Streamlining Acquisition and Utility Processes in Eminent Domain

Streamlining Acquisition and Utility Processes in Eminent Domain: Report of 2008 Right-of-Way and Utilities International Scanning Tour Federal Agency Update Las Vegas, Nevada January 28, 2010 Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Scan Motivation n n Effective transportation is essential for the economic strength of society Most projects require some property acquisitions or impact utility facilities Right-of-Way and Utilities International Scanning Tour - 2008

Scan Goals and Objectives n International Scan Goal q n Explore innovative practices to better integrate ROW / Utility processes with Planning, Environmental analysis and design International Scan Objectives q Explore and analyze: n n n n Alternative project delivery methods Long-range planning process Design process Environmental process Utility property right acquisition and accommodation Right-of-way property asset management strategies Project team, training, and professional development strategies Right-of-Way and Utilities International Scanning Tour - 2008

Team Members: n Federal Highway Administration (FHWA) q q q n Gerry Solomon, Headquarters FHWA Jeff Zaharewicz, Headquarters FHWA Dan Mathis, FHWA Washington State Division American Association of State Highway and Transportation Officials (AASHTO) q q Bimla Rhinehart, California DOT Gary Fawver, Pennsylvania DOT Ray Lorello, Ohio DOT John Campbell, Texas DOT Right-of-Way and Utilities International Scanning Tour - 2008

Team Members (continued): n Private Sector q q n Nick Zembillas, TBE Group Ben Ward, PBS&J Engineering Report Facilitator q Cesar Quiroga, Texas Transportation Institute Right-of-Way and Utilities International Scanning Tour - 2008

Where We Went Right-of-Way and Utilities International Scanning Tour - 2008

Australia and Canada n New South Wales (NSW) q n Queensland q n Roads Corporation (Vic. Roads) – Melbourne Alberta q n Department for Transport, Energy, and Infrastructure (DTEI) Adelaide Victoria q n Queensland Department of Main Roads – Brisbane South Australia q n Road and Traffic Authority (RTA) – Sydney Alberta Transportation – Edmonton Ontario q Ministry of Transportation (MTO) – St. Catharines Right-of-Way and Utilities International Scanning Tour - 2008

General Observations n Australia q q q Emphasis on sound business principles Relationship-based project delivery Varied approaches to professional development Different historical basis for utility reimbursement and access of right-of-way for some utilities Cooperative climate with property owners Right-of-Way and Utilities International Scanning Tour - 2008

General Observations n Canada q q q Extensive framework established to control development and preserve corridors Long-term planning for right-of-way: “Transportation Utility Corridors” Transparent relationships with property owners Right-of-Way and Utilities International Scanning Tour - 2008

Overarching Themes n n Promote non-adversarial solutions to right-of-way acquisition while respecting property rights Improve working relationships with utility industry at all levels Explore and promote the Alliance contract approach Organize right-of-way and utility community to implement scan ideas Right-of-Way and Utilities International Scanning Tour - 2008

Implementation Idea Categories n n n n Legal framework for right-of-way and utility processes Transportation project delivery methods Project development process Right-of-way acquisition Utility coordination and utility conflict management Real property management Project team strategies, training, and professional development Right-of-Way and Utilities International Scanning Tour - 2008

Top Implementation Ideas 1. 2. 3. 4. 5. Integrate right-of-way acquisition and utility coordination in an alliance contract approach Enhance cooperative relationship with property owners to facilitate timely property acquisition Promote visualization techniques to communicate anticipated project impacts to property owners Develop framework to establish proficiency of right-of-way and utility professionals in core disciplines Promote incentive-based reimbursement for utility relocations Right-of-Way and Utilities International Scanning Tour - 2008

Top Implementation Ideas 6. 7. 8. 9. Pursue strategies to facilitate corridor preservation Promote use of multiple-level MOU structure among transportation and utility interests Develop GIS-based right-of-way project and asset management systems Promote the use of best practices in utility coordination during the construction phase Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Implementation Next Steps § Scan Team Implementation Plan § § Captures goals, benefits, strategies, status Scan funding available for initiatives and activities: § § § Utility-DOT Memorandum of Understanding Synthesis Report Peer Exchange addressing cooperative and timely property acquisition Formation of Expert Task Group Right-of-Way and Utilities International Scanning Tour - 2008

Expert Task Group § Purpose § § Resource to support right-of-way and utilities project and program initiatives Outreach and communication network to promote scan findings and implementation ideas Liaison with other like-minded industry working groups Monitor effectiveness of scan implementation ideas Right-of-Way and Utilities International Scanning Tour - 2008

Next Steps… n n n Organize ROW/ Utility communities to implement ideas Initiate activities quickly to keep momentum Continued outreach and information sharing q IRWA, AASHTO, TRB, etc. Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Alliance Contracting n Benefits q q q n Promotes innovative project delivery Integrates “business” focus Engages ROWU stakeholders Implementation Ideas q q q Broad promotion at FHWA Education, Outreach, “Americanization” of concept Identification of Pilot Project and States Document and Share lessons Long term (5 year) effort Right-of-Way and Utilities International Scanning Tour - 2008

Alliance Contracting: What Sets it Apart n n n “Best-for-the Project” philosophy Hand Selection of alliance members Integration of Business Focus Sharing of benefits and risks Engages right-of-way and utility stakeholders effectively

Alliance Contracting: Best Scenarios n n n Scope and project definition issues High stakeholder input likely Project size justifies Alliance start-up costs Risk management issues high Timetables are tight Innovation and improved constructability are being sought

Alliance Contracting: Considerations n n n High demands on senior management High potential for improved constructability High potential for innovativeness May not achieve the most competitive price for construction Low potential for disputes/claims

Alliance Contracting: Implementation Activities n n n Broad promotion at FHWA Leverage opportunities Education, Outreach, “Americanization” of concept Identification of Pilot Project and States Document and Share lessons Long term (5 year) effort

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Visualization Techniques n Benefits q q n Effective communication tool leading to less contentious relationships with land owners Effective in expediting project delivery Implementation Activities q q q Advance a “state of the practice” survey Continued promotion Develop guidance for budgeting and estimating visualization costs for project development activities Right-of-Way and Utilities International Scanning Tour - 2008

Visualization Techniques n AASHTO Visualization Survey Right-of-Way and Utilities International Scanning Tour - 2008

Visualization Techniques n Continued Promotion of Visualization Techniques q 2006 Domestic Scan: Best Practices in Right-of-Way Acquisition and Utility Relocation n q q Minnesota Right-of Way Visualization 2007 Visualization Case Studies: Volpe Center for FHWA Office of Interstate and Border Planning 2009 Applications of 3 -D Visualization: FHWA Office of Interstate and Border Planning Right-of-Way and Utilities International Scanning Tour - 2008

Visualization Techniques n Guidance q FHWA Office of Real Estate Services Research Study n n n q Techniques most suitable for using visualization Compare and contrast methods for effectiveness and cost Best practices for right-of-way acquisition Cost data Report FHWA web-based “one-stop shop” Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems n Benefits q q q n Effective planning tool Efficiencies to property management staff Better data exchange between stakeholders Implementation Activities q q q Implement results of recent research projects Develop national standards for real property asset depiction Pilot a GIS-based property management system Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems n Australian Practices q q Land titles are Torrens titles NSW: 51, 000 parcels in Property Information Management System (PIMS) South Australia: GIS application depicts location of land that may be affected by future corridors Victoria: GIS-based system that enables long-term management of right-of-way assets Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems n Canadian Practices q Alberta n n n Building and Land Inventory Management System (BLIMS) Land Automated Information System (LAIS) Spatial Information System (SPIN 2) Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems n [Cesar: Please insert slides here … ] Parcel owned by Vic. Roads Road owned by Vic. Roads Not owned by Vic. Roads Road surrendered to Melbourne City Link Authority Sold by Vic. Roads

GIS-Based ROW Asset Management Systems n Early identification of corridors, registration with the Registrar of Titles, and production of public acquisition overlays Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems n Standards for depiction of real property q FGDC Cadastral Data Content Standard n n q q q Cadastral data Parcel Rights and interests Restrictions Cadastral National Spatial Data Infrastructure (NSDI) Vendor-driven parcel data models Need to develop up-to-date national standard Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems n Recent/Current Initiatives q q NCHRP 8 -55 A “Logical Model for a Geo-Spatial Right -of-Way Land Management System” Tx. DOT Research Project 0 -5788 “Right-of-Way Real Property Asset Management Architecture” NCHRP 20 -84 “Improved Right-of-Way Procedures and Business Practices” Implementation idea: Pooled fund project to test a GIS-based property asset management system Right-of-Way and Utilities International Scanning Tour - 2008

GIS-Based Right-of-Way Asset Management Systems Note: Blue represents Tx. DOT ownership; yellow represents ownership by others. Right-of-Way and Utilities International Scanning Tour - 2008

6: Develop Prototype GIS-Based Right-of-Way Asset ROW Asset Data Platform Management Systems Transportation Operations Group

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Multiple-level MOU Structures n Benefits q q n Potential to optimize relationships Improves programmatic and project-specific operations Implementation Activities q q Compare Australian models to any existing U. S. corollaries Develop template language Pilot MOU at a DOT and Utility Continue education and outreach Right-of-Way and Utilities International Scanning Tour - 2008

Multiple-level MOU Structures: Completed Implementation Activities Synthesis Report n n Compares Australian models to any existing U. S. corollaries Establishes of template MOU language Identifies of candidate pilot DOTs Suggests steps for successful implementation by DOTs Right-of-Way and Utilities International Scanning Tour - 2008

Department of Main Roads (Queensland) and Energex Relationship Issues n Differing design priorities n Environmental concerns n Planning inconsistencies n Cost estimating uncertainties n Project delays n Differing organizational protocols Right-of-Way and Utilities International Scanning Tour - 2008

Main Roads and Entergex: High-Level MOU focus areas n Corridor planning, Access and Infrastructure Design n Construction and Maintenance Right-of-Way and Utilities International Scanning Tour - 2008

Main Roads and Energex: Second-Tier priorities n Utility asset-management programs n Pole safety programs n Visual cost-estimating tools Right-of-Way and Utilities International Scanning Tour - 2008

Main Roads and Energex: Outcomes Achieved n n n Higher levels of trust Roles & responsibilities more clearly defined Objectives benefit both parties Open sharing of confidential information Improved cost estimating Organizational time and cost savings Right-of-Way and Utilities International Scanning Tour - 2008

Australian and American Agreements: n “Communicate, Coordinate, Collaborate” Similarities and Differences n n n goals align Australia’s agreements originate at higher organizational level American agreements focus on access and reimbursement Compliance expectations differ Right-of-Way and Utilities International Scanning Tour - 2008

Multiple-level MOU Structures: Upcoming Implementation n Transmission of Final MOU Report Activities n n n Development of effectiveness metrics Peer Exchange with pilot states Progress monitoring to AASHTO, FHWA, industry Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Benefits q n Focuses on staff retention and discipline expertise issues that affect all agencies and organizations Implementation Activities q q q Monitor status of related efforts Assess existing courses (e. g. , NHI) Develop coursework lists Develop formal curricula Establish staff exchange programs Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Summary of Findings q q Strong emphasis on continual training and professional development Most training at the project level Succession planning has renewed focus DOT/property owner relationships a key factor Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Australia q q q University programs for property valuers (appraisers) Curriculum focus on business/real estate/law courses Australian Property Institute Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Australia: New South Wales q q q NSW valuers must register with Office of Fair Trade NSW Streets Opening Conference pilot training program Utility relocation training Module training by utility type Plan reading Formal accreditation process for utility location services Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Australia: Victoria q q q Vic. Roads International Export of professional services Management and consultancy services in 25 countries Opportunity to work abroad and promote growth Higher employee retention Recruiting strategy Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Canada: Alberta q q q Outsourcing of most ROW services Retaining more work internally to train future managers Active participation in Appraisal Institute of Canada and IRWA Alberta Expropriation Association Olds College – 2 year land agent program Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Canada: Ontario q q q Most right-of-way work outsourced, except acquisition Retaining more work internally to train future managers/leaders Retention and professional development includes flexibility and training Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Implementation Ideas q q q Develop standard education framework Don’t let the knowledge get away Collaborative effort to right-of-way training Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Ongoing Training Initiatives q FHWA n n n Web-based training tool for Realty Officers Web-based Realty Capacity Building (RCB) Navigator http: //www. fhwa. dot. gov/navigator. aspx Learning and Development Seminar Working with NHI, IRWA, AASHTO, and others to enhance training options Right-of-Way and Utilities International Scanning Tour - 2008

Professional Proficiency n Ongoing Training Initiatives q IRWA n n q NHI n q URA Certification Ongoing course updates Course updates AASHTO n n Professional development committee to study proficiency requirements Users of right-of-way services education Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics n n n n ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A Right-of-Way and Utilities International Scanning Tour - 2008

Summary of Other Top Implementation Recommendations Right-of-Way and Utilities International Scanning Tour - 2008

Enhancing Cooperative Relationships with Property Owners n Benefits q q n Acquisition processes occur more effectively Earlier acquisition leads to earlier project completion Implementation Ideas q q q Assess and capture current practices Conduct cost-benefit analyses of practices Develop education and training materials for ROW professionals and property owners Right-of-Way and Utilities International Scanning Tour - 2008

Promote Incentive-Based Reimbursement for Utility Relocations n Benefits q q n Potential expedition of project delivery Promotes close transportation-utility coordination Implementation Activities q q q Synthesis study for current practice Establish legislative template/model Pilot concept at DOTs Right-of-Way and Utilities International Scanning Tour - 2008

Pursue Strategies to Facilitate Corridor Preservation n Benefits q q n Environmentally-friendly approach Cost-effective Implementation Activities q q q Establish protocols Promote mechanisms for earlier acquisition Facilitate information exchanges among all stakeholders Right-of-Way and Utilities International Scanning Tour - 2008

Promote Best Practices in Utility Coordination During Construction n Benefits q q q n Reduced risk of contract modifications Enhanced project delivery More effective application of agency/utility resources Implementation Activities q q q Distribute information on state-of-the-practice Synthesize information on best practices Update AASHTO Utility Guidelines Right-of-Way and Utilities International Scanning Tour - 2008

Success Testing and Implementation of Ideas To Improve Integration of ROW / Utilities in Project Development and Delivery Right-of-Way and Utilities International Scanning Tour - 2008

For Additional Information: n Scan Report q Executive Summary available at: http: //www. fhwa. dot. gov/realestate/scans/rowutilint 08. htm q Final Report available at: http: //international. fhwa. dot. gov/pubs/pl 09011/ Right-of-Way and Utilities International Scanning Tour - 2008

Questions or Comments? Right-of-Way and Utilities International Scanning Tour - 2008