PLANNING, PRODUCTION & REAL ESTATE ACQUISITION

Acquiring Contaminated Properties

In past, ODOT has acquired contaminated properties when the amount to be acquired increased◦Laws for government acquisition

New process developed to address acquisition of contaminated sites◦Located in Environmental Site Assessment

Manual, Appendix B and Real Estate Acquisition Manual, Section 5320

Types of SitesAcquisition of entire contaminated site

◦Gas stations◦Dry cleaners

Highly regulated site regardless of ROW◦Superfund◦DERR◦VAP◦Landfills (know or unknown to regulators)

ProcedureDEC notifies District Real Estate

Administrator of contaminated properties that would require additional ESA if ROW changes by IOC◦After Phase II ESA◦During NEPA or after NEPA completed

DEC arranges meeting to discuss course of action for site

Meeting personnelDistrict Environmental CoordinatorDistrict Real Estate AdministratorESA Supervisor, Environmental ServicesAppraisal Unit, Central Office Real EstateChief LegalAttorney General’s OfficeOther appropriate ODOT personnel

Meeting IssuesType & Extent of contaminationBUSTR/OEPA informationESA reports and resultsWould contamination be found without

ODOT project?Would property require remediation

without ODOT project?How would private sector remediate site

Meeting Issues, cont.What is the cost to the site?Would bank loan money to

someone to purchase the site?What property right should be

purchase?How should the property be

appraised?

DecisionsSite Specific course of action

◦How to resolve legal issues◦How to acquire the site◦How the site will be appraised

Remedial Options Report

Remedial Options ReportIs based on what private sector would do

with the siteLetter report

◦Provides short history◦Lists previous ESA investigations, both ODOT

and non-ODOT◦Justification for items considered for estimate◦Estimated remedial cost for private sector

remediation

Mitigating Ownership Issues Under CERCLAEasement

◦Underlying fee owner stays the same◦Obtains control of site

Appropriations◦Filing of court case◦Forcing sale of site through ODOT’s powers of

eminent domain

EXAMPLES

1950 SANBORN

2010 SITE DRAWING

QUESTIONS?