson – TTIEdgar Kraus – TTIPaul Krugler – TTIJohn Overman – TTILisa Harrison – PinnacleAlex Souder – PinnacleAaron Adkins – PinnacleRobert Cooney – eVisionRobert Neblett – J. WalkerBrad Anderson – J. Walker
5
Phase I Activities• Review practices on state project development
and delivery workflow processes• Analyze a typical right-of-way development and
delivery model in compliance with the Uniform Act (without constraints from regulations)
• Conduct online survey and interviews
Information Gathered• State DOT organization chart: 45 states• Right-of-way division org. chart: 8 states• PDP manual (or equivalent): 37 states• PDP diagram: 35 states• Right-of-way process diagram: 16 states• Right-of-way manual: 42 states• Utility manual: 32 states
Typical PDP – Level 2 DiagramSc
opin
g, S
elec
tion,
Fi
nanc
ing,
and
Sc
hedu
ling
Identify project need and scope
Prepare cost estimate and
identify funding sources
Alte
rnat
ive
Ana
lysi
s an
d Pr
elim
inar
y Pl
ans
Envi
ronm
enta
l Pro
cess
Rig
ht-o
f-Way
Map
, Aut
horiz
atio
n to
Acq
uire
Pro
pert
y,
Prop
erty
Acq
uisi
tion,
and
Rel
ocat
ion
Ass
ista
nce
Util
ity C
onfli
ct A
naly
sis,
Per
mits
, Rel
ocat
ion,
and
R
eim
burs
emen
tD
esig
n an
d PS
&E
Ass
embl
yLe
tting
Acq
uisi
tion
Conduct Conceptual Design
Meeting
Authorize project development
Develop transportation plans
Identify project requirements and conduct studies
Collect data for preliminary design
Obtain permission to enter property
Examples include additional traffic data, existing utilities, aerial photography, topographic surveys, and other surveys
Develop alternative alignments (preliminary schematics)
Select preferred alternative and
develop geometric schematic
Circulate, review, and revise geometric schematic
Obtain approval for final geometric
schematic
Provide input to planning and programming
Identify public and environmental
concerns
Includes Initial Site Assessment
Conduct early interagency coordination
Prepare Draft Environmental Documentation
Conduct public meetings (including one or more required public hearings)
Evaluate natural and cultural
resource impacts
Evaluate socio-economic impacts
Evaluate noise impacts
Evaluate hazardous materials
Includes identification of potential displacees
Conduct air quality analysis
Prepare draft environmental
document
Obtain environmental
clearance
Develop final environmental
document
Meet environmental commitments after
clearance
Including handling contamination according to existing laws and regulations and coordination during right-of-way acquisition
Rel
ocat
ion
Ass
ista
nce
Adv
isor
y
Provide input to planning and programming
Conduct preliminary right-of-way
research
Coordinate with other stakeholders in relation to engineering, potential relocation, and hazmat issues
Obtain authorization to acquire property
Prepare right-of-way map and
property descriptions
Secure federal, state, and local
agreements
Prepare utility certification
Prepare right-of-way certification
Establish just compensation
Con
stru
ctio
n
Examples include feasibility study, major investment study, planning and environment linkages (PEL) study, traffic study, and identification of project features such as toll lanes, HOV lanes, and railroad corridor preservation
Planning and Programming Preliminary Design Detailed Design Letting Construction Post Construction
Notes: Property management activities are arranged for presentation purposes only. They do not indicate specific duration or an ordered sequence.Some activities are not part of the project development and delivery process. They are shown here for completeness because they are normally included in the property management function at state DOTs.
Inventory and manage assets
Dispose surplus right-of-way property interests
Dispose surplus non right-of-way property interestsLease real property assets
Conduct appraisal Prepare written offer
Acquire by negotiation
Acquire by condemnation
Require owner to surrender
possession
Determine relocation
assistance eligibility
Provide relocation assistance advisory(residential)
Provide relocation assistance advisory(non-residential)
Issue relocation payments(residential)
Issue relocation payments(non-residential)
Prop
erty
Man
agem
ent
Provide input to planning and programming
Conduct preliminary utility investigations Survey visible utility appurtenances and assess impact Conduct detailed utility investigations
Conduct design analyses
Develop final horizontal and
vertical alignmentsConduct detailed design Prepare PS&E
package
Let project
Build and deliver project
Conduct environmental re-evaluation
Examples include metropolitan and rural transportation plans, statewide transportation plan, unified transportation program, and transportation improvement plan.
Prepare and execute joint-use and multiple-use
agreements
Dispose improvements
Conduct design meeting Conduct 30%, 60%, and 90% design meetings Conduct final design and initial construction
coordination meetings
Conduct pre-construction
meeting
Monitor utility relocations and reimburse utility owners
Coordinate utility relocation design with utility owners
Prepare and execute utility agreements
Typical PDP – Level 2 DiagramSc
opin
g, S
elec
tion,
Fi
nanc
ing,
and
Sc
hedu
ling
Identify project need and scope
Prepare cost estimate and
identify funding sources
Alte
rnat
ive
Ana
lysi
s an
d Pr
elim
inar
y Pl
ans
Envi
ronm
enta
l Pro
cess
Rig
ht-o
f-Way
Map
, Aut
horiz
atio
n to
Acq
uire
Pro
pert
y,
Prop
erty
Acq
uisi
tion,
and
Rel
ocat
ion
Ass
ista
nce
Util
ity C
onfli
ct A
naly
sis,
Per
mits
, Rel
ocat
ion,
and
R
eim
burs
emen
tD
esig
n an
d PS
&E
Ass
embl
yLe
tting
Acq
uisi
tion
Conduct Conceptual Design
Meeting
Authorize project development
Develop transportation plans
Identify project requirements and conduct studies
Collect data for preliminary design
Obtain permission to enter property
Examples include additional traffic data, existing utilities, aerial photography, topographic surveys, and other surveys
Develop alternative alignments (preliminary schematics)
Select preferred alternative and
develop geometric schematic
Circulate, review, and revise geometric schematic
Obtain approval for final geometric
schematic
Provide input to planning and programming
Identify public and environmental
concerns
Includes Initial Site Assessment
Conduct early interagency coordination
Prepare Draft Environmental Documentation
Conduct public meetings (including one or more required public hearings)
Evaluate natural and cultural
resource impacts
Evaluate socio-economic impacts
Evaluate noise impacts
Evaluate hazardous materials
Includes identification of potential displacees
Conduct air quality analysis
Prepare draft environmental
document
Obtain environmental
clearance
Develop final environmental
document
Meet environmental commitments after
clearance
Including handling contamination according to existing laws and regulations and coordination during right-of-way acquisition
Rel
ocat
ion
Ass
ista
nce
Adv
isor
y
Provide input to planning and programming
Conduct preliminary right-of-way
research
Coordinate with other stakeholders in relation to engineering, potential relocation, and hazmat issues
Obtain authorization to acquire property
Prepare right-of-way map and
property descriptions
Secure federal, state, and local
agreements
Prepare utility certification
Prepare right-of-way certification
Establish just compensation
Con
stru
ctio
n
Examples include feasibility study, major investment study, planning and environment linkages (PEL) study, traffic study, and identification of project features such as toll lanes, HOV lanes, and railroad corridor preservation
Planning and Programming Preliminary Design Detailed Design Letting Construction Post Construction
Notes: Property management activities are arranged for presentation purposes only. They do not indicate specific duration or an ordered sequence.Some activities are not part of the project development and delivery process. They are shown here for completeness because they are normally included in the property management function at state DOTs.
Inventory and manage assets
Dispose surplus right-of-way property interests
Dispose surplus non right-of-way property interestsLease real property assets
Conduct appraisal Prepare written offer
Acquire by negotiation
Acquire by condemnation
Require owner to surrender
possession
Determine relocation
assistance eligibility
Provide relocation assistance advisory(residential)
Provide relocation assistance advisory(non-residential)
Issue relocation payments(residential)
Issue relocation payments(non-residential)
Prop
erty
Man
agem
ent
Provide input to planning and programming
Conduct preliminary utility investigations Survey visible utility appurtenances and assess impact Conduct detailed utility investigations
Conduct design analyses
Develop final horizontal and
vertical alignmentsConduct detailed design Prepare PS&E
package
Let project
Build and deliver project
Conduct environmental re-evaluation
Examples include metropolitan and rural transportation plans, statewide transportation plan, unified transportation program, and transportation improvement plan.
Prepare and execute joint-use and multiple-use
agreements
Dispose improvements
Conduct design meeting Conduct 30%, 60%, and 90% design meetings Conduct final design and initial construction
coordination meetings
Conduct pre-construction
meeting
Monitor utility relocations and reimburse utility owners
Coordinate utility relocation design with utility owners
Prepare and execute utility agreements
Project Duration (GAO Report)
• Planning: 4-5 years• Preliminary design and environmental review: 1-5 years• Final design and right-of-way acquisition: 2-3 years• Construction: 2-6 years• Total: 9-19 years
Project Duration (AASHTO Report)
• Planning: 2-3 years• Environmental process: 4-6 years• Detailed design: 2-3 years• Right-of-way acquisition and utility relocation: 1-2 years• Construction: 2-3 years• Total: 10-15 years
Project Duration (Florida DOT)
Appraisal
Negotiation
Relocation
Property Management
Order of Taking
Condemnation
Construction Begins
0 2 4 6 8 10 12 14 16 18 20 22
6-10 months
6-8 months
0-9 months
0-2+ years
1-4 months
Project Duration (Minnesota DOT)100% Construction Limits
Titles
R/W Base Map from Surveys
Field Titles
R/W Package
ACOTs attorneys condition of title
Plats and Descriptions
Contracts for Fee Appraisers
Appraisals ( Fee )
D.P. Offers by Mail (Direct Purchase)
Condemnation
Request for Authorization from FHWA/ PIF / T & P (Public interest finding letter)
Project Letting Date
MONTHS18-4-6 0 2 4-2 166 8 12 1410
Project Duration (Texas DOT)• ROW release to possession: 18 months
– Standard deviation/range: 16/69 months• Initial appraisal to possession: 11 months
– Standard deviation/range: 13/59 months• Factors:
– Total number of parcels in a project– District right-of-way staff size– Project complexity
Phase I Activities• Review practices on state project development
and delivery workflow processes• Analyze a typical right-of-way development and
delivery model in compliance with the Uniform Act (without constraints from regulations)
• Conduct online survey and interviews
ROW Process According to the Uniform Act (USC 4601 et seq)
• Analyze each URA provision– Subchapter I (General Provisions)– Subchapter II (Uniform Relocation Assistance)– Subchapter III (Uniform Real Property
Acquisition Policy)• Map each provision to the PDP
– Functional areas and interdependencies
ROW Process – Level 3 Diagram
Available to All Displaced Persons Who Are Eligible for Advisory Services
Not lawfully present in the U.S.
Displaced person
Not eligible for assistance
Not a displaced person
§4625(a)Conduct early
planning toanticipate
displacements and associated problems
§4625(b)
Does not occupy adjacent property
§4625(b)
Occupies adjacent property
Substantial economic
injury
No substantial economic injury
Lawfully present in the U.S.
§4625(c)(1)Determine and
make timely recommendations
on needs and preferences of
displaced persons for relocation
assistance
§4625(c)(2)Provide information
on comparable replacement dwellings for
homeowners and tenants
§4625(c)(2)Provide information
on suitable locations for
businesses and farm operations
§4625(c)(4)Assist businesses
and farm operations in obtaining and
becoming established at a
suitable replacement
location
§4625(c)(5)Supply information about other federal and state programs
and provide assistance in applying for
assistance under those programs
§4625(c)(6)Provide other
services in order to minimize hardships
to displaced persons in adjusting
to relocation
§4626Identify last-resort
housing replacement
Residential
Non-residental
Comparable dwelling available
Comparable dwelling not
available
Major disaster or emergency
§4605Eligible for relocation
assistance advisory services
To an individual who is the displaced person’s spouse, parent, or child and who is a U.S. citizen or permanent resident in the U.S.
§4625Relocation assistance advisory includes measures, facilities, or services as needed or appropriate
§4625(a)Provide for the resolution of problems to
minimize adverse impacts on
displaced persons and expedite
project completion
§4651(5)Provide 90-day written notice of
date by which move is required
§4625(c)(3)Require person to move immediately
from dwelling
§4651(5)Provide 90-day written notice of
date by which move is required
Expense and dislocation
allowance option
§4622(b)Pay allowance according to
schedule established by the
U.S. DOTActual moving
cost option
§4622(a)Determine actual
reasonable moving expenses
Utility facility relocation Franchise
No utility relocation No franchise
Extraordinary relocation cost
No extraordinary cost
Determine utility relocation costs, increase in value, and salvage cost
Non-routine relocation expense, not included in annual utility budget as an operational expense.
Pay utility relocation costs less increase
in value minus salvage cost
Utility owner has a franchise or similar agreement with respect to the use of the displacing agency’s right-of-way, easement, or other property.
Utility relocation costs, betterment, and accrued depreciation
§4622(a)Pay actual moving
and related expenses
Homeowner at displaced
dwelling
≥180 days at displaced dwelling
90-180 days at displaced dwelling
Tenant at displaced dwelling
Purchase at new site
§4623(a)Determine
replacement housing payments
Rent at new site
If homeowner purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after (a) receiving acquisition payment or (b) displacing agency’s obligation under §4625(c)(3) is met.
Not to exceed $22,500, including the following (§4623(a)): (a) Difference in acquisition cost between dwelling acquired by displacing agency and reasonable cost of comparable replacement dwelling.(b) Increased interest and other debt service costs for financing acquisition of such comparable replacement dwelling (payable only if mortgage at dwelling acquired by displacing agency was in place for ≥180 days prior to initiation of negotiations).(c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the replacement dwelling (not including prepaid expenses).The limit of $22,500 does not apply to last resort housing (§4626).
Prior to the initiation of negotiations for the acquisition of the property (§4623(a)).
§4624Determine
additional costs to rent or lease a
comparable replacement
dwelling
Rent at new site
Purchase replacement
dwelling
§4623Pay replacement housing amount
Determine eligibility for maximum
amount
The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) (§4624(b)). For homeowners who have owned and occupied the displacement dwelling 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under §4623(a).
Anticipated low fair
market value
Offer accepted
Administrative settlement
Negotiation not successful
Alternate dispute
resolution
No alternate dispute resolution or alternate dispute resolution was
not successful
§4651 (3)Establish just
Compensation
Not anticipated low fair market
value
Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real property acquisition activities:(a) Authorization to acquire property has been received. (b) Right-of-way map and other related documents have been prepared.(c) Environmental document has been prepared and approved, except under certain conditions.
§4651(2)Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4601(6)(A)Provide written
notice of intent to acquire property
§4651(2)Invite owner to
accompany appraiser during
inspection
§4651(2)Inspect property
§4651(3)Develop approved appraisal of the fair market value of the
property
Not less than the agency’s approved appraisal of the fair market value of the property
Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired property and damages for remaining real property separately.
Conduct appraisal
§4651(3)Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9)Include uneconomic remnants in real property appraisal
§4651(3)Prepare written
offer
The Uniform Act does not explain the process to require persons to move if they are not eligible for assistance because they are not lawfully present in the U.S.
Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the property.
§4651(1)§4651(7)Conduct
negotiations
Negotiation is
successful
Donation
The Uniform Act mentions donations (§4651(2), §4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes.
§4651(4)Pay to owner
agreed purchase price to acquire
property
Conditional event if owner finds it necessary to institute legal proceedings to prove the fact of the taking of the real property.
§4653Reimburse owner for reasonable title transfer expenses
Amount not less than the agency’s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
§4651(8)Conduct
condemnation proceedings
§4651(4)Deposit funds in
court in accordance with 40 USC 3114(a) to (d)
Agency can acquire by
condemnation
Agency cannot acquire by
condemnation§4654(a)§4654(b)
Pay reasonable attorney, appraisal,
and engineering fees to owner
Or agency abandons proceedings
§4651(8)Inverse
condemnation proceedings
Owner sues agency
Judgment outcome
§4654(a), §4654(b)Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff)
§4651(4)Require owner to
surrender possession
Early Relocation Planning
Not mandatory according to the Uniform Act (§4651(2), §4651(10)).
Either sales or donations.
The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document.It Includes statement of right to receive just compensation for such property.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a)Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1)For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
Make written offer
Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws.
§4651(3)Make prompt written offer to
owner to acquire the property
§4652Make offer to tenant for
tenant-owned improvements
§4651(9)Include offer to acquire uneconomic remnants
Requires informing owner of the right to receive just compensation (§4651(10))
Not occupied property
§4653Reimburse owner for reasonable title transfer expenses
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
Occupied property
A displaced person is any person who moves from real property or moves his/her personal property from real property in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person (§4601(6)).
Exceptional and extremely unusual
hardship
The Uniform Act (§4601(10) defines a comparable replacement dwelling to be any dwelling that is:(a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and(f) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.
§4626(a)Take actions as
necessary to provide a
comparable dwelling
As needed, exceed maximum amount on a case-by-case basis
§4623(b)Insure mortgage on
comparable replacement
dwelling
The Uniform Act suggests that insuring a mortgage is not mandatory for an agency (§4623(b)).
Eligible person purchases a decent, safe, and sanitary replacement dwelling (§4624).
The Uniform Act indicates “not more than 180 days” (§4624(b)). There is a one-day overlap.
Within statutory limits: $22,500 (§4623(a))$5,250 (§4624(a))
Project cannot proceed on a timely basis because comparable dwelling (within statutory limits) is not available .
The Uniform Act does not address what happens if the duration is <90 days.
§4623Pay replacement housing amount
Legend
Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete.
Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete.
Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete.
Activity: Unit of work. Types of activities include tasks and sub-processes.
Sub-process (collapsed).
Group: Set of graphical elements within the same category.
Pool: Process partition that represents a major functional area or role. It may include one or more lanes.
Lane: Process sub-partition within a pool.
Annotation Annotation.Sequence flow.
Sub-process (expanded).
Start event.
Start event (conditional).
End event.
§4601(6)Apply procedure to determine whether
person is a displaced person
The process must be non-discriminating against any displaced person.
<90 days at displaced dwelling
The Uniform Act does not address the possibility of renting.
Eligible for additional payment
Not eligible for additional payment
Application by mortgagee
No application by mortgagee
Fixed payment option
§4622(c)Pay fixed payment according to criteria established by the
U.S. DOT ($1,000 -$20,000)
Actual moving cost option
No
Yes§4622(a)
Determine actual reasonable moving and related expenses, including the following:(1) Actual reasonable moving expenses.(2) Actual direct losses of tangible personal property (not to exceed amount equal to the reasonable expenses that would have been required to relocate such property).(3) Actual reasonable expenses in searching for a replacement business or farm.(4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000).
§4622(a)Pay actual moving
and related expenses
In lieu of the payment authorized under §4622(a)
Is the sole business at the displacement dwelling the rental of the dwelling to others?
Eligibility:
Actual moving
expenses
Loss of tangible personal property
Searching for replacement business or
farm
Expenses to reestablish operations
Small business
Not small business
Farm
Nonprofit organization
Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses:(a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared.
See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point (§4601(6)).
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(d)
A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance (§4601(6)(A)).
See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point.
§24.102(d)
§24.102(k)
§24.102(e)(3), §24.105
Rent
Do not rent
Decision to rent acquired property §4651(6)
Rent acquired property
If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the property.
Do not rent
Decision to rent acquired property
§4651(4)Require owner to
surrender possession
If lease is on a short-term basis or for a period subject to termination on short notice.
§4625(f)Eligible for advisory assistance services
to the extent established by the displacing agency
Rent to original owner or tenant
§4651(4)Require owner to
surrender possession
Rent to others
§4625(b)Advisory services available at the discretion of the acquiring agency
No major disaster or emergency
§4625(c)(3)Assure person is
not require to move without opportunity
to relocate to comparable replacement
dwelling
The Uniform Act does not define what a small business is.
Comparable replacement dwelling (§4624(a)).
Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing (§4624). Computation of payment must consider income of low-income displaced person.
The Uniform Act defines a utility facility as any system such as the following (§4622(d)):(a) Electric, gas, water, steam power, or material transmission or distribution system.(b) Transportation system.(c) Communication system (including cable television).(d) Fixtures, equipment, or other property associated with the operation, maintenance, or repair of that system.The utility facility must be located on property owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
§24.102(e)(1)
§24.102(b), §24.203(d)
§24.105(d)(1) to (3)
§24.102(h), §710.313(b)
§24.102(a), §24.102(f)
§24.102(i), §24.108, §710.505(a)
§24.108, §710.505(a)
§24.102(i), §710.105(b)
§24.102(j) §24.106
§24.102(j) §24.106
§24.107
§24.102(l)
§24.107
§24.102(j) §24.102(m), §710.403(d)
§24.102(m)
§24.102(j)
§24.102(j)
§24.2(a)(9)
§24.208
§24.203(c)(4), §24.204(b),
§24.204(b)
§24.205(c)(2)(i),
§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)
§24.205(c)(2)(ii)
§24.401(b)§24.402(a)
§24.404 §24.404(c)
§24.203(c)
§24.205(c)(2)(iii)
§24.205(c)(2)(iii)
§24.203(c)
§24.205(c)(1)
§24.302
§24.301(a) §24.301(a)
§24.401(a)(1)
§24.402(a)
§24.402(b)
§24.401(a)(2)
§24.401(b)
Not in 49 CFR 24
Not in 49 CFR 24
§24.402(c)
§24.402(b)
§24.402(a), §24.404(a)
§24.401(b)
§24.401(c)
§24.401(d)
§24.401(e)
§24.404(a)
§24.402(c)(1)
§24.305(a)(4)
§24.305(a)
§24.305(a), §24.305(c), §24.305(d)
§24.301(a)
§24.301(a)§24.301(g)(14)
§24.301(g)(17)
§24.304
§24.301(a) §24.301(a) §24.301(a) §24.304
§24.306 §24.306(c)
49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions.
§24.102(l)
§24.205(e)
§24.205(a)
§24.205(c)(1) §24.205(c)(1)
§24.208
§24.2(6)(6)
§24.204(a)
§4623(a)(1)
§24.401(f)
§24.102(d)
U.S. Code provision.
(In red italics) Code of Federal Regulations provision.
§4651 (3)
§710.305, §710.501, §710.503, §710.505
(In red italics) Annotation that pertains to a Code of Federal Regulations provision.
Annotation
§4651Acquisition by agreement with owner
Acquisition by Condemnation Proceedings
§4605
§4622(d)Utility Relocation Expenses
ROW Process – Level 3 Diagram
Available to All Displaced Persons Who Are Eligible for Advisory Services
Not lawfully present in the U.S.
Displaced person
Not eligible for assistance
Not a displaced person
§4625(a)Conduct early
planning toanticipate
displacements and associated problems
§4625(b)
Does not occupy adjacent property
§4625(b)
Occupies adjacent property
Substantial economic
injury
No substantial economic injury
Lawfully present in the U.S.
§4625(c)(1)Determine and
make timely recommendations
on needs and preferences of
displaced persons for relocation
assistance
§4625(c)(2)Provide information
on comparable replacement dwellings for
homeowners and tenants
§4625(c)(2)Provide information
on suitable locations for
businesses and farm operations
§4625(c)(4)Assist businesses
and farm operations in obtaining and
becoming established at a
suitable replacement
location
§4625(c)(5)Supply information about other federal and state programs
and provide assistance in applying for
assistance under those programs
§4625(c)(6)Provide other
services in order to minimize hardships
to displaced persons in adjusting
to relocation
§4626Identify last-resort
housing replacement
Residential
Non-residental
Comparable dwelling available
Comparable dwelling not
available
Major disaster or emergency
§4605Eligible for relocation
assistance advisory services
To an individual who is the displaced person’s spouse, parent, or child and who is a U.S. citizen or permanent resident in the U.S.
§4625Relocation assistance advisory includes measures, facilities, or services as needed or appropriate
§4625(a)Provide for the resolution of problems to
minimize adverse impacts on
displaced persons and expedite
project completion
§4651(5)Provide 90-day written notice of
date by which move is required
§4625(c)(3)Require person to move immediately
from dwelling
§4651(5)Provide 90-day written notice of
date by which move is required
Expense and dislocation
allowance option
§4622(b)Pay allowance according to
schedule established by the
U.S. DOTActual moving
cost option
§4622(a)Determine actual
reasonable moving expenses
Utility facility relocation Franchise
No utility relocation No franchise
Extraordinary relocation cost
No extraordinary cost
Determine utility relocation costs, increase in value, and salvage cost
Non-routine relocation expense, not included in annual utility budget as an operational expense.
Pay utility relocation costs less increase
in value minus salvage cost
Utility owner has a franchise or similar agreement with respect to the use of the displacing agency’s right-of-way, easement, or other property.
Utility relocation costs, betterment, and accrued depreciation
§4622(a)Pay actual moving
and related expenses
Homeowner at displaced
dwelling
≥180 days at displaced dwelling
90-180 days at displaced dwelling
Tenant at displaced dwelling
Purchase at new site
§4623(a)Determine
replacement housing payments
Rent at new site
If homeowner purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after (a) receiving acquisition payment or (b) displacing agency’s obligation under §4625(c)(3) is met.
Not to exceed $22,500, including the following (§4623(a)): (a) Difference in acquisition cost between dwelling acquired by displacing agency and reasonable cost of comparable replacement dwelling.(b) Increased interest and other debt service costs for financing acquisition of such comparable replacement dwelling (payable only if mortgage at dwelling acquired by displacing agency was in place for ≥180 days prior to initiation of negotiations).(c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the replacement dwelling (not including prepaid expenses).The limit of $22,500 does not apply to last resort housing (§4626).
Prior to the initiation of negotiations for the acquisition of the property (§4623(a)).
§4624Determine
additional costs to rent or lease a
comparable replacement
dwelling
Rent at new site
Purchase replacement
dwelling
§4623Pay replacement housing amount
Determine eligibility for maximum
amount
The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) (§4624(b)). For homeowners who have owned and occupied the displacement dwelling 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under §4623(a).
Anticipated low fair
market value
Offer accepted
Administrative settlement
Negotiation not successful
Alternate dispute
resolution
No alternate dispute resolution or alternate dispute resolution was
not successful
§4651 (3)Establish just
Compensation
Not anticipated low fair market
value
Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real property acquisition activities:(a) Authorization to acquire property has been received. (b) Right-of-way map and other related documents have been prepared.(c) Environmental document has been prepared and approved, except under certain conditions.
§4651(2)Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4601(6)(A)Provide written
notice of intent to acquire property
§4651(2)Invite owner to
accompany appraiser during
inspection
§4651(2)Inspect property
§4651(3)Develop approved appraisal of the fair market value of the
property
Not less than the agency’s approved appraisal of the fair market value of the property
Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired property and damages for remaining real property separately.
Conduct appraisal
§4651(3)Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9)Include uneconomic remnants in real property appraisal
§4651(3)Prepare written
offer
The Uniform Act does not explain the process to require persons to move if they are not eligible for assistance because they are not lawfully present in the U.S.
Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the property.
§4651(1)§4651(7)Conduct
negotiations
Negotiation is
successful
Donation
The Uniform Act mentions donations (§4651(2), §4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes.
§4651(4)Pay to owner
agreed purchase price to acquire
property
Conditional event if owner finds it necessary to institute legal proceedings to prove the fact of the taking of the real property.
§4653Reimburse owner for reasonable title transfer expenses
Amount not less than the agency’s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
§4651(8)Conduct
condemnation proceedings
§4651(4)Deposit funds in
court in accordance with 40 USC 3114(a) to (d)
Agency can acquire by
condemnation
Agency cannot acquire by
condemnation§4654(a)§4654(b)
Pay reasonable attorney, appraisal,
and engineering fees to owner
Or agency abandons proceedings
§4651(8)Inverse
condemnation proceedings
Owner sues agency
Judgment outcome
§4654(a), §4654(b)Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff)
§4651(4)Require owner to
surrender possession
Early Relocation Planning
Not mandatory according to the Uniform Act (§4651(2), §4651(10)).
Either sales or donations.
The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document.It Includes statement of right to receive just compensation for such property.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a)Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1)For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
Make written offer
Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws.
§4651(3)Make prompt written offer to
owner to acquire the property
§4652Make offer to tenant for
tenant-owned improvements
§4651(9)Include offer to acquire uneconomic remnants
Requires informing owner of the right to receive just compensation (§4651(10))
Not occupied property
§4653Reimburse owner for reasonable title transfer expenses
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
Occupied property
A displaced person is any person who moves from real property or moves his/her personal property from real property in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person (§4601(6)).
Exceptional and extremely unusual
hardship
The Uniform Act (§4601(10) defines a comparable replacement dwelling to be any dwelling that is:(a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and(f) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.
§4626(a)Take actions as
necessary to provide a
comparable dwelling
As needed, exceed maximum amount on a case-by-case basis
§4623(b)Insure mortgage on
comparable replacement
dwelling
The Uniform Act suggests that insuring a mortgage is not mandatory for an agency (§4623(b)).
Eligible person purchases a decent, safe, and sanitary replacement dwelling (§4624).
The Uniform Act indicates “not more than 180 days” (§4624(b)). There is a one-day overlap.
Within statutory limits: $22,500 (§4623(a))$5,250 (§4624(a))
Project cannot proceed on a timely basis because comparable dwelling (within statutory limits) is not available .
The Uniform Act does not address what happens if the duration is <90 days.
§4623Pay replacement housing amount
Legend
Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete.
Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete.
Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete.
Activity: Unit of work. Types of activities include tasks and sub-processes.
Sub-process (collapsed).
Group: Set of graphical elements within the same category.
Pool: Process partition that represents a major functional area or role. It may include one or more lanes.
Lane: Process sub-partition within a pool.
Annotation Annotation.Sequence flow.
Sub-process (expanded).
Start event.
Start event (conditional).
End event.
§4601(6)Apply procedure to determine whether
person is a displaced person
The process must be non-discriminating against any displaced person.
<90 days at displaced dwelling
The Uniform Act does not address the possibility of renting.
Eligible for additional payment
Not eligible for additional payment
Application by mortgagee
No application by mortgagee
Fixed payment option
§4622(c)Pay fixed payment according to criteria established by the
U.S. DOT ($1,000 -$20,000)
Actual moving cost option
No
Yes§4622(a)
Determine actual reasonable moving and related expenses, including the following:(1) Actual reasonable moving expenses.(2) Actual direct losses of tangible personal property (not to exceed amount equal to the reasonable expenses that would have been required to relocate such property).(3) Actual reasonable expenses in searching for a replacement business or farm.(4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000).
§4622(a)Pay actual moving
and related expenses
In lieu of the payment authorized under §4622(a)
Is the sole business at the displacement dwelling the rental of the dwelling to others?
Eligibility:
Actual moving
expenses
Loss of tangible personal property
Searching for replacement business or
farm
Expenses to reestablish operations
Small business
Not small business
Farm
Nonprofit organization
Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses:(a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared.
See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point (§4601(6)).
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(d)
A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance (§4601(6)(A)).
See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point.
§24.102(d)
§24.102(k)
§24.102(e)(3), §24.105
Rent
Do not rent
Decision to rent acquired property §4651(6)
Rent acquired property
If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the property.
Do not rent
Decision to rent acquired property
§4651(4)Require owner to
surrender possession
If lease is on a short-term basis or for a period subject to termination on short notice.
§4625(f)Eligible for advisory assistance services
to the extent established by the displacing agency
Rent to original owner or tenant
§4651(4)Require owner to
surrender possession
Rent to others
§4625(b)Advisory services available at the discretion of the acquiring agency
No major disaster or emergency
§4625(c)(3)Assure person is
not require to move without opportunity
to relocate to comparable replacement
dwelling
The Uniform Act does not define what a small business is.
Comparable replacement dwelling (§4624(a)).
Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing (§4624). Computation of payment must consider income of low-income displaced person.
The Uniform Act defines a utility facility as any system such as the following (§4622(d)):(a) Electric, gas, water, steam power, or material transmission or distribution system.(b) Transportation system.(c) Communication system (including cable television).(d) Fixtures, equipment, or other property associated with the operation, maintenance, or repair of that system.The utility facility must be located on property owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
§24.102(e)(1)
§24.102(b), §24.203(d)
§24.105(d)(1) to (3)
§24.102(h), §710.313(b)
§24.102(a), §24.102(f)
§24.102(i), §24.108, §710.505(a)
§24.108, §710.505(a)
§24.102(i), §710.105(b)
§24.102(j) §24.106
§24.102(j) §24.106
§24.107
§24.102(l)
§24.107
§24.102(j) §24.102(m), §710.403(d)
§24.102(m)
§24.102(j)
§24.102(j)
§24.2(a)(9)
§24.208
§24.203(c)(4), §24.204(b),
§24.204(b)
§24.205(c)(2)(i),
§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)
§24.205(c)(2)(ii)
§24.401(b)§24.402(a)
§24.404 §24.404(c)
§24.203(c)
§24.205(c)(2)(iii)
§24.205(c)(2)(iii)
§24.203(c)
§24.205(c)(1)
§24.302
§24.301(a) §24.301(a)
§24.401(a)(1)
§24.402(a)
§24.402(b)
§24.401(a)(2)
§24.401(b)
Not in 49 CFR 24
Not in 49 CFR 24
§24.402(c)
§24.402(b)
§24.402(a), §24.404(a)
§24.401(b)
§24.401(c)
§24.401(d)
§24.401(e)
§24.404(a)
§24.402(c)(1)
§24.305(a)(4)
§24.305(a)
§24.305(a), §24.305(c), §24.305(d)
§24.301(a)
§24.301(a)§24.301(g)(14)
§24.301(g)(17)
§24.304
§24.301(a) §24.301(a) §24.301(a) §24.304
§24.306 §24.306(c)
49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions.
§24.102(l)
§24.205(e)
§24.205(a)
§24.205(c)(1) §24.205(c)(1)
§24.208
§24.2(6)(6)
§24.204(a)
§4623(a)(1)
§24.401(f)
§24.102(d)
U.S. Code provision.
(In red italics) Code of Federal Regulations provision.
§4651 (3)
§710.305, §710.501, §710.503, §710.505
(In red italics) Annotation that pertains to a Code of Federal Regulations provision.
Annotation
§4651Acquisition by agreement with owner
Acquisition by Condemnation Proceedings
§4605
§4622(d)Utility Relocation Expenses
Anticipated low fair
market value
§4651 (3) / [301]Establish just
Compensation
Not anticipated low fair market
value
§4651(2) / [301]Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4651(2) / [301]Invite owner to
accompany appraiser during
inspection
§4651(2) / [301]Inspect property
§4651(3) / [301]Develop approved appraisal of the fair market value of the
property
Conduct appraisal
§4651(3) / [301]Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9) / [301]Include uneconomic remnants in real property appraisal
Not mandatory according to the Uniform Act (§4651(2), §4651(10) / [301]).
Either sales or donations.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a) / [302]Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1) / [302]For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
ROW Process – Level 3 Diagram
Available to All Displaced Persons Who Are Eligible for Advisory Services
Not lawfully present in the U.S.
Displaced person
Not eligible for assistance
Not a displaced person
§4625(a)Conduct early
planning toanticipate
displacements and associated problems
§4625(b)
Does not occupy adjacent property
§4625(b)
Occupies adjacent property
Substantial economic
injury
No substantial economic injury
Lawfully present in the U.S.
§4625(c)(1)Determine and
make timely recommendations
on needs and preferences of
displaced persons for relocation
assistance
§4625(c)(2)Provide information
on comparable replacement dwellings for
homeowners and tenants
§4625(c)(2)Provide information
on suitable locations for
businesses and farm operations
§4625(c)(4)Assist businesses
and farm operations in obtaining and
becoming established at a
suitable replacement
location
§4625(c)(5)Supply information about other federal and state programs
and provide assistance in applying for
assistance under those programs
§4625(c)(6)Provide other
services in order to minimize hardships
to displaced persons in adjusting
to relocation
§4626Identify last-resort
housing replacement
Residential
Non-residental
Comparable dwelling available
Comparable dwelling not
available
Major disaster or emergency
§4605Eligible for relocation
assistance advisory services
To an individual who is the displaced person’s spouse, parent, or child and who is a U.S. citizen or permanent resident in the U.S.
§4625Relocation assistance advisory includes measures, facilities, or services as needed or appropriate
§4625(a)Provide for the resolution of problems to
minimize adverse impacts on
displaced persons and expedite
project completion
§4651(5)Provide 90-day written notice of
date by which move is required
§4625(c)(3)Require person to move immediately
from dwelling
§4651(5)Provide 90-day written notice of
date by which move is required
Expense and dislocation
allowance option
§4622(b)Pay allowance according to
schedule established by the
U.S. DOTActual moving
cost option
§4622(a)Determine actual
reasonable moving expenses
Utility facility relocation Franchise
No utility relocation No franchise
Extraordinary relocation cost
No extraordinary cost
Determine utility relocation costs, increase in value, and salvage cost
Non-routine relocation expense, not included in annual utility budget as an operational expense.
Pay utility relocation costs less increase
in value minus salvage cost
Utility owner has a franchise or similar agreement with respect to the use of the displacing agency’s right-of-way, easement, or other property.
Utility relocation costs, betterment, and accrued depreciation
§4622(a)Pay actual moving
and related expenses
Homeowner at displaced
dwelling
≥180 days at displaced dwelling
90-180 days at displaced dwelling
Tenant at displaced dwelling
Purchase at new site
§4623(a)Determine
replacement housing payments
Rent at new site
If homeowner purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after (a) receiving acquisition payment or (b) displacing agency’s obligation under §4625(c)(3) is met.
Not to exceed $22,500, including the following (§4623(a)): (a) Difference in acquisition cost between dwelling acquired by displacing agency and reasonable cost of comparable replacement dwelling.(b) Increased interest and other debt service costs for financing acquisition of such comparable replacement dwelling (payable only if mortgage at dwelling acquired by displacing agency was in place for ≥180 days prior to initiation of negotiations).(c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the replacement dwelling (not including prepaid expenses).The limit of $22,500 does not apply to last resort housing (§4626).
Prior to the initiation of negotiations for the acquisition of the property (§4623(a)).
§4624Determine
additional costs to rent or lease a
comparable replacement
dwelling
Rent at new site
Purchase replacement
dwelling
§4623Pay replacement housing amount
Determine eligibility for maximum
amount
The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) (§4624(b)). For homeowners who have owned and occupied the displacement dwelling 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under §4623(a).
Anticipated low fair
market value
Offer accepted
Administrative settlement
Negotiation not successful
Alternate dispute
resolution
No alternate dispute resolution or alternate dispute resolution was
not successful
§4651 (3)Establish just
Compensation
Not anticipated low fair market
value
Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real property acquisition activities:(a) Authorization to acquire property has been received. (b) Right-of-way map and other related documents have been prepared.(c) Environmental document has been prepared and approved, except under certain conditions.
§4651(2)Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4601(6)(A)Provide written
notice of intent to acquire property
§4651(2)Invite owner to
accompany appraiser during
inspection
§4651(2)Inspect property
§4651(3)Develop approved appraisal of the fair market value of the
property
Not less than the agency’s approved appraisal of the fair market value of the property
Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired property and damages for remaining real property separately.
Conduct appraisal
§4651(3)Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9)Include uneconomic remnants in real property appraisal
§4651(3)Prepare written
offer
The Uniform Act does not explain the process to require persons to move if they are not eligible for assistance because they are not lawfully present in the U.S.
Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the property.
§4651(1)§4651(7)Conduct
negotiations
Negotiation is
successful
Donation
The Uniform Act mentions donations (§4651(2), §4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes.
§4651(4)Pay to owner
agreed purchase price to acquire
property
Conditional event if owner finds it necessary to institute legal proceedings to prove the fact of the taking of the real property.
§4653Reimburse owner for reasonable title transfer expenses
Amount not less than the agency’s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
§4651(8)Conduct
condemnation proceedings
§4651(4)Deposit funds in
court in accordance with 40 USC 3114(a) to (d)
Agency can acquire by
condemnation
Agency cannot acquire by
condemnation§4654(a)§4654(b)
Pay reasonable attorney, appraisal,
and engineering fees to owner
Or agency abandons proceedings
§4651(8)Inverse
condemnation proceedings
Owner sues agency
Judgment outcome
§4654(a), §4654(b)Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff)
§4651(4)Require owner to
surrender possession
Early Relocation Planning
Not mandatory according to the Uniform Act (§4651(2), §4651(10)).
Either sales or donations.
The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document.It Includes statement of right to receive just compensation for such property.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a)Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1)For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
Make written offer
Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws.
§4651(3)Make prompt written offer to
owner to acquire the property
§4652Make offer to tenant for
tenant-owned improvements
§4651(9)Include offer to acquire uneconomic remnants
Requires informing owner of the right to receive just compensation (§4651(10))
Not occupied property
§4653Reimburse owner for reasonable title transfer expenses
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
Occupied property
A displaced person is any person who moves from real property or moves his/her personal property from real property in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person (§4601(6)).
Exceptional and extremely unusual
hardship
The Uniform Act (§4601(10) defines a comparable replacement dwelling to be any dwelling that is:(a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and(f) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.
§4626(a)Take actions as
necessary to provide a
comparable dwelling
As needed, exceed maximum amount on a case-by-case basis
§4623(b)Insure mortgage on
comparable replacement
dwelling
The Uniform Act suggests that insuring a mortgage is not mandatory for an agency (§4623(b)).
Eligible person purchases a decent, safe, and sanitary replacement dwelling (§4624).
The Uniform Act indicates “not more than 180 days” (§4624(b)). There is a one-day overlap.
Within statutory limits: $22,500 (§4623(a))$5,250 (§4624(a))
Project cannot proceed on a timely basis because comparable dwelling (within statutory limits) is not available .
The Uniform Act does not address what happens if the duration is <90 days.
§4623Pay replacement housing amount
Legend
Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete.
Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete.
Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete.
Activity: Unit of work. Types of activities include tasks and sub-processes.
Sub-process (collapsed).
Group: Set of graphical elements within the same category.
Pool: Process partition that represents a major functional area or role. It may include one or more lanes.
Lane: Process sub-partition within a pool.
Annotation Annotation.Sequence flow.
Sub-process (expanded).
Start event.
Start event (conditional).
End event.
§4601(6)Apply procedure to determine whether
person is a displaced person
The process must be non-discriminating against any displaced person.
<90 days at displaced dwelling
The Uniform Act does not address the possibility of renting.
Eligible for additional payment
Not eligible for additional payment
Application by mortgagee
No application by mortgagee
Fixed payment option
§4622(c)Pay fixed payment according to criteria established by the
U.S. DOT ($1,000 -$20,000)
Actual moving cost option
No
Yes§4622(a)
Determine actual reasonable moving and related expenses, including the following:(1) Actual reasonable moving expenses.(2) Actual direct losses of tangible personal property (not to exceed amount equal to the reasonable expenses that would have been required to relocate such property).(3) Actual reasonable expenses in searching for a replacement business or farm.(4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000).
§4622(a)Pay actual moving
and related expenses
In lieu of the payment authorized under §4622(a)
Is the sole business at the displacement dwelling the rental of the dwelling to others?
Eligibility:
Actual moving
expenses
Loss of tangible personal property
Searching for replacement business or
farm
Expenses to reestablish operations
Small business
Not small business
Farm
Nonprofit organization
Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses:(a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared.
See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point (§4601(6)).
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(d)
A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance (§4601(6)(A)).
See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point.
§24.102(d)
§24.102(k)
§24.102(e)(3), §24.105
Rent
Do not rent
Decision to rent acquired property §4651(6)
Rent acquired property
If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the property.
Do not rent
Decision to rent acquired property
§4651(4)Require owner to
surrender possession
If lease is on a short-term basis or for a period subject to termination on short notice.
§4625(f)Eligible for advisory assistance services
to the extent established by the displacing agency
Rent to original owner or tenant
§4651(4)Require owner to
surrender possession
Rent to others
§4625(b)Advisory services available at the discretion of the acquiring agency
No major disaster or emergency
§4625(c)(3)Assure person is
not require to move without opportunity
to relocate to comparable replacement
dwelling
The Uniform Act does not define what a small business is.
Comparable replacement dwelling (§4624(a)).
Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing (§4624). Computation of payment must consider income of low-income displaced person.
The Uniform Act defines a utility facility as any system such as the following (§4622(d)):(a) Electric, gas, water, steam power, or material transmission or distribution system.(b) Transportation system.(c) Communication system (including cable television).(d) Fixtures, equipment, or other property associated with the operation, maintenance, or repair of that system.The utility facility must be located on property owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
§24.102(e)(1)
§24.102(b), §24.203(d)
§24.105(d)(1) to (3)
§24.102(h), §710.313(b)
§24.102(a), §24.102(f)
§24.102(i), §24.108, §710.505(a)
§24.108, §710.505(a)
§24.102(i), §710.105(b)
§24.102(j) §24.106
§24.102(j) §24.106
§24.107
§24.102(l)
§24.107
§24.102(j) §24.102(m), §710.403(d)
§24.102(m)
§24.102(j)
§24.102(j)
§24.2(a)(9)
§24.208
§24.203(c)(4), §24.204(b),
§24.204(b)
§24.205(c)(2)(i),
§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)
§24.205(c)(2)(ii)
§24.401(b)§24.402(a)
§24.404 §24.404(c)
§24.203(c)
§24.205(c)(2)(iii)
§24.205(c)(2)(iii)
§24.203(c)
§24.205(c)(1)
§24.302
§24.301(a) §24.301(a)
§24.401(a)(1)
§24.402(a)
§24.402(b)
§24.401(a)(2)
§24.401(b)
Not in 49 CFR 24
Not in 49 CFR 24
§24.402(c)
§24.402(b)
§24.402(a), §24.404(a)
§24.401(b)
§24.401(c)
§24.401(d)
§24.401(e)
§24.404(a)
§24.402(c)(1)
§24.305(a)(4)
§24.305(a)
§24.305(a), §24.305(c), §24.305(d)
§24.301(a)
§24.301(a)§24.301(g)(14)
§24.301(g)(17)
§24.304
§24.301(a) §24.301(a) §24.301(a) §24.304
§24.306 §24.306(c)
49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions.
§24.102(l)
§24.205(e)
§24.205(a)
§24.205(c)(1) §24.205(c)(1)
§24.208
§24.2(6)(6)
§24.204(a)
§4623(a)(1)
§24.401(f)
§24.102(d)
U.S. Code provision.
(In red italics) Code of Federal Regulations provision.
§4651 (3)
§710.305, §710.501, §710.503, §710.505
(In red italics) Annotation that pertains to a Code of Federal Regulations provision.
Annotation
§4651Acquisition by agreement with owner
Acquisition by Condemnation Proceedings
§4605
§4622(d)Utility Relocation Expenses
Anticipated low fair
market value
§4651 (3) / [301]Establish just
Compensation
Not anticipated low fair market
value
§4651(2) / [301]Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4651(2) / [301]Invite owner to
accompany appraiser during
inspection
§4651(2) / [301]Inspect property
§4651(3) / [301]Develop approved appraisal of the fair market value of the
property
Conduct appraisal
§4651(3) / [301]Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9) / [301]Include uneconomic remnants in real property appraisal
Not mandatory according to the Uniform Act (§4651(2), §4651(10) / [301]).
Either sales or donations.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a) / [302]Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1) / [302]For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
ROW Process – Level 3 Diagram
Available to All Displaced Persons Who Are Eligible for Advisory Services
Not lawfully present in the U.S.
Displaced person
Not eligible for assistance
Not a displaced person
§4625(a)Conduct early
planning toanticipate
displacements and associated problems
§4625(b)
Does not occupy adjacent property
§4625(b)
Occupies adjacent property
Substantial economic
injury
No substantial economic injury
Lawfully present in the U.S.
§4625(c)(1)Determine and
make timely recommendations
on needs and preferences of
displaced persons for relocation
assistance
§4625(c)(2)Provide information
on comparable replacement dwellings for
homeowners and tenants
§4625(c)(2)Provide information
on suitable locations for
businesses and farm operations
§4625(c)(4)Assist businesses
and farm operations in obtaining and
becoming established at a
suitable replacement
location
§4625(c)(5)Supply information about other federal and state programs
and provide assistance in applying for
assistance under those programs
§4625(c)(6)Provide other
services in order to minimize hardships
to displaced persons in adjusting
to relocation
§4626Identify last-resort
housing replacement
Residential
Non-residental
Comparable dwelling available
Comparable dwelling not
available
Major disaster or emergency
§4605Eligible for relocation
assistance advisory services
To an individual who is the displaced person’s spouse, parent, or child and who is a U.S. citizen or permanent resident in the U.S.
§4625Relocation assistance advisory includes measures, facilities, or services as needed or appropriate
§4625(a)Provide for the resolution of problems to
minimize adverse impacts on
displaced persons and expedite
project completion
§4651(5)Provide 90-day written notice of
date by which move is required
§4625(c)(3)Require person to move immediately
from dwelling
§4651(5)Provide 90-day written notice of
date by which move is required
Expense and dislocation
allowance option
§4622(b)Pay allowance according to
schedule established by the
U.S. DOTActual moving
cost option
§4622(a)Determine actual
reasonable moving expenses
Utility facility relocation Franchise
No utility relocation No franchise
Extraordinary relocation cost
No extraordinary cost
Determine utility relocation costs, increase in value, and salvage cost
Non-routine relocation expense, not included in annual utility budget as an operational expense.
Pay utility relocation costs less increase
in value minus salvage cost
Utility owner has a franchise or similar agreement with respect to the use of the displacing agency’s right-of-way, easement, or other property.
Utility relocation costs, betterment, and accrued depreciation
§4622(a)Pay actual moving
and related expenses
Homeowner at displaced
dwelling
≥180 days at displaced dwelling
90-180 days at displaced dwelling
Tenant at displaced dwelling
Purchase at new site
§4623(a)Determine
replacement housing payments
Rent at new site
If homeowner purchases and occupies a decent, safe, and sanitary replacement dwelling within one year after (a) receiving acquisition payment or (b) displacing agency’s obligation under §4625(c)(3) is met.
Not to exceed $22,500, including the following (§4623(a)): (a) Difference in acquisition cost between dwelling acquired by displacing agency and reasonable cost of comparable replacement dwelling.(b) Increased interest and other debt service costs for financing acquisition of such comparable replacement dwelling (payable only if mortgage at dwelling acquired by displacing agency was in place for ≥180 days prior to initiation of negotiations).(c) Reasonable expenses for evidence of title, recording fees, and other closing costs for the purchase of the replacement dwelling (not including prepaid expenses).The limit of $22,500 does not apply to last resort housing (§4626).
Prior to the initiation of negotiations for the acquisition of the property (§4623(a)).
§4624Determine
additional costs to rent or lease a
comparable replacement
dwelling
Rent at new site
Purchase replacement
dwelling
§4623Pay replacement housing amount
Determine eligibility for maximum
amount
The displacing agency may increase the payment to the maximum of $5,250 (used for down payment and other incidental expenses) (§4624(b)). For homeowners who have owned and occupied the displacement dwelling 90-180 days prior to the initiation of negotiations, the amount cannot exceed the maximum they would receive if they qualified under §4623(a).
Anticipated low fair
market value
Offer accepted
Administrative settlement
Negotiation not successful
Alternate dispute
resolution
No alternate dispute resolution or alternate dispute resolution was
not successful
§4651 (3)Establish just
Compensation
Not anticipated low fair market
value
Starting point not included in the Uniform Act. The following is assumed as the starting point for formal real property acquisition activities:(a) Authorization to acquire property has been received. (b) Right-of-way map and other related documents have been prepared.(c) Environmental document has been prepared and approved, except under certain conditions.
§4651(2)Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4601(6)(A)Provide written
notice of intent to acquire property
§4651(2)Invite owner to
accompany appraiser during
inspection
§4651(2)Inspect property
§4651(3)Develop approved appraisal of the fair market value of the
property
Not less than the agency’s approved appraisal of the fair market value of the property
Must be for the full amount of just compensation as established by the agency (and summary of basis for just compensation). Where appropriate, list just compensation for acquired property and damages for remaining real property separately.
Conduct appraisal
§4651(3)Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9)Include uneconomic remnants in real property appraisal
§4651(3)Prepare written
offer
The Uniform Act does not explain the process to require persons to move if they are not eligible for assistance because they are not lawfully present in the U.S.
Do not take any coercive action (such as advancing the time of condemnation, delaying negotiations or condemnation, or delaying depositing funds in court) in order to compel an agreement on the price to be paid for the property.
§4651(1)§4651(7)Conduct
negotiations
Negotiation is
successful
Donation
The Uniform Act mentions donations (§4651(2), §4651(10)). It does not mention other options such as administrative settlements or alternate dispute resolutions. These options are included in the diagram for completeness and illustration purposes.
§4651(4)Pay to owner
agreed purchase price to acquire
property
Conditional event if owner finds it necessary to institute legal proceedings to prove the fact of the taking of the real property.
§4653Reimburse owner for reasonable title transfer expenses
Amount not less than the agency’s approved appraisal of the fair market value or the amount of the award of compensation in the condemnation proceedings
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
§4651(8)Conduct
condemnation proceedings
§4651(4)Deposit funds in
court in accordance with 40 USC 3114(a) to (d)
Agency can acquire by
condemnation
Agency cannot acquire by
condemnation§4654(a)§4654(b)
Pay reasonable attorney, appraisal,
and engineering fees to owner
Or agency abandons proceedings
§4651(8)Inverse
condemnation proceedings
Owner sues agency
Judgment outcome
§4654(a), §4654(b)Pay reasonable attorney, appraisal, and engineering fees to owner (if court renders a judgment for the plaintiff)
§4651(4)Require owner to
surrender possession
Early Relocation Planning
Not mandatory according to the Uniform Act (§4651(2), §4651(10)).
Either sales or donations.
The Uniform Act does not define what notice of intent to acquire is. The notice could be the offer itself or a different document.It Includes statement of right to receive just compensation for such property.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a)Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1)For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
Make written offer
Offer must not result in duplication of payments. No such payment is made unless the landowner disclaims all interest in the improvements of the tenant. Tenant must assign, transfer, and release right, title, and interest. Tenant has a right to reject payment under this section and seek payment under other applicable laws.
§4651(3)Make prompt written offer to
owner to acquire the property
§4652Make offer to tenant for
tenant-owned improvements
§4651(9)Include offer to acquire uneconomic remnants
Requires informing owner of the right to receive just compensation (§4651(10))
Not occupied property
§4653Reimburse owner for reasonable title transfer expenses
Includes:(a) Recording fees, transfer taxes, and other similar expenses(b) Penalty costs for prepayment of preexisting mortgage(c) Pro rata portion of real property taxes
Occupied property
A displaced person is any person who moves from real property or moves his/her personal property from real property in connection with the acquisition of right-of-way or in connection with rehabilitation, demolition, or other permanent displacing activities undertaken by a federal agency or with federal financial assistance. The Uniform Act includes provisions for determining whether a person can be classified as a displaced person (§4601(6)).
Exceptional and extremely unusual
hardship
The Uniform Act (§4601(10) defines a comparable replacement dwelling to be any dwelling that is:(a) decent, safe, and sanitary; (b) adequate in size to accommodate the occupants; (c) within the financial means of the displaced person; (d) functionally equivalent; (e) in an area not subject to unreasonable adverse environmental conditions; and(f) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment.
§4626(a)Take actions as
necessary to provide a
comparable dwelling
As needed, exceed maximum amount on a case-by-case basis
§4623(b)Insure mortgage on
comparable replacement
dwelling
The Uniform Act suggests that insuring a mortgage is not mandatory for an agency (§4623(b)).
Eligible person purchases a decent, safe, and sanitary replacement dwelling (§4624).
The Uniform Act indicates “not more than 180 days” (§4624(b)). There is a one-day overlap.
Within statutory limits: $22,500 (§4623(a))$5,250 (§4624(a))
Project cannot proceed on a timely basis because comparable dwelling (within statutory limits) is not available .
The Uniform Act does not address what happens if the duration is <90 days.
§4623Pay replacement housing amount
Legend
Exclusive gateway: When splitting, only one branch is activated. When merging, the active branch must complete.
Inclusive gateway: When splitting, one or more branches are activated. When merging, all active incoming branches must complete.
Parallel gateway: When splitting, all branches are activated simultaneously. When merging, all incoming branches must complete.
Activity: Unit of work. Types of activities include tasks and sub-processes.
Sub-process (collapsed).
Group: Set of graphical elements within the same category.
Pool: Process partition that represents a major functional area or role. It may include one or more lanes.
Lane: Process sub-partition within a pool.
Annotation Annotation.Sequence flow.
Sub-process (expanded).
Start event.
Start event (conditional).
End event.
§4601(6)Apply procedure to determine whether
person is a displaced person
The process must be non-discriminating against any displaced person.
<90 days at displaced dwelling
The Uniform Act does not address the possibility of renting.
Eligible for additional payment
Not eligible for additional payment
Application by mortgagee
No application by mortgagee
Fixed payment option
§4622(c)Pay fixed payment according to criteria established by the
U.S. DOT ($1,000 -$20,000)
Actual moving cost option
No
Yes§4622(a)
Determine actual reasonable moving and related expenses, including the following:(1) Actual reasonable moving expenses.(2) Actual direct losses of tangible personal property (not to exceed amount equal to the reasonable expenses that would have been required to relocate such property).(3) Actual reasonable expenses in searching for a replacement business or farm.(4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000).
§4622(a)Pay actual moving
and related expenses
In lieu of the payment authorized under §4622(a)
Is the sole business at the displacement dwelling the rental of the dwelling to others?
Eligibility:
Actual moving
expenses
Loss of tangible personal property
Searching for replacement business or
farm
Expenses to reestablish operations
Small business
Not small business
Farm
Nonprofit organization
Trigger event not included in the Uniform Act. The following is assumed as the starting point for the determination of utility relocation expenses:(a) Need for utility relocation has been established. (b) Utility relocation drawings and other related documents have been prepared.
See relocation eligibility determination lane below for other permanent displacement activities (e.g., rehabilitation and demolition) that can trigger a process starting point (§4601(6)).
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(d)
A permanent displacement activity (e.g., rehabilitation and demolition) under a program or project undertaken by a Federal agency or with federal financial assistance (§4601(6)(A)).
See valuation planning lane above for right-of-way acquisition activities that can trigger a process starting point.
§24.102(d)
§24.102(k)
§24.102(e)(3), §24.105
Rent
Do not rent
Decision to rent acquired property §4651(6)
Rent acquired property
If leased to original owner or tenant, the lease amount cannot exceed the fair rental value of the property.
Do not rent
Decision to rent acquired property
§4651(4)Require owner to
surrender possession
If lease is on a short-term basis or for a period subject to termination on short notice.
§4625(f)Eligible for advisory assistance services
to the extent established by the displacing agency
Rent to original owner or tenant
§4651(4)Require owner to
surrender possession
Rent to others
§4625(b)Advisory services available at the discretion of the acquiring agency
No major disaster or emergency
§4625(c)(3)Assure person is
not require to move without opportunity
to relocate to comparable replacement
dwelling
The Uniform Act does not define what a small business is.
Comparable replacement dwelling (§4624(a)).
Not to exceed 42 months and not to exceed $5,250, unless it is last resort housing (§4624). Computation of payment must consider income of low-income displaced person.
The Uniform Act defines a utility facility as any system such as the following (§4622(d)):(a) Electric, gas, water, steam power, or material transmission or distribution system.(b) Transportation system.(c) Communication system (including cable television).(d) Fixtures, equipment, or other property associated with the operation, maintenance, or repair of that system.The utility facility must be located on property owned by a state or local government or over which a state or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
§24.102(e)(1)
§24.102(b), §24.203(d)
§24.105(d)(1) to (3)
§24.102(h), §710.313(b)
§24.102(a), §24.102(f)
§24.102(i), §24.108, §710.505(a)
§24.108, §710.505(a)
§24.102(i), §710.105(b)
§24.102(j) §24.106
§24.102(j) §24.106
§24.107
§24.102(l)
§24.107
§24.102(j) §24.102(m), §710.403(d)
§24.102(m)
§24.102(j)
§24.102(j)
§24.2(a)(9)
§24.208
§24.203(c)(4), §24.204(b),
§24.204(b)
§24.205(c)(2)(i),
§24.205(c)(2)(ii) §24.205(c)(2)(v) §24.205(c)(2)(iv)
§24.205(c)(2)(ii)
§24.401(b)§24.402(a)
§24.404 §24.404(c)
§24.203(c)
§24.205(c)(2)(iii)
§24.205(c)(2)(iii)
§24.203(c)
§24.205(c)(1)
§24.302
§24.301(a) §24.301(a)
§24.401(a)(1)
§24.402(a)
§24.402(b)
§24.401(a)(2)
§24.401(b)
Not in 49 CFR 24
Not in 49 CFR 24
§24.402(c)
§24.402(b)
§24.402(a), §24.404(a)
§24.401(b)
§24.401(c)
§24.401(d)
§24.401(e)
§24.404(a)
§24.402(c)(1)
§24.305(a)(4)
§24.305(a)
§24.305(a), §24.305(c), §24.305(d)
§24.301(a)
§24.301(a)§24.301(g)(14)
§24.301(g)(17)
§24.304
§24.301(a) §24.301(a) §24.301(a) §24.304
§24.306 §24.306(c)
49 CFR 24 and 23 CFR 710 mention donations and administrative settlements but not alternate dispute resolutions.
§24.102(l)
§24.205(e)
§24.205(a)
§24.205(c)(1) §24.205(c)(1)
§24.208
§24.2(6)(6)
§24.204(a)
§4623(a)(1)
§24.401(f)
§24.102(d)
U.S. Code provision.
(In red italics) Code of Federal Regulations provision.
§4651 (3)
§710.305, §710.501, §710.503, §710.505
(In red italics) Annotation that pertains to a Code of Federal Regulations provision.
Annotation
§4651Acquisition by agreement with owner
Acquisition by Condemnation Proceedings
§4605
§4622(d)Utility Relocation Expenses
Anticipated low fair
market value
§4651 (3) / [301]Establish just
Compensation
Not anticipated low fair market
value
§4651(2) / [301]Exercise option to apply procedure to
determine if property has an
anticipated low fair market value
§4651(2) / [301]Invite owner to
accompany appraiser during
inspection
§4651(2) / [301]Inspect property
§4651(3) / [301]Develop approved appraisal of the fair market value of the
property
Conduct appraisal
§4651(3) / [301]Develop appraisal of the fair market value of the property. Disregard decrease or increase in the fair market value of the property caused by the project (or the likelihood the property would be acquired for the project).
§4651(9) / [301]Include uneconomic remnants in real property appraisal
Not mandatory according to the Uniform Act (§4651(2), §4651(10) / [301]).
Either sales or donations.
Keep appraisals for uneconomic remnants separate from required property. The reason is that eminent domain does not apply to uneconomic remnants (i.e., the owner is not obligated to sell uneconomic remnants).
§4652(a) / [302]Include equal interest in buildings, structures, or other improvements that need to be removed or that are adversely affected
§4652(b)(1) / [302]For buildings, structures, or other improvements, select larger of:(a) Contribution to fair market value of property to be acquired(b) Fair market value for removal from the real property
Notwithstanding right or obligation of tenant to remove building, structure, or other improvement at the expiration of the lease
§24.103(b)
§24.102(k)
§24.105(a)
§24.105(c)
§24.102(d), §710.201(j)
§24.102(c)
§24.102(c)(2)(i), §24.108, §710.505(a)
§24.102(c)(1) §24.102(c)(1)
§24.105(c) includes a reference to salvage value in the case of tenant-owned improvements, which is not mentioned in the Uniform Act.
§24.105(a) applies exclusively to the acquisition of tenant-owned improvements.
Fixed payment option
§4622(c)Pay fixed payment according to criteria established by the U.S. DOT ($1,000 -
$20,000)Actual moving
cost option
No
Yes§4622(a)
Determine actual reasonable moving and related expenses, including the following:(1) Actual reasonable moving expenses.(2) Actual direct losses of tangible personal property (not to exceed amount equal to the reasonable expenses that would have been required to relocate such property).(3) Actual reasonable expenses in searching for a replacement business or farm.(4) Actual reasonable expenses to reestablish operations at the site (not to exceed $10,000).
§4622(a)Pay actual moving
and related expenses
In lieu of the payment authorized under §4622(a)
Is the sole business at the displacement dwelling the rental of the dwelling to others?
Eligibility:
Actual moving
expenses
Loss of tangible personal property
Searching for replacement business or
farm
Expenses to reestablish operations
Small business
Not small business
Farm
Nonprofit organization
The Uniform Act does not define what a small business is.
§24.305(a)
§24.305(a), §24.305(c), §24.305(d)
§24.301(a)
§24.301(a)§24.301(g)(14)
§24.301(g)(17)
§24.304
§24.301(a) §24.301(a) §24.301(a) §24.304
Phase I Activities• Review practices on state project development
and delivery workflow processes• Analyze a typical right-of-way development and
delivery model in compliance with the Uniform Act (without constraints from regulations)
• Conduct online survey and interviews
Survey and Interviews• Survey participants:
– AASHTO subcommittees– TRB Committee on ED and Land Use– IRWA committees– Consultants
• 104 participants from 38 state DOTs• 24 consultants from 13 states• 17 interviews representing 6 state DOTs
Other Property Acquisition Issues• Project funding uncertainty, including delays in passing state budget.• Inadequate timeframe to accomplish the work.• LPAs frequently do not have the required skills or knowledge to follow
regulations mainly because of inexperience and understaffing.• Poor quality of right-of-way maps.• Arbitrary number of appraisals assigned to one appraiser.• Required contract review process and central office approval causing
months to get appraisals assigned to contract appraisers.• Inadequate time to present written offer to property owners before
condemnation.
Outsourcing ROW Functions
• Appraisals• Rapport with property owners• Experience with LPAs• Work load• Costs
Performance Measures• Lead-time too short to enable effective interaction with property
owners and other stakeholders effectively and fairly• Need for a tool to measure quality of work compared to the cost
of delivery in a compressed project development environment• Productivity index that considers factors such as resources,
services, quality, and time• Impact of staff turnover, budget, and training effectiveness• Fairness of using performance measures on overworked right-
of-way agents
Research TasksPhase I:1. Review Project Development and Delivery Practices2. Analyze Existing Right-of-Way Development and Delivery3. Prepare Phase I Interim Report
Phase II:4. Analyze Key Project Development and Delivery Activities5. Develop Integrated Right-of-Way and Project Development and
Delivery Model6. Develop Best Practices for Property Management7. Prepare and Conduct Peer Exchange8. Develop Training Materials9. Prepare Preliminary Draft Final Report10. Prepare Draft Final Report
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Questions?
• For additional information:– Cesar Quiroga– Email: [email protected]– Phone: 210-979-9411
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