Missouri Department of Transportation Eminent Domain Overview Presented

Missouri Department of Transportation Eminent Domain Overview Presented by – Nathan Briggs

Facts and Figures n n n Mo. DOT acquires approximately 1000 parcels per year Mo. DOT’s Right of Way program is approximately $80 million Mo. DOT’s condemnation rate is approximately 13% - 15%

How Mo. DOT acquires n n The majority of negotiation contacts are made in person A small number of negotiation contacts are done by mail n This may increase as program becomes larger

Tracking Our Progress n Customer Opinion Surveys are sent: n n n After a parcel is payrolled and the check has been sent. After relocation activities are finalized After condemnation activities are complete

Recent Innovations n Handing out appraisals n n Started after an FHWA Peer Review Mediation (non-binding)

Administrative Settlements n Why? n n When? n n n In an attempt to avoid mediation and condemnation. Negotiations are at an impasse Often towards the end of the project How? n n RW Manager writes letter to RW Director RW Manager makes decision based upon recent jury verdicts, county history, etc.

Mo. DOT’s Mediation Process n n An alternative when negotiations are at an impasse and condemnation hasn’t started It has been in place since 1997

How Mediation Works n n n Mo. DOT has previously contracted with a mediator to provide services for this project or county Mo. DOT and the property owner cannot agree Mo. DOT and the property owner agree to enter into mediation

How Mediation Works (cont. ) n n The mediator schedules a mediation session at a neutral location (usually). The mediator begins the session by having an opening dialogue with both Mo. DOT and the property owner n n n Stating what the issues are Stating what the disagreements are Both parties then get split up into separate rooms; the mediator goes back and forth between both parties

How Mediation Works (cont. ) n n If an agreement can be reached, the mediator brings everyone back together to sign a settlement statement If an agreement cannot be reached, the parties agree to disagree and Mo. DOT begins the condemnation process

Facts about Mo. DOT’s Mediation n n Mo. DOT pays all of the cost for mediation Mediation is non-binding; therefore, both parties can agree to disagree at the end of the session Mo. DOT does not have counsel attend only unless the property owner is going to have an attorney present Mediation takes place at a neutral site

Mo. DOT’s Condemnation Process n n Mo. DOT Right of Way and Legal Staff are committed to better communication Before a parcel is condemned, Right of Way and Legal staff will strategize how best to proceed n n n Things to point out Comparable sales Damages

Condemnation in Missouri n n n Circuit Judge signs an Order of Filing that sets the date and time of the hearing Condemnation hearing occurs, Circuit Judge orders the property condemned Circuit Judge appoints three disinterested freeholders to serve as Condemnation Commissioners n Who are these individuals?

Condemnation in Missouri (cont. ) n A condemnation viewing takes place with the appointed commissioners n n n Can occur on the same day as the condemnation hearing Legal and the appropriate Right of Way staff attends An informal viewing of the property that includes Mo. DOT, Property Owner and their counsel, and Condemnation Commissioners

Condemnation in Missouri (cont. ) n n Both Mo. DOT and the Property Owner can state their case to the Condemnation Commissioners After the viewing, Condemnation Commissioners fill out the Report of Commissioners Whatever the Condemnation Commissioners declare the damages to be is what Mo. DOT has to pay into court Mo. DOT and the property owner have the right to file exceptions and proceed to a jury trial

Condemnation in Missouri (cont. ) n n n Mo. DOT takes possession of unimproved property 10 days after commissioner’s award has been paid into court (30 days for improved properties) Mo. DOT can settle with the property owner up until the jury trial 1% of all parcels proceed to the jury trial stage

What’s on Mo. DOT’s Horizon? n n Missouri is a strong property rights state at present Last couple legislative sessions have seen eminent domain legislation that would include the paying of attorney fees

Questions?