Steps in Right of Way Acquisition Process
undefined
Tom Kerns
Rex Alexander
Kelly Divine
undefined
B
E
G
I
N
N
I
N
G
W
I
T
H
T
H
E
I
N
I
T
I
A
L
O
F
F
E
R
T
O
T
H
E
C
L
O
S
I
N
G
P
R
O
C
E
S
S
The Right of Way Supervisor verifies with
the District Environmental Coordinator if
any historical land or buildings are being
affected. If so, appropriate measures are
taken to identify that parcel on the plans
and minimize the impact.
The Right of Way Supervisor sends the
Notice of Acquisition letter to all affected
property owners through certified mail.
The Right of Way Supervisor or Project
Manager will set up the project and make
assignments in the RWUMS system.
Each assigned agent should view the
project (prior to making any offers) to
become familiar with the area and to take
photos of the designated MAR parcels, if
applicable. It is recommended that photos
from several directions of the acquired
areas be taken.
Research both the county PVA office and the
assigned appraiser’s sales book, if applicable,
for the most recent comparable sales in which
to base your approved Range of Values and
MAR calculation. At this time, it is also
recommended to secure site improvement
costs (such as trees, fencing, gravel, etc.) from
the assigned appraiser or local contractors for
your MAR calculation, if applicable.
The Acquisition Agent checks the
legal description(s) and areas being
acquired against the right of way
plans, the right of way summary
sheet, and appraisal (if applicable)
for accuracy purposes. The agent
should verify the most recent legal
descriptions and right of way plans
with the Design Project Manager. A
color-coded copy of the plan sheet(s)
should be created by the agent and
provided to the property owner(s) at
the Offer to Purchase meeting.
Prepare initial forms – Deed of
Conveyance or Grant of Easement,
Memorandum of Understanding, Offer to
Purchase form, and Offer to Purchase
Letter, if applicable. Once the Deed or
Grant of Easement is prepared, it should
be reviewed by the attorney, who will be
signing the document, for his/her
approval. Print cross sections, note the
cuts/fills, ditch depths and distances from
the shoulder, etc.
Read and study the approved appraisal if
applicable (especially Sheet 10) as well as the
right of way plans. Anticipate property owner
questions and concerns. Know the acquisition
dimensions and distances from primary
structure(s), salvage values (if applicable),
proposed elevations, control of access, scheduled
clearance date, letting date, etc. Talk with the
Design Project Manager to get a brief history of
the project (history, purpose, location, etc.).
E
x
t
e
n
s
i
v
e
k
n
o
w
l
e
d
g
e
o
f
t
h
e
p
r
o
j
e
c
t
a
n
d
p
a
r
c
e
l
w
i
l
l
e
s
t
a
b
l
i
s
h
t
h
e
a
g
e
n
t
’
s
c
r
e
d
i
b
i
l
i
t
y
a
n
d
c
o
n
f
i
d
e
n
c
e
.
Contact the property owner and schedule the
appointment at his/her convenience. If possible,
make the initial meeting in person. If relocation is
involved, coordinate the appointment with the
assigned Relocation Agent as well.
A
r
r
i
v
e
a
t
t
h
e
a
p
p
o
i
n
t
m
e
n
t
o
n
t
i
m
e
t
o
m
a
k
e
a
g
o
o
d
f
i
r
s
t
i
m
p
r
e
s
s
i
o
n
w
i
t
h
t
h
e
o
w
n
e
r
.
At the initial meeting, the Acquisition Agent should bring
the prepared Deed of Conveyance or Grant of Easement,
the prepared Memorandum of Understanding, a copy of
the approved appraisal or MAR calculation, colored plan
sheets, offer to purchase letter, Right of Way booklet, and
scale.
Verify the title facts with the property owner and explain
the proposed acquisition. If there are any existing liens
against the subject parcel, it needs to be explained that a
full or partial release will be required from the lending
institution. Review the 21-question ROC checklist with the
property owner. Offer to view the proposed acquisition
with him/her. Provide the Offer to Purchase both verbally
and in writing. Attempt to answer all property owner
questions/concerns to the best of your ability. Any
unanswered questions or concerns should be
documented and taken to the appropriate individual(s).
Answers to the owner’s concerns need to be provided in a
timely manner. Leave a copy of the approved appraisal or
MAR calculation with the property owner, along with a
copy of the colored plans and Right of Way booklet.
Document the initial contact and all subsequent
contacts in the RWUMS system as soon as
possible for accuracy purposes. Be sure to
include all pertinent information discussed,
such as improvements acquired, entrances
(size/grade/location), elevations, proximity of
the acquisition to the primary structure(s), etc.
During the course of negotiations, it is also
important to document all unsuccessful
attempts to reach a property owner: cite the
date and time of all phone calls or visits in one
ROC entry to minimize contact sheets.
Answer all property owner questions/concerns (document both
within ROC) and work toward having a final decision made
within 30 to 45 days of the FMV offer. If possible, attempt to
schedule at least 3 face-to-face meetings with the property
owner. This creates trust and a rapport as well as minimizes
miscommunication and misunderstandings.
I
f
a
n
a
g
r
e
e
m
e
n
t
i
s
r
e
a
c
h
e
d
,
h
a
v
e
t
h
e
p
r
o
p
e
r
t
y
o
w
n
e
r
e
x
e
c
u
t
e
t
h
e
D
e
e
d
o
f
C
o
n
v
e
y
a
n
c
e
o
r
G
r
a
n
t
o
f
E
a
s
e
m
e
n
t
a
n
d
M
e
m
o
r
a
n
d
u
m
o
f
U
n
d
e
r
s
t
a
n
d
i
n
g
.
E
x
p
l
a
i
n
t
h
e
6
t
o
1
0
w
e
e
k
t
i
m
e
f
r
a
m
e
t
o
s
e
c
u
r
e
t
h
e
F
M
V
c
h
e
c
k
a
n
d
c
o
n
d
u
c
t
t
h
e
c
l
o
s
i
n
g
(
l
o
n
g
e
r
i
f
a
s
t
a
t
e
e
m
p
l
o
y
e
e
)
.
M
a
k
e
s
u
r
e
t
o
i
n
c
l
u
d
e
a
n
y
c
o
n
c
e
s
s
i
o
n
m
a
d
e
w
i
t
h
i
n
t
h
e
R
e
c
o
r
d
o
f
C
o
n
t
a
c
t
s
a
n
d
P
a
g
e
2
o
f
t
h
e
M
O
U
.
I
f
e
n
c
u
m
b
r
a
n
c
e
s
e
x
i
s
t
,
i
t
n
e
e
d
s
t
o
b
e
e
x
p
l
a
i
n
e
d
f
u
r
t
h
e
r
d
e
l
a
y
s
m
a
y
b
e
i
n
c
u
r
r
e
d
a
n
d
t
h
e
o
w
n
e
r
’
s
a
s
s
i
s
t
a
n
c
e
m
a
y
b
e
n
e
e
d
e
d
t
o
s
e
c
u
r
e
t
h
e
n
e
c
e
s
s
a
r
y
r
e
l
e
a
s
e
s
.
F
i
n
a
l
l
y
,
e
x
p
l
a
i
n
t
h
e
p
r
o
r
a
t
a
t
a
x
e
s
i
f
f
e
e
s
i
m
p
l
e
i
s
a
c
q
u
i
r
e
d
.
I
f
i
t
i
s
a
t
o
t
a
l
a
c
q
u
i
s
i
t
i
o
n
,
t
h
e
p
r
o
r
a
t
a
t
a
x
e
s
n
e
e
d
t
o
b
e
d
e
t
e
r
m
i
n
e
d
a
n
d
d
e
d
u
c
t
e
d
f
r
o
m
t
h
e
c
h
e
c
k
a
m
o
u
n
t
.
The Acquisition Agent then prepares a parcel batch for review
and approval by the Right of Way Supervisor/Project Manager,
which includes the following (see attachment). Once approved,
the parcel batch is submitted electronically to Central Office for
approval and processing.
If an agreement is not reached, the Acquisition Agent sends
the property owner a 10-day letter through certified mail
notifying them that subject parcel will be submitted for
condemnation if a reasonable/justifiable counter offer is not
received.
If the parcel is submitted for condemnation, the district office
electronically sends the following to central office: see
attachment. This will then be forwarded to the Office of Legal
Services for attorney assignment.
Conduct the closing at the property owner’s
convenience once a title update has been conducted
to ensure no new encumbrances or property transfers
have occurred. Secure all necessary releases. Have
the property owner sign an acknowledgement that
he/she received the FMV check. Provide them with a
letter reminding them of the tax reimbursement
eligibility, if applicable. Record the Deed/Grant of
Easement and Releases on that same day, if
possible.
F
o
r
c
o
n
s
u
l
t
a
n
t
s
,
t
h
i
s
w
i
l
l
r
e
q
u
i
r
e
c
o
o
r
d
i
n
a
t
i
o
n
w
i
t
h
t
h
e
a
s
s
i
g
n
e
d
a
t
t
o
r
n
e
y
w
h
o
w
i
l
l
b
e
s
i
g
n
i
n
g
t
h
e
d
e
e
d
a
s
p
r
e
p
a
r
e
r
.
The steps involved in making the first contact on a right of way acquisition, from sending notices to verifying impacts, setting up projects, researching comparable sales, checking legal descriptions, and preparing necessary documentation.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
RIGHT OF WAY ACQUISITION: RIGHT OF WAY ACQUISITION: FIRST CONTACT FIRST CONTACT Tom Kerns Rex Alexander Kelly Divine
THE STEPS INVOLVED IN THE STEPS INVOLVED IN MAKING THE MAKING THE FIRST CONTACT CONTACT ON A RIGHT OF ON A RIGHT OF WAY WAY ACQUISITION ACQUISITION BEGINNING WITH THE INITIAL OFFER TO THE CLOSING PROCESS FIRST
The Right of Way Supervisor sends the Notice of Acquisition letter to all affected property owners through certified mail. The Right of Way Supervisor verifies with the District Environmental Coordinator if any historical land or buildings are being affected. If so, appropriate measures are taken to identify that parcel on the plans and minimize the impact.
The Right of Way Supervisor or Project Manager will set up the project and make assignments in the RWUMS system. Each assigned agent should view the project (prior to making any offers) to become familiar with the area and to take photos of the designated MAR parcels, if applicable. It is recommended that photos from several directions of the acquired areas be taken.
Research both the county PVA office and the assigned appraiser s sales book, if applicable, for the most recent comparable sales in which to base your approved Range of Values and MAR calculation. At this time, it is also recommended to secure site improvement costs (such as trees, fencing, gravel, etc.) from the assigned appraiser or local contractors for your MAR calculation, if applicable.
The Acquisition Agent checks the legal description(s) and areas being acquired against the right of way plans, the right of way summary sheet, and appraisal (if applicable) for accuracy purposes. The agent should verify the most recent legal descriptions and right of way plans with the Design Project Manager. A color-coded copy of the plan sheet(s) should be created by the agent and provided to the property owner(s) at the Offer to Purchase meeting.
Prepare initial forms Deed of Conveyance or Grant of Easement, Memorandum of Understanding, Offer to Purchase form, and Offer to Purchase Letter, if applicable. Once the Deed or Grant of Easement is prepared, it should be reviewed by the attorney, who will be signing the document, for his/her approval. Print cross sections, note the cuts/fills, ditch depths and distances from the shoulder, etc.
Read and study the approved appraisal if applicable (especially Sheet 10) as well as the right of way plans. Anticipate property owner questions and concerns. Know the acquisition dimensions and distances from primary structure(s), salvage values (if applicable), proposed elevations, control of access, scheduled clearance date, letting date, etc. Talk with the Design Project Manager to get a brief history of the project (history, purpose, location, etc.). Extensive knowledge of the project and parcel will establish the agent s credibility and confidence.
Contact the property owner and schedule the appointment at his/her convenience. If possible, make the initial meeting in person. If relocation is involved, coordinate the appointment with the assigned Relocation Agent as well. Arrive at the appointment on time to make a good first impression with the owner. At the initial meeting, the Acquisition Agent should bring the prepared Deed of Conveyance or Grant of Easement, the prepared Memorandum of Understanding, a copy of the approved appraisal or MAR calculation, colored plan sheets, offer to purchase letter, Right of Way booklet, and scale.
Verify the title facts with the property owner and explain the proposed acquisition. If there are any existing liens against the subject parcel, it needs to be explained that a full or partial release will be required from the lending institution. Review the 21-question ROC checklist with the property owner. Offer to view the proposed acquisition with him/her. Provide the Offer to Purchase both verbally and in writing. Attempt to answer all property owner questions/concerns to the best of your ability. Any unanswered questions or concerns should be documented and taken to the appropriate individual(s). Answers to the owner s concerns need to be provided in a timely manner. Leave a copy of the approved appraisal or MAR calculation with the property owner, along with a copy of the colored plans and Right of Way booklet.
Document the initial contact and all subsequent contacts in the RWUMS system as soon as possible for accuracy purposes. Be sure to include all pertinent information discussed, such as improvements acquired, entrances (size/grade/location), elevations, proximity of the acquisition to the primary structure(s), etc. During the course of negotiations, it is also important to document all unsuccessful attempts to reach a property owner: cite the date and time of all phone calls or visits in one ROC entry to minimize contact sheets.
Answer all property owner questions/concerns (document both within ROC) and work toward having a final decision made within 30 to 45 days of the FMV offer. If possible, attempt to schedule at least 3 face-to-face meetings with the property owner. This creates trust and a rapport as well as minimizes miscommunication and misunderstandings. If an agreement is reached, have the property owner execute the Deed of Conveyance or Grant of Easement and Memorandum of Understanding. Explain the 6 to 10 week time frame to secure the FMV check and conduct the closing (longer if a state employee). Make sure to include any concession made within the Record of Contacts and Page 2 of the MOU. If encumbrances exist, it needs to be explained further delays may be incurred and the owner s assistance may be needed to secure the necessary releases. Finally, explain the pro rata taxes if fee simple is acquired. If it is a total acquisition, the pro rata taxes need to be determined and deducted from the check amount.
The Acquisition Agent then prepares a parcel batch for review and approval by the Right of Way Supervisor/Project Manager, which includes the following (see attachment). Once approved, the parcel batch is submitted electronically to Central Office for approval and processing. If an agreement is not reached, the Acquisition Agent sends the property owner a 10-day letter through certified mail notifying them that subject parcel will be submitted for condemnation if a reasonable/justifiable counter offer is not received. If the parcel is submitted for condemnation, the district office electronically sends the following to central office: see attachment. This will then be forwarded to the Office of Legal Services for attorney assignment.
Conduct the closing at the property owners convenience once a title update has been conducted to ensure no new encumbrances or property transfers have occurred. Secure all necessary releases. Have the property owner sign an acknowledgement that he/she received the FMV check. Provide them with a letter reminding them of the tax reimbursement eligibility, if applicable. Record the Deed/Grant of Easement and Releases on that same day, if possible. For consultants, this will require coordination with the assigned attorney who will be signing the deed as preparer.
