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Right of Way Acquisition Process Jesse W. Smith Right of Way Manager.

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Presentation on theme: "Right of Way Acquisition Process Jesse W. Smith Right of Way Manager."— Presentation transcript:

1 Right of Way Acquisition Process Jesse W. Smith Right of Way Manager

2 Right of Way Project Flow

3 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

4 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

5 Appraisal Coordinates all ITD appraisal activities Performs administrative reviews of all appraisals for contract compliance Establishes and maintains a list of qualified fee appraisers

6 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

7 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

8 Condemnation Processes condemnation requests from Districts Coordinates and assists legal with condemnations

9 Relocation Provides advisory and financial assistance to displaced persons and businesses Provides relocation advisory services to LPAs

10 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

11 Titles Processes land and miscellaneous payments Records title passing documents

12 Right of Ways 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

13 LEGAL EMINENT DOMAIN PROCESS Scot R. Campbell Deputy Attorney General

14 CONDEMNATION PACKAGE RECEIVED FROM RW Review package Right-of-Way Agent's Diary Title Report - Ownership Appraisal Property description and Condemnation Exhibits (property map)

15 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

16 POSSESSION Required to obtain Right-of-Way Certificate – to go to construction Pay $$$ into court or to property owner

17 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

18 LITIGATION MEDIATION/SETTLEMENT Motions Trial Prep Trial Post trial

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