Right of Way Acquisition Process

Jesse W. Smith

Right of Way Manager

Right of Way Project Flow

District Actions Prior to HQ RW

• Concept and preliminary design

• Initial property owner contact

• Final design and plans review

• Submit RW plans to HQs for final approval

Titles

• Reviews and approves RW plans and processes revisions

• Acquires RW from state and federal agencies

• Prepares legal documents

• Processes relinquishments

• Provides title research

• Identifies and records ITD Board approved highway

relinquishments

Appraisal

• Coordinates all ITD appraisal activities

• Performs administrative reviews of all appraisals for contract compliance

• Establishes and maintains a list of qualified fee appraisers

Appraisal Review

• Performs all ITD appraisal review activities

• Reviews appraisals for technical execution and compliance

• Recommends Just Compensation

• Coordinates with the Deputy Attorney General for ITD

Acquisition

• Coordinates acquisition activity with Districts• Negotiates acquisitions• Performs final settlement activity before

submitting for condemnation

• Establishes and maintains list of qualified fee negotiators• Contracts with fee negotiators

Condemnation

• Processes condemnation requests from Districts

• Coordinates and assists legal with condemnations

Relocation

• Provides advisory and financial assistance to displaced persons and businesses

• Provides relocation advisory services to LPAs

Procedure Review

• Verifies that payments meet compliance with all laws, rules, and regulations

• Prepares Right of Way certifications

• Assists Districts by providing guidance for LPA projects involving federal funds

• Monitors and reviews LPA projects

Titles

• Processes land and miscellaneous payments

• Records title passing documents

Right of Way’s Final Step

Right of Way Certification is the final step for the Right of Way section:

• Needed land has been acquired• A materials source has been secured• Utilities have been relocated• Displaced home owners and businesses have been

relocated• Environmental clearances have been obtained

LEGAL

EMINENT DOMAIN PROCESS

Scot R. Campbell

Deputy Attorney General

CONDEMNATION PACKAGE RECEIVED FROM RW

• Review package

• Right-of-Way Agent's Diary

• Title Report - Ownership

• Appraisal

• Property description and Condemnation Exhibits (property map)

EMINENT DOMAIN DOCUMENTS

• Draft Summons, Complaint and Lis Pendens

• Serve documents as soon as possible on persons with an interest in the property

• Response from property owner's attorney

POSSESSION

• Required to obtain Right-of-Way Certificate – to go to construction

• Pay $$$ into court or to property owner

LITIGATION PREPARATION Building our Case

• Initial Discovery• Update Appraisal and/or obtain 2nd appraisal

Initial appraisal used by Right-of-Way is generally outdated Just compensation due as of date of possession or Summons

Assemble Team– Experts– Witnesses– ITD employees

• Additional Discovery – Opposing Expert opinions• Depositions• Respond to Discovery

LITIGATION

MEDIATION/SETTLEMENT

• Motions

• Trial Prep

• Trial

• Post trial