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					                ROW Process for State Funded Projects
    UPDATE: CT, OR

                                    Requested by: Utah
                             Survey Deadline: October 22, 2007

The state of Utah is evaluating whether to create a separate Right of Way acquisition process
for state funded projects.

   1. Does your state have separate processes that differ based upon the source of funding?

   2. If yes, could you please provide source material (statutory authority, process
      documentation, brochures, etc.) for the state funded process?

   3. If yes to #1 above, could you please provide the name and contact info for the subject
      matter expert on state only funded ROW acquisitions?

Thank you for your assistance!


Lyle D. McMillan
Director, Right of Way
Utah Department of Transportation
E-mail: lmcmillan@utah.gov

                                          ALABAMA

                                           ALASKA

                                          ARIZONA

                                         ARKANSAS

   1. The Arkansas State Highway and Transportation Department uses the same
      processes in acquiring property for state funded projects except for obtaining
      authority from FHWA.

   2. N/A

   3. N/A

                                        CALIFORNIA

   1. California does not have a separate process.

   2. N/A
3. N/A

                                      COLORADO

                                    CONNECTICUT

1. Connecticut doesn’t have a separate process except for obtaining FHWA approval.

2. N/A

3. N/A

                                      DELAWARE

                               DISTRICT OF COLUMBIA

                                       FLORIDA

FDOT's executive board has directed that we pilot test a non-federal aid right of way
acquisition process. We have developed procedures for acquisition and appraisal. The
changes to the relocation process require a Florida Administrative Code rule change.
We have the relocation rule in draft. We requested each of our eight district offices to
propose a pilot project to be conducted as a fully state funded project under our non-
federal procedures. The first pilot project is currently in the valuation stage. Other
projects will be starting in the next few months. I have attached the pertinent Appraisal
and Acquisition sections of our Non-federal Aid Right of Way Manual and the draft
relocation rule. I have also bulleted the principle aspects of our non-federal process.

Appraisal

    No appraisal or review required for parcels with cost estimates of $100,000 or less.
    Only administrative review required for the majority of appraisals.

Acquisition

    Pre-offer contacts with every property owner to determine the owner's estimate of
    value for their parcel, the owner's expectations of the process, any special needs the
    owner may have and any other information that may be helpful to FDOT when
    establishing the offer amount.

    The right of way agent will be authorized during the pre-offer contact to enter into
    purchase agreements for the purchase of the parcel. For amounts up to $20,000 the
    agent will authorized to enter into a binding agreement. For amounts exceeding
    $20,000 the agreement must be contingent on management approval.
    Initial offers will be "Best Offers". Best offers for parcels with cost estimates of
    $100,000 or less for which no appraisal is obtained will be set by the District Right of
    Way Manager based on: Input from right of way experts in appraisal, negotiations,
    eminent domain and business damages; Information from pre-offer contacts; Historic
    settlement data; Historic cost data; Administrative settlement considerations and
    other pertinent factors unique to the parcel. For parcels above $100,000 with
    appraisals, the best offer determination will include the appraisal in addition to the
    above considerations.

Relocation

    Move costs will be paid to all relocatees. Move costs will be reimbursed based on
    commercial move estimates for businesses. For residential owners and tenants
    move costs will be based on a room schedule. If a residential relocatee can show a
    hardship justifying an amount greater than the schedule, actual move cost will be
    reimbursed based on a commercial move estimate.

    Replacement housing payments for residential owners will be replaced with a move
    incentive. The incentive amount will be based on historic replacement housing
    benefits paid by FDOT. There will be no eligibility requirements other than current
    residence and there will be no purchase and occupy requirement. Move incentives
    will be paid in full up to 30 days after FDOT's legal possession of the property. After
    30 days from title transfer the incentive will depreciate on a daily basis for 60 days.
    If the owner occupant has not moved by the 90th day after title transfer no incentive
    will be paid and the owner occupant will receive move costs only.

    Replacement housing payments for residential tenants will be replaced with a move
    incentive. The incentive amount will be based on historic rent supplements paid by
    FDOT. There will be no eligibility requirements other than current residence and
    there will be no rent and occupy requirement. Move incentives will be paid in full up
    to the date FDOT takes legal possession of the property. After title transfer the
    incentive will depreciate on a daily basis for 60 days. If the tenant has not moved by
    the 60th day after title transfer no incentive will be paid and the tenant will receive
    move costs only.



    non-federal rule.doc   Section 7.2   Section 6.1
                           Non-FA.doc    Non-FA.doc


If you would like more information or if you have questions please feel free to contact
me.

Kenneth Grimes
Deputy Right of Way Manager
Central Office Right of Way
Phone: (850) 414-4607
kenneth.grimes@dot.state.fl.us
                                        GEORGIA

                                         HAWAII

                                         IDAHO

                                        ILLINOIS

1. It is Illinois policy to follow federal guidelines for ROW regardless of funding source.
   We do the vast majority of ROW acquisitions with “state only” funding even when
   federal funding is a part of other phases of the project. The one area that we
   occasionally deviate is on advanced acquisitions using state only funding.

2. N/A

3. N/A

                                        INDIANA

                                          IOWA

1. The Iowa DOT uses the same process for state funded and federally funded projects.

2. N/A

3. N/A

                                        KANSAS

                                       KENTUCKY

                                       LOUISIANA

1. Louisiana DOTD's right-of-way acquisition process is the same for both state and
   federal funded projects.

2. N/A

3. N/A

                                         MAINE

                                      MARYLAND
                                  MASSACHUSETTS

1. In Massachusetts the process is the same except of course on state funded projects
   FHWA participation is not requested.

2. N/A

3. N/A

                                       MICHIGAN

1. Michigan does not have a separate process for state funded projects. All properties
   are purchased using the federal process. It has been our experience that intended
   state only funded projects often times become federally funded projects at some
   point in the development process. By purchasing everything through the federal
   process, we avoid any difficulties. Additionally, we have some statutory issues
   involving Kelo related legislation that makes it easier to purchase using the federal
   process.

2. N/A

3. N/A

                                      MINNESOTA

1. No. Mn/DOT follows the federal process when acquiring right of way.

2. N/A

3. N/A

                                      MISSISSIPPI

Our state statutes for acquisition & relocation are almost carbon copies of the provisions
of the Uniform Act, so we handle everything the same. I’m sure you are aware that
FHWA takes the position that if a road is to be taken over as a part of the Interstate
system or the US highway system, then the state must have followed the provisions of
the Uniform Act in completing the right of way process.

                                       MISSOURI

1. MoDOT utilizes the same ROW acquisition process for both state funded and
   federally funded projects.

2. N/A

3. N/A
                                       MONTANA

                                       NEBRASKA

1. No, we do not have a separate process. We use the same process regardless of
   funding.

2. N/A

3. N/A

                                        NEVADA

                                   NEW HAMPSHIRE

1. No.

2. N/A

3. N/A

                                      NEW JERSEY

                                      NEW MEXICO

                                       NEW YORK

1. Yes, we do have a difference concerning deposits for 100% state funded projects as
   compared to federal funded projects.

2. New York State's Eminent Domain Procedure Law (EDPL) section 304 E (2) allows
   for deposit to meet construction contract letting when the project has federal funding
   (but not with 100% state funded project).

    EDPL section 304 E (2): "... Notwithstanding any other provision of law to the
    contrary, if such an acquisition is being made for a federally-aided project and the
    condemner determines it necessary to deposit the amount of the highest appraised
    value without delay in order to proceed with the letting of a construction contract and
    to comply with federal laws, rules and regulations, the condemner may request the
    comptroller to make the deposit herein provided at any time subsequent to the
    vesting of title in the state of New York and provided an offer of payment in full or as
    an advance payment has been made to the owner..."

3. N/A

                                   NORTH CAROLINA
                                    NORTH DAKOTA

1. North Dakota does not have separate processes that differ based upon the source of
   funding.

2. N/A

3. N/A

                                          OHIO

1. Ohio DOT does not have a separate process for state only funded R/W purchases.

2. N/A

3. N/A

                                      OKLAHOMA

1. Oklahoma utilizes the same process for the acquisition of right-of-way & relocation of
   displacees regardless of the funding source for the project.

2. N/A

3. N/A

                                        OREGON

1. Oregon uses the same process regardless of funding source. We want the flexibility
   to “federalize” the funding at any point in the process. State law also dictates the all
   public acquisitions be “guided” by the Uniform Act. The Oregon Department of
   Justice has advised us that this language essentially requires public entities in
   Oregon to follow the UA.

2. N/A

2. N/A

                                    PENNSYLVANIA

1. No. We do not have a separate process but we do allow the use of “Authorizations
   to Enter” when using 100% State funding for a project.

2. N/A

3. N/A

                                     PUERTO RICO
                                  RHODE ISLAND

                                SOUTH CAROLINA

1. No, at one time SC did have a different process, but as state funding dried up and
   we wanted to convert some of the projects to Federal, there were problems that we
   could not correct.
2. No longer have them.

3. N/A

                                   SOUTH DAKOTA

1. No.

2. N/A

3. N/A

                                      TENNESEE

                                        TEXAS

                                        UTAH

                                      VERMONT

                                       VIRGINIA

                                    WASHINGTON

1. No, and we discourage local agencies from having two processes but many of them
   do.

2. N/A

3. N/A

                                   WEST VIRGINIA

1. WV`s procedures are the same for all projects regardless of funding.

2. N/A

3. N/A

                                     WISCONSIN

                                      WYOMING

				
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