Presentation on theme: "Brett A. Shearer, Right of Way Specialist ODOT Central Office"— Presentation transcript:
1Welcome to the Right of Way Plan Development Pre-Qualification Training
2Brett A. Shearer, Right of Way Specialist ODOT Central Office Worked for ODOT for over 20 years1987 Attended University of Akron in Drafting and Survey Tech.1989 Draftsmen in District 3, Production and Survey1994 Survey Technician in Aerial Engineering1995 R/W Plan Specialist in the Office of Real Estate2000 R/W Plan Specialist in the Office of Production
3Right of Way Plan Development Pre-Qualification Instructors:Dave Dicke, ODOT District 2 READoug Raters, P.E. ODOT District 8 REAMike Ware, P.S. ODOT Office of ProductionJim Kenyon, P.S. ODOT District 3 SOMJohn Messmore, P.S. ODOT District 4
4Welcome & Introduction Sign In SheetYou MUST sign in each morning in order to receive your certificateLocation of RestroomsLocation of Cafeteria and RestaurantsSmoking areasSome slides will be difficult to readPlease hold Questions to the end of speaker’s presentation
5Right of Way Plan Development Training Manual Course AgendaTable of ContentsBiography for each speakerPower Point Slide showAppendicesCPD CreditsR/W Plan Manual Sections 3100, 3200 & 3300QuizzesWill be given after the morning and afternoon sessionsQuizzes must be turned in, to receive your certificate
6Objectives of this Course Explain the R/W Pre-Qualification ProcessWhy R/W Plans are necessaryWho are the users of the R/W PlansProject Development Process (PDP) for R/W PlansScope of Services Document & R/W AttachmentRecords Research for ODOT R/W PlansField Surveying for R/W PlansBoundary Resolution Related to R/W PlansEstablishing the Existing Road R/W
7Objectives of this Course R/W Base Map PreparationEstablish & Design the Proposed R/W LimitsInnovative design ideas to save R/W costsStandard R/W Plan FormatStandard R/W Plan SheetsR/W Plan Review ProcessWhat happens to the R/W PlansQuality Control
8R/W Pre-Qualification Process Consulting Firms requesting or desiring to maintain prequalification in R/W Plan Development must have on permanent staff:Right of Way Plan DesignerMust be under the direct supervision of a P.S. registered in OhioRight of Way Plan ReviewerMUST be a P.S. registered in OhioResponsible for signing and sealing all appropriate R/W documents
9R/W Pre-Qualification Process Right of Way Plan Designer and Right of Way Plan Reviewer CANNOT be the same individual on any project.The Right of Way Plan Designer can be a P.S. however, the Right of Way Plan Reviewer must also be a P.S. and must be someone other than the Right of Way Designer
10R/W Pre-Qualification Process R/W Plan Designer Requirements and Responsibility:Experience in R/W Plan Development on projects comprising a total of ten (10) or more parcelsActive involvement in R/W Plan Development within the past five (5) yearsSuccessful completion of this courseCourthouse Research Experience (Road R/W and Deeds)Experience and knowledge of the ODOT Right of Way Plan ManualExperience and knowledge of the ODOT CADD Engineering Standards Manual
11R/W Pre-Qualification Process R/W Plan Reviewer Requirements and Responsibility :Professional Surveyor registered in the State of OhioTwo (2) years experience in developing public R/W plans comprising a total of twenty (20) or more parcelsActive involvement in R/W Plan Development within the past five (5) yearsSuccessful completion of this course
12R/W Pre-Qualification Process R/W Plan Reviewer Requirements and Responsibility:Establishing and Setting Boundary MonumentationInvestigating and Establishing Property LinesCheck and Verify Accuracy of Computations, Plans and Legal Descriptions, Insuring Items are Correct, Current, Complete and Conform to County Requirements & ManualsEvaluate Overall R/W Plan and Legal Descriptions for Quality and Consistency with Construction Plans
13Firms requesting Prequalification Submittal RequirementsSubmit Resumes of R/W Plan Designer and ReviewerSummarizing their experienceListing all the R/W projects they have worked on andHighlighting their direct responsibilitiesSubmit approved/completed right of way plans prepared by the Designer and checked by the Reviewer current within past 5 years (Initial Submittal Only)Submit county approved (or recorded) legal descriptions prepared, signed and sealed by the Reviewer current within past 5 years (Initial Submittal Only)
14Things to keep in mind when applying R/W Plan Development includes the performance of:Deed/property rights research (Courthouse, Engineer’s Office)The practice of Boundary SurveysThe practice of Topographic SurveysComputation of both Existing and Proposed Road R/WPreparation of R/W Plans based on ODOT or similar standardsPreparation of Legal Descriptions following bothODOT standardsCounty recording and conveyance requirementsClosure reports for each description
15Submit application/resume/approved plans to: Dan KrajcovicODOT Office of Consultant Services1980 West Broad Street, 1st FloorColumbus, Ohio 43323
16Getting prequalified if you DO NOT have ODOT R/W Plan experience? Submit any road right of way plans prepared in the past five (5) years. (highlight this work)ORSubmit any subdivision plats prepared in the past five (5) years that include road right of way work/dedicated road right of way (highlight this work)Submit any LPA roadway work in the past five (5) years that involved the establishment of road right of way and property lines (highlight this work)These plans will be taken into consideration
18David T. Dicke Real Estate Administrator ODOT D-2 Bowling Green Bio: BS The Ohio State University Real Estate and Urban Development years with ODOT R/W appraisal/review, acquisition agent, project manager, project and plan compliance reviewer. Licensed General appraiser, realtor, and consultant.
19My presentation will: Outline a brief history of Eminent Domain Discuss the current E.D. issuesRelate those cases to ODOT and youIdentify why your role is so importantIdentify those who depend on your work
20History- Real Estate and Eminent Domain Webster: The right of a government to take or control property for public useFirst Recorded Case B.C. Naboth’s vineyardEarly Colonies – trading with the IndiansAmerican Revolution- army needing food and shelterState, County, highway programs up to the 1950’sEisenhower’s Federal Highway program 1953
21History of Federal Condemnation Law leading to the current Uniform Act.US Constitution Ratified: 1788First 10 Amendments Passed: 17895th Amendment U.S. Constitution“No person shall be held to answer for a capital, or otherwise infamous crime, …nor be deprived of life, liberty, or property, Without due process of law; nor shall private property be taken for public use without just compensation.”
22Federal Laws & Regulations Uniform Relocation Assistance & Real Property Acquisition Policies Act introduced in 1970 as a result of Hearings by Congressman BlatnickBrings uniformity to a series of fragmented laws on acquisitionStop abuse perpetuated by unscrupulous people and practices begun in development of interstate system
23Uniform Act passed by US Congress 1/2/71 Uniform Act passed by US Congress 1/2/71. The law is called the Uniform Relocation and Real Property Acquisition Policies Act. Code of Federal Regulations 49 CFR 24. subpart B for Real Property Acquisition and Part C for General Relocation Requirements. The codes amplify the Uniform Act and give more direction to an agency for carrying out the law. State Governments must establish lead agencies. ORC – Ohio Administrative Code create State law and policy. And the Governor named ODOT to be the lead agency. Section 19, Article I, Ohio Constitution “…When taken … for the purpose of making or repairing roads, which shall be open to the public, without charge, a compensation shall be made to the owner, in money…”
24Federal policy transfers monitoring and compliance responsibility to the State and thus to ODOT as Lead Agency.ODOT has created a manual of the procedures to design for and to acquire right of way as the lead agency. This manual has been reviewed and approved by ODOT legal counsel and the Federal Highway administration. The manual is now the lead agency's official approved procedure. This manual is an ever changing document that must, by Federal policy and State law, be updated regularly.This manual shall be followed by any agency, acquiring for highway purposes, having the power of eminent domain. Regardless of the funding source of the project. ODOT is convinced, based on the current laws and codes, that as lead agency, ODOT P&P must be followed.Unless the acquiring agency has created their own procedure that has been approved by ODOT, and FHWA where federal funds are involved in any phase of the project.
25Today Land acquisition by eminent domain is most often thought of in terms relating to highway projects. However recent public forum trials have focused on its use for new development of private or semi private commercial enterprise. Kelo v. New London US Supreme Court ruling City of Norwood v. Horney Ohio Supreme Court seemingly opposing rulings on similar facts
27Kelo v. City of New London Application to facts“City of New London is endeavoring to coordinate a variety of commercial, residential, and recreational uses of land, with the hope that they will form a whole greater than the sum of its parts.”Holding“Given the comprehensive character of the plan, the thorough deliberation that preceded its adoption, and the limited scope of our review…to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan. Because, that plan unquestionably serves a public purpose, the takings challenged here satisfy the public use requirement of the Fifth Amendment.”
28Kelo v. City of New London “We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.”
29Kennedy, concurring – “A court confronted with a plausible accusation of impermissible favoritism to private parties should treat the objection as a serious one and review the record to see if it has merit.”
30“…the government's pursuit of a public purpose will often benefit individual private parties…We cannot say that public ownership is the sole method of promoting the public purposes of community redevelopment projects.” See, Midkiff, Monsanto, Berman
31In OHIO City of Norwood v. Horney In 2002 the developer sought to redevelop 12 acre area of residential homes into retail stores and office space (i.e., “Rookwood Exchange”) adjacent to existing shopping, retail, and business center (i.e., Rookwood Commons, Rookwood Pavilion and Rookwood Tower); developer was successful in acquiring all but five propertiesAug. 2003, City passed ordinance to appropriate remaining homes as area was “deteriorating” as term was defined within City Code
33City of Norwood v. Horney “Although economic factors may be considered in determining whether private property may be appropriated, the fact that the appropriation would provide an economic benefit to the government and community, standing alone, does not satisfy the public-use requirement of Section 19, Article I of the Ohio Constitution.” Norwood v. Horney, 110 Ohio St.3d 353But recall Kelo: “…the government's pursuit of a public purpose will often benefit individual private parties…We cannot say that public ownership is the sole method of promoting the public purposes of community redevelopment projects.”
34The outcome in NorwoodObjecting home owners had moved out. The Gambles were the last to move onAs a result of the Ohio Supreme Court ruling, their keys were returnedOwners have sold all parcels to the developer for his plan at very high prices.Spring 2009 construction to begin
35The Power Of Eminent Domain Is Immense Agencies are often perceived as abusing their power when using it.There is a blatant public dislike of eminent domain evidenced by these recent high profile trials.Governmental Agencies Must:Deal honestly and openly and follow procedures with equality.
36Kelo v. City of New London “We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.” Justice Kennedy. This statement has been the catalyst for states to examine their current policy and laws regarding the use of eminent domain on all levels. Ohio Legislature created a Task Force to study the issues. From that SB7 was enacted changing ORC section 163.
37What does all this have to do with me and this class? A policy and procedure is in place for ODOT projects from inception to project completion. That policy continues to change and be updated as a result of various reasons.This P&P includes the preparation of r/w plans.When r/w is needed your plan becomes the foundation to which the acquisition process is built. Eminent domain may be used to conclude the process.The accuracy and considered concept of the plan is essential or the acquisition process may fail.As eminent domain remains a focal public issue the need for the accuracy of the plan and concept is amplified.
38Users of R/W Plans Title Agents Appraisers and Reviewers Acquisition AgentsRelocation AgentsProperty OwnersAttorneysSurveyors
39Users of R/W Plans Real Estate Agents Future Right of Way Plan DesignersCounty AuditorsCounty EngineersCity Engineers/Service DirectorsAssistant Attorney General Attorneys
40R/W parcel Costs Are Increasing! FY Parcels; $65M = $ 35,270 / EachFY Parcels; $61.6M = $120,465 / EachFY Parcels; $71.8M = $ 43,240 / EachD-2 HEN/LUC 24estimate:275 parcels: $33.5 M = $121,800 / EachFY Parcels; $69.6M = $46,800/ EachFY Parcels; $71.0M = $59,700/ EachThis doesn’t include labor, overhead, legal, env. test removal, razing which could add from 7K to 12KPer parcel or another $10.0M to $17.0M per year.
41Other Data Appropriations Prior to % Appropriated, 2% to trialTo date up to 16% Appropriated, +/-3% to trialOut Source acquired up to 20% AppropriatedMany LPA projects are managed by less experienced staff which can lead to higher costs more appropriation cases and increased public mistrust.
42Why Are Costs So High?Projects in urban settings as we redesign old roadsPublicity of Kelo, Norwood and other E.D. casesSophisticated sellers / owners / lawyersSophisticated appraisals, noting negative effectsProperty owners appraisers don’t always use the same rules in preparing reports. And are not subject to review prior to becoming evidence.Zoning issues - Locals not as cooperativeAccess management designed into plansMistrust of Government & Its AgentsOutsourced Projects - Profit Motive
43How To Reduce Costs Early Involvement of R/W Professionals During conceptual design seek r/w inputFollow P&P Manual, get guidance on questions ASAPPlan for avoidance-Consider in early budgetsInvolve locals early Re: RestrictionsSet Realistic Time LinesStart Acquisition ASAP - IT TAKES TIME!
44WHY?Costs are staggering which is impacting ODOT’s budget and ability to deliver projectsIf we don’t, as leaders in the industry, Legislation and court rulings will change our process, increase costs, which reduces funds available to build improvements for the taxpayers we serve.$ for $ - Money saved on reducing the need for R/W acquisitions can be spent on more projects!
45How Do You Feel About Eminent Domain? “E.D and Me” Who’s bought real estate in the last 10 yearsWho sold to State or other Government under the threat of eminent domain?ODOT-Buys like everyone elseExcept that as the seller you have no choice but to sell.Audience participation: Can you Relate?
46Who’s Bought that Favorite Car Maybe a Little Red Corvette!
47You cut the best deal, you drive it proudly You cut the best deal, you drive it proudly. You park it and come back to find the window smashed, the stereo stolen or even worse someone has “Keyed” the flawless paint. Has this happened to you?
52Doug Raters, P.E. Real Estate Administrator ODOT D-8 Lebanon grad- Univ. of Cincinnati, BS- Civil Engineering EIT program- ODOT Design Engineer in Dist.8 Real Estate Section Became Registered Professional Engineer- State of Ohio Became District 8 Real Estate Administrator Feb-2007: Completed 20th year with ODOT
53ODOT’s Project Development Process PDP Objectives3 Project LevelsSteps within the LevelsCorresponding Right of Way Activitiesand Section 1400 Location and Design Manual
54Project Development Process Objectives:Increase communication among disciplines.Systematic documentation to eliminate duplication of efforts.Early participation from all disciplines.Better manage scope, schedule and budget.Improve plan quality.
55PDP - Three Project Levels Major Project Level StepsMIS, corridor type projects, complex design work, large amounts of ROW, New highway on new location. (Typically EIS, EA or higher level CE projects.)Minor Project Level – 10 StepsBridge replacements, resurfacing (with drainage), and safety projects. Projects may include ROW, utility relocations. (Typically lower level CE’s.)Minimal Project Level – 5 Steps(No Right of Way plans involved)(Exempt projects)
59PDP Steps/Section 1400 of L&D Manual Obtain survey data and aerial mappingDevelop new/existing alignments to avoid/minimize red flags.Research centerline of Right of Way
60PDP Steps/Section 1400 of L&D Manual Find existing centerline/R/W monumentsEstablish centerline of ex. Right of WayEvaluate access that may produce LL par.Determine conceptual construction limits.Obtain tax map/ownership data.Determine types/existing R/W limitsIdentify possible total takes and relocations.MAJORMINOR
61PDP Steps/Section 1400 of L&D Manual Finalize construction limits.Determine proposed R/W lines, easement or deed, channel, temps, etc.Contact property owners for UG itemsReevaluate total takes/relocations, etc.MAJORMINOR
62PDP Steps/Section 1400 of L&D Manual Determine if MOT will require additional right of way.Identify removal items in prop. R/W.Refine const. limits.Conduct title and deed research.Determine: property line locations, proposed R/W lines, encroachments, and total take, commercial and residential relocations.MAJORMINOR
65Project Development Process— Scope of Services (SOS) Pre-scope Meeting:ODOT District meeting with all pertinent internal personnel.Specifically define project scope using PDP.SOS Meeting:Includes consultants and subs.ALL ODOT disciplines.Redefine project requirements to finalize scope.Q & A and clarification.Project Schedule.
74Right-of-Way issues not covered in the Manual (highlighted in BLACK) RIGHT OF WAY ATTACHMENTEXTENT OF FIELD SURVEYS - ADDITIONAL REQUIREMENTS:Right of way lines and property lines shall be located based on requirements specified in Chapter of the Ohio Revised Administrative Code (Board Rules) governed by regulations outlined in Chapter 4733, Ohio Revised Code (Regulation Laws) and in accordance with any special requirements of the county(s) in which the project is located.All topographic features (refer to Section , of the Real Estate Policies and Procedures Manual) within 100 feet either side of the proposed right of way shall be accurately located and identified.Underground facilities, to include, but not limited to, storage tanks, septic tanks/systems, leach beds, utilities, including service lines in accordance with Section ORC) drain pipes and exposed field tiles shall be located and identified as to the size and type.The consultant shall complete and submit an RE-75 Utility Reporting Form to the District Production Administrator at the time of filing for LG & T approval.Special attention shall be given to any commercial/industrial property having underground storage tanks in current use or which may have previously utilized underground storage tanks, e.g. service stations, print shops, dry cleaners, etc., to identify any potential environmental concerns.The above described topographic features, utilities (See Utility Section, Scope of Services), underground facilities and special attention items shall be shown on the preliminary Right of Way plan submittal.ODOT’s Project Development ProcessIncluded as an attachment to every scope involving R/W is the Right-of-way attachment.Right-of-Way issues not covered in the Manual (highlighted in BLACK)
75Right-of-Way issues not covered in the Manual ODOT’s Project Development ProcessIf authorized, staking/flagging of the proposed permanent/temporary Right of Way for appraisal/negotiation shall be done by the Consultant upon the request and instruction of the District Real Estate Administrator. The Consultant will then have ten (10) working days after the request to perform the work and certify, in writing, the work complete to the District. When performing this work, the consultant shall set wood hubs and lathe stakes every 250 feet and/or change in direction in the proposed Right of Way, marked with permanent marker, by station and type (WD, Temp, CH, etc.) with separate color flagging for each type.Included as an attachment to every scope involving R/W is the Right-of-way attachment.Right-of-Way issues not covered in the Manual
76Right-of-Way issues not covered in the Manual (highlighted in BLACK) ODOT’s Project Development ProcessThe consultant shall utilize property ownership data for Right of Way plan development based on a search of county records (See Title Report) conducted no more than six (6) months prior to the preliminary Right of Way plan submittal. The Consultant shall submit copies to the District Real Estate Office of each property owner’s record deed transferring title to that owner with the preliminary Right of Way plan (Stage 2 Review). In cases where partial title interest is conveyed, copies of any supplemental documents required to delineate property lines and title shall also be submitted. A report, if needed, identifying any title defects encountered for the affected parcels should be included with the deed copies. This submittal should also include all applicable tax maps and Auditor cards.In addition, no more than fifteen (15) days prior to submission of the final Right of Way tracings, the property ownership data shall be checked and verified. Copies of the deeds for any new ownership transactions that impact the project shall be submitted to the District Real Estate Office. An in-depth field review of the project should also be conducted within this fifteen (15) day period to assure that no topographic features; structures and/or utilities have been changed or omitted. The Right of Way plan and descriptions should be revised to accurately reflect the above information. The submittal letter should contain the actual dates that the ownership data and topography were checked and verified.The Consultant shall submit with the Final Right of Way review plan the Coordinate Geometry Data for all alignment(s) points and parcel corner points in a comma delimitated ASCII file format (Pt. No., North, East) along with a copy of the plan with the point numbers identified to the location they represent.After ODOT’s review and approval, the Consultant shall be responsible for obtaining the final approval of the centerline survey plat from the appropriate County official(s). The Consultant shall then be responsible for recording the approved centerline plat (including providing the recording fee) in the appropriate County(s) office. The approval and recording shall take place before the submission of the final Right of Way tracings. The original recording plat must then be submitted to the District with the final R/W tracings.Included as an attachment to every scope involving R/W is the Right-of-way attachment.Right-of-Way issues not covered in the Manual (highlighted in BLACK)
77John Messmore, P.S. ODOT District 4 John has been with ODOT for 6 years and this is the 6th year as a presenter for the Right of Way Pre-Qualification course.John obtain a B.S. in Surveying and Mapping from the University of Akron in He started his own surveying firm in 2000 and has been a part-time instructor of the surveying courses at the University of Akron.
78Records Research - Section 3104 Existing Right of WayHistory of Ohio RoadsCounty/Township RoadsInter County Highways (ICH)State HighwaysDeed Research/InvestigationOACMisc. Public RecordsZoning RegulationsIf Scoped – ODOT Title ReportWhat is it?Who can prepare?Who benefits?Are there limitations?
79Establishing Existing Road Right of Way History of Ohio RoadsEstablishmentBoard of County CommissionersStatutory DedicationCommon-Law DedicationStatutory Appropriation – Eminent DomainPrescriptive Easement – Similar to Adverse Possession (only easement rights pass)County and Township RoadsEarly Procedure for Road EstablishmentLand Holders Petition the County CommissionersCounty Commissioners made order for laying out roadCurrently governed by ORC 5533This is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
80See Appendix C in the Manual for a complete list GENERAL LAWS OF THE STATE OF OHIO RELATING TO THE WIDTH OF COUNTY ROADSVol. II, page 210It shall be the duty of said Commissioner to order the said road to be opened a necessary width, not exceeding sixty-six feet, and made in respects convenient for the passage of travelers and cause a record therefore to be made which thenceforth shall be deemed a public road. February 17, 1804Vol. XIV, page 226They (the Commissioners) shall order such road to be opened a necessary which not exceeding sixty feet and made in other respects convenient for the passage of travelers and carriages and cause a record thereof to be made, which road thenceforth shall be deemed a public highway. February 16, 1816See Appendix C in the Manual for a complete list
81History of Ohio Roads (Continued) Special circumstances to be aware ofRoads were often built in sections rather than their entire length as might be indicated today (possibly creating different R/W widths)Road names changeCounty Commissioners have the legal authority to change, alter and vacate roadsRoads relocated but R/W never vacatedThis is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
82History of Ohio Roads (Continued) Inter County Highway System (I.C.H.)The Department of Highways was created in 1904, later became Ohio Department of Transportation.Object and purpose of the Department was to instruct, assist and co-operate in the building and improvement of PUBLIC ROADS. State Routes as we know them did not exist at this timeIn 1911 the State legislature created the Inter County Highway System(I.C.H.)All counties were required to create accurate roadway mapsMaps were submitted to the State Highway CommissionerHighway Commissioner selected county roads that connected to adjoining county roads to create “as near as practicable continuous” Inter County Highway SystemThis is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
83History of Ohio Roads (Continued) Inter County Highway System (I.C.H.)Counties made improvements to the roads selected by the Highway Commissioner under the supervision of the Department of HighwaysState paid Counties for improvements, then took over maintenance and Right of Way of former County RoadsCounty Commissioners certified to the State the width of the Right of Way. This information is usually on the cover sheet for the I.C.H. plansSome County Commissioners’ Journals will contain information from public meetings concerning I.C.H. Routes and the Right of Way obtained or verified by the County Surveyor/EngineerThis is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
84We the commissioners of Wayne County hereby approve these plans and certify that the right-of-way 60 feet wide is available for the construction of the above road.This is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
85History of Ohio Roads (Continued) Other sources for establishing existing R/W limits and widthsExisting Right of Way Plan (the latest) (may be a combination of several plans)Old Construction Plans (1940’s and earlier) R/W in planOnline PlatsThis is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
91Deed Research/Investigation OACCurrent Ownership DeedsCheck for full ownership, possibly more than one ownerQuit Claim DeedsCourt Documents / Clerk of CourtsRecorded EasementsOil, Gas and Coal rightsUtilities rightsIngress and Egress rights
92Deed Research/Investigation (Continued) Misc. Public RecordsGovernment SurveysPrivate surveysRecorded SubdivisionsTax Maps, Auditors Parcel NumbersHealth Department (Septic Systems and Wells)ODNR Oil and Gas Well Logs
93Deed Research/Investigation (Continued) Zoning InformationLocal or County Zoning BoardsZoning ClassificationSet Back InformationSome deeds may also contain restrictions on the property they describeRecorded Subdivision Plats often have restriction on the plat or recorded as a separate documentCondominium and/or home owner associations restrictionsThis is a critical step to make sure you have ALL the information you need to establish existing R/W. Don’t assume you got all you needed from the scope of services meeting. Check your ODOT district office and local county Engineer for more plans.
94ODOT Title Reports What is it? The ODOT title report provides evidence supporting the ownership of the legal description being acquired for the highway project. This evidence is assembled in a title report and the documentation supporting this evidence is attached to the title report.The evidence supporting the interrelationship of ownership and legal description is inserted into the Title Report [form RE 46] and the Title Chain [form RE 46-1]. Also attached to these forms is the appropriate documentation (mortgages, easements, taxes, leases, mineral rights, liens and encumbrances) that supports what was stated by the title agent in the Title Report and Title Chain.
95ODOT Title Reports (Continued) Who Can Prepare?Consultants performing any type of title function must be pre qualified with the Ohio Department of Transportation: Go to:R/W Consultant Services List of Pre Qualified ConsultantsTitle Reports must meet the requirements of Section 5100 of ODOT’s Real Estate Manual.
96ODOT Title Reports (Continued) What Are The Benefits?Accurate and updated ownership names.Verification of recorded easements, their location and effect on taking.Saves time at the beginning of acquisition process.
97ODOT Title Reports (Continued) What Are The Limitations?Root title (42 year) may not satisfy OACTitle for taking (parcel) only. May not include entire contiguous ownership.Permanent parcel number(s) given for takings (parcels) only.No determination if auditor’s area excludes P.R.O.Unrecorded easements not determined.Plat restrictions not identified.