The Right Things to Know about Right ofWay

The Right Things to Know about Right- of-Way April 8, 2016 Tammy M. Keeley Realty Officer FHWA – AL Division

Basic Overview Who • has the responsibility? What • are the basic laws & regulations? When • to use them and why follow them. How • not to put federal funds at risk.

Responsibilities? Federal • Provides guidance to ALDOT ROW activities of LPAs. • FHWA approves State procedures • Approve the procedural manuals. • FHWA reviews and evaluates ALDOT’s oversight of LPAs. ALDOT • Make decisions for the State, and consistent with State laws, to carry out Federal laws • Reviews and surveillance responsibility over LPAs in accordance with FHWA requirements and State approved procedures Locals • Compliance with legal requirements of State and Federal laws & regulations on federally funded projects.

Federal Regulations Program 23 CFR Part 710 – ROW Administration General, Applicability & Definitions Program Administration Project 49 CFR Part 24 Uniform Act General Purpose Acquisitions Project Development Real Property Management Property Acquisition Alternations Federal Assistance Program Concession Agreements Relocation Moving Payment Replacement Housing Payment Mobile Homes Certification

State Right-of-Way Responsibilities 23 CFR 710. 201 (a). Each State DOT shall be adequately staffed, equipped, and organized (b). The State DOT is responsible for the acquisition, management, and disposals (c). The State DOT must have operating procedures (Manual) (d). The State DOT is responsible for complying with FHWA regulations, even if the State DOT manual is out-of-date. (e). The State DOT must acquire adequate interest to construct, operate and maintain the highway facility. (h). The State DOT is responsible for monitoring local public agencies and applying sanctions for noncompliance.

ALDOT Right of Way Bureau

Local Agencies Responsibilities 23. CFR 710. 201(h) May enter into agreements with ALDOT Must comply with Uniform Act (Manual) Must comply ALDOT with requirements Must answer to ALDOT in cases of material noncompliance

LPA Manual

Why should you know the laws? The Fifth Amendment to the U. S. Constitution “No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ” http: //video. foxnews. com/v/460049 5/unfair-price-for-property

When should the regulations apply? When Federal funds are utilized on ANY phase of a project, even when there is no ROW needed for the project.

If ROW is required…then what? Authorization to Proceed Secure authorization to proceed from ALDOT before beginning project right-of-way activities. Any funds expended or costs incurred prior to authorization are not eligible for reimbursement The ALDOT Manual provides details on authorization to proceed with right-of-way activities requirements.

(a)(1) • Project must be in the STIP. (a)(2) • State has executed a project agreement. (a)(3) • Certain costs may be incurred prior to NEPA clearance (title search & appraisal) (a)(4) • Costs must be incurred in conformance with State and Federal laws and regulations.

Proceed to Construction • 23 CFR 635. 309 Prior to receiving authorization to advertise for bids or to proceed with force account construction, the State must provide a statement that all right-of-way clearance, utility, and railroad work has been completed, ………

Certification of Compliance 23 CFR 635. 309(g) As part of the certification required for proceeding to construction, a statement is required from the State that all right-of-way was acquired in accordance with current FHWA right-ofway directives.

Question 1 The City of Hope is proposing to resurface Main Street using FHWA funds. Name five things relating to Right-of -Way that the State is required to do in order to be eligible for Federal funding.

Question 2 The city of Bliss is using FHWA funds to make certain safety improvements to a local road that is on the National Highway System (NHS). The city proposes to acquire the rights-of-way for this project. What is the State DOT’s role in the right-of-way phase of this project?

Examples of What Can Go Wrong City of Secrets had a project with Federal-aid in Construction. But the City used its own funds to acquire ROW.

2. The City did not have trained real estate staff. of things that cause non-compliance Examples 1. The City hired an appraiser and told the appraiser not to contact one of the owners. 24 CFR 102. (c) 3. The appraisals were not reviewed before offers were made. 24 CFR 104. (a) 24 CFR 103. (2) 4. The files did not contain any Notice to Owner letters. 24 CFR 102. (b) 5. Written offers of just compensation were not provided to property owners. 24 CFR 102. (d)

What would FHWA do? FHWA determined that there were violations to the Uniform Act That the State is ultimately responsible for the oversight of LPAs. That State is responsible for all Federal-aid highway projects administered at the county or city level. That State is responsible for establishing appraisal, acquisition and relocation program And, that if a local public agency plans

Would FHWA pull funds? It depends!!

State Guidelines If you work for an LPA, use the ALDOT Procedural Manual for guidance. Consult with your ALDOT Division ROW Manager for assistance.

National Highway Institute F R E E http: //www. nhi. fhwa. dot. gov FHWA-NHI-141045 - Course title: Real Estate Acquisition Under the Uniform Act: An Overview - WEB-BASED Course number: FHWA-NHI-141047 - Course title: Local Public Agency Real Estate Acquisition - WEB-BASED

Summary • We discussed who has responsibilities for local administrated projects • We discussed what an LPA should/should not do. • We discussed when & why to apply federal & state laws and regulations. • We discussed how to keep federal funds.

Tammy M. Keeley 9500 Wynlakes Place Montgomery, AL 36117 334 -274 -6348 Tammy. Keeley@dot. gov