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Right-of-Way Procedures, Tools and Techniques for Local Public Agencies Office of Real Estate Services Right-of-Way Procedures, Tools and Techniques for Local Public Agencies Office of Real Estate Services Webinar Tuesday, July 9, 2013 1: 00 – 3: 00 p. m. 1

Housekeeping Tips • There is a designated time at the end of each presentation Housekeeping Tips • There is a designated time at the end of each presentation for questions and answers. • Please submit your questions in the chat pod during the presentation. Please direct questions to presenters. • We also will open up the phone lines for questions. • Please state your name and affiliation when you ask a question. 0 -2

Welcome and Overview Carolyn Winborne James National LPA Realty Program Coordinator Federal Highway Administration Welcome and Overview Carolyn Winborne James National LPA Realty Program Coordinator Federal Highway Administration Office of Real Estate Services Washington, DC 3

Federal Highway Administration Office of Real Estate Services INTEGRATING RIGHT OF WAY PROCEDURES INTO Federal Highway Administration Office of Real Estate Services INTEGRATING RIGHT OF WAY PROCEDURES INTO THE PROJECT DEVELOPMENT PROCESS 2 -4

Learning Outcomes • Understand the Project Development Procedure and Process flow for Right of Learning Outcomes • Understand the Project Development Procedure and Process flow for Right of Way projects • Understand the relationship between other program areas and Right of Way • State the requirements of a Right of Way Certification Statement 2 -5

Project Development Process Start End Planning & Environment • NEPA Process • Corridor Selection Project Development Process Start End Planning & Environment • NEPA Process • Corridor Selection Project Design • ROW Plans • ROW Cost Estimates Real Estate • • Preliminary ROW Activities Appraisal Acquisition/Relocation Property Management Construction • Complete ROW certification exceptions • Monitor negotiated construction features ROW Certification 2 -6

Project Development Process Planning • First phase in the Project Delivery Process • Development Project Development Process Planning • First phase in the Project Delivery Process • Development of Statewide Transportation Plan (STP) or Metropolitan Transportation Plan • Development of Transportation Improvement Plan (TIP) • Development Statewide Transportation Improvement Plan (STIP) • Receipt of Federal Funding Requires Project Identification in the STIP 2 -7

Project Development Process Environment • Environmental Coordination • National Environmental Policy Act of 1969 Project Development Process Environment • Environmental Coordination • National Environmental Policy Act of 1969 (NEPA) • Public Involvement Note : Your State DOT should be contacted for any assistance needed in the NEPA process coordination. Information on NEPA and Federal –Aid project requirements can be found in the regulations at 23 CFR 771. 2 -8

ROW Involvement in Environmental Activities 2 -9 ROW Involvement in Environmental Activities 2 -9

Project Development Process Project Design • Right-of-Way Plans Indicate the property required to build Project Development Process Project Design • Right-of-Way Plans Indicate the property required to build and maintain the project Illustrate the existing and proposed right of-way lines Indicate design features and other details of construction • Utilities Critical part of the construction of the project Extensive lead time needed to relocate utility facilities Compensation is based upon utility location and local and State laws 2 -10

Project Development Process Start End Planning & Environment • NEPA Process • Corridor Selection Project Development Process Start End Planning & Environment • NEPA Process • Corridor Selection Project Design • ROW Plans • ROW Cost Estimates Real Estate • • Preliminary ROW Activities Appraisal Acquisition/Relocation Property Management Construction • Complete ROW certification exceptions • Monitor negotiated construction features ROW Certification 2 -11

Project Development Process When Can You Begin to Purchase Right-of-Way for a Federal. Aid Project Development Process When Can You Begin to Purchase Right-of-Way for a Federal. Aid Right-of-Way Project? The project: • Must be identified in the Statewide Transportation Improvement Plan (STIP) • Must have completed environmental document in compliance with NEPA • Must have Federal funding authorization 2 -12 12

Project Development Process Right- of -Way Real Estate • Preliminary ROW Activities • Appraisal Project Development Process Right- of -Way Real Estate • Preliminary ROW Activities • Appraisal • Acquisition/ Relocation • Property Management 2 -13

Valuation 3 -14 Valuation 3 -14

Valuation Process Authorization to Proceed to Acquisition Define appraisal problem for Scope of Work Valuation Process Authorization to Proceed to Acquisition Define appraisal problem for Scope of Work Agency personnel or contract personnel use data to estimate fair market value Authorized Agency personnel approves estimate of value and sets Agency’s estimate of just compensation? NO Waiver Process YES Negotiation Process YES Can you identify properties for which a waiver valuation can be used? Agency personnel or contractor selected for NO appraisal assignment Property owner contacted for inspection and offer for owner accompaniment Property inspected and appraisal assignment completed Review Appraiser performs Appraisal Review (Next Slide) If relocation benefits or services must be provided as a result of this acquisition, the relocation process should be initiated at this point and should run concurrently with the Appraisal and Acquisition processes. Relocation Process 3 -15

Key Elements of the Valuation Process Appraisal Fair Market Value Review Appraisal Just Compensation Key Elements of the Valuation Process Appraisal Fair Market Value Review Appraisal Just Compensation P. L. 91 -646, as amended Title III, Section 301 3 -16

Acquisition and Negotiation 4 -17 Acquisition and Negotiation 4 -17

START Property acquisition displaces residents? Land Acquisition Process Flowchart No Present written offer to START Property acquisition displaces residents? Land Acquisition Process Flowchart No Present written offer to Property Owner (in person or by mail) Give owner opportunity to consider offer Yes If possible, make combined relocation and acquisition offers together Continued negotiations Successful? No Condemnation No Yes Follow-up with phone call(s) or personal contacts Property owner accepts offer? Yes Will acquisition displace occupants? Owner signs conveyance instrument Negotiations complete – consider property management activities END No Agency prepares ROW Certification Complete Relocation Process Yes 4 -18 18

Basic Acquisition Policies • Expeditious acquisition • Notice to owner • Just compensation offer Basic Acquisition Policies • Expeditious acquisition • Notice to owner • Just compensation offer established • Prompt written offer to purchase with summary statement 49 CFR 24. 102 49 CFR, Appendix A, 24. 102 4 -19

Basic Acquisition Policies (con. ) • Basic negotiation procedures • No coercive action • Basic Acquisition Policies (con. ) • Basic negotiation procedures • No coercive action • 90 -Day Notice • Payment before possession • Conflict of interest • Documentation of negotiations 49 CFR 24. 102 49 CFR, Appendix A, 24. 102 4 -20

Parcel Closings • • Obtain property encumbrance releases Prepare settlement statement and deed Pay Parcel Closings • • Obtain property encumbrance releases Prepare settlement statement and deed Pay just compensation to the property owner Pay property owner’s expenses incidental to transfer of title to Agency 49 CFR 24. 106 4 -40 0 -21

Alternative Means to Acquire Property • Donation in exchange for construction features • Dedication Alternative Means to Acquire Property • Donation in exchange for construction features • Dedication • Incorporation of Agency-owned land in the project 49 CFR 24. 108 23 CFR 710. 505 and 507 4 -22

Relocation Assistance 5 -23 Relocation Assistance 5 -23

Relocation Planning • Begins early in the development of a project often part of Relocation Planning • Begins early in the development of a project often part of NEPA process • Recognizes problems associated with displacement • Develops solutions to minimize the adverse impacts of displacement 49 CFR 24. 205(a) 5 -24

Relocation Payments and Services Residential: Advisory Services Nonresidential: Advisory Services Fixed or Actual Moving Relocation Payments and Services Residential: Advisory Services Nonresidential: Advisory Services Fixed or Actual Moving Costs Replacement Housing Payments Business Reestablishment Expenses Related Nonresidential Expenses Note: Persons not lawfully present in the US are not eligible for relocation payments or advisory services. 49 CFR 24. 208 5 -25

Property Management 6 -26 Property Management 6 -26

Property Management Activities Flowchart Manage Property Acquire Property Construct Facility (Acquisition) Identify Short-term Uses Property Management Activities Flowchart Manage Property Acquire Property Construct Facility (Acquisition) Identify Short-term Uses Rent/Lease Manage Property Long-Term (Post-Construction) Sell excess/surplus property Sell Improvements 6 -27 27

Case Study Impacts of ROW Acquisition 28 Case Study Impacts of ROW Acquisition 28

ROW Impacts Temporary Construction Easement 2 -29 2 -6 ROW Impacts Temporary Construction Easement 2 -29 2 -6

ROW Impacts (con. ) Temporary Construction Easement 2 -30 2 -7 2 -30 ROW Impacts (con. ) Temporary Construction Easement 2 -30 2 -7 2 -30

Project Development Process ROW Certification Statement The Agency certifies: • All properties needed for Project Development Process ROW Certification Statement The Agency certifies: • All properties needed for construction are obtained • All properties are free and clear of any structures, businesses or people • Utility relocation is addressed 23 CFR 635. 309 2 -31

ROW Certification Statement (con. ) The Agency certifies: • All displacees are appropriately relocated ROW Certification Statement (con. ) The Agency certifies: • All displacees are appropriately relocated • Compliance with all State laws, the Uniform Act and implementing regulations 23 CFR 635. 309 2 -32

Project Development Process Construction • Complete ROW certification exceptions • Monitor negotiated construction features Project Development Process Construction • Complete ROW certification exceptions • Monitor negotiated construction features 2 -33

Project Development Process Reference Materials • Code of Federal Regulations 23 CFR Part 710 Project Development Process Reference Materials • Code of Federal Regulations 23 CFR Part 710 -Right of Way and Real Estate • Code of Federal Regulations 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally- Assisted Programs http: //www. fhwa. dot. gov/realestate/ua/index. htm 2 -34

Sources of Information, References and Training • FHWA LPA Website posts background information, field Sources of Information, References and Training • FHWA LPA Website posts background information, field contacts including both State and FHWA Division Coordinators, important reference information, and training resources. • www. fhwa. dot. gov/federalaid/lpa/index. cfm • http: //www. fhwa. dot. gov/realestate/ • NHI Courses(National Highway Institute) http: //www. nhi. fhwa. dot. gov/Home. aspx • State DOTs 2 -35

Sources of Information, References and Training • FHWA- Office of Real Estate Services web Sources of Information, References and Training • FHWA- Office of Real Estate Services web site • FHWA- Real Estate Acquisition Guide For Local Public Agencies http: //www. fhwa. dot. gov/realestate/lpaguide/index. htm. • http: //knowledge. fhwa. dot. gov/cops/rex. nsf/home • Realty Topics of Special Interest • Real Estate Exchange (Discussion Forum) • Local Public Agency Forum • Found on NHI website - http: //www. nhi. fhwa. dot. gov Course Number FHWA-NHI-141045 2 -36

Integrating Right Of Way Into the Project Development Process Questions and Answers 2 -37 Integrating Right Of Way Into the Project Development Process Questions and Answers 2 -37

WISCONSIN LOCAL PROGRAM REAL ESTATE Procedures, Tools, and Techniques for Local Public Agencies WAIVER WISCONSIN LOCAL PROGRAM REAL ESTATE Procedures, Tools, and Techniques for Local Public Agencies WAIVER VALUATION Presenter: Kerry Paruleski Wis. DOT Statewide LPA Facilitator BTS Real Estate Kerry. [email protected] wi. gov Ph: (414) 220 -5461 38

APPRAISAL WAIVER BACKGROUND The Federal Highway Administration (FHWA), the lead agency, has the delegated APPRAISAL WAIVER BACKGROUND The Federal Highway Administration (FHWA), the lead agency, has the delegated responsibility to issue regulations to implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act). Under FHWA’s unified rule, agencies are allowed to determine when an appraisal is not needed if they first determine that the valuation problem is uncomplicated and has an estimated value less than the low-value defined in the rule ($10, 000). So, states may use an Appraisal Waiver if: Non-complex acquisitions Low-value acquisitions • • Acquisition price including damages cannot exceed $10, 000 (or amount established by your state statutes). The current rule also provides SDOTs to increase the low-value amount up to $25, 000: • • Federal funding agency must approve Acquiring agency agrees to provide owner the option to request an appraisal Reference: Effectiveness and Impacts of FHWA’s Implementation of the 49 CFR 24. 102 (c) (2) Appraisal Waiver, Summary of Findings and Recommendations, 2007. 39 By Dye Management Group, Inc.

PURPOSE OF WAIVER PROVISION 49 CFR 24. 102 (c) (2) Provide agencies a technique PURPOSE OF WAIVER PROVISION 49 CFR 24. 102 (c) (2) Provide agencies a technique to avoid the costs and time delay associated with appraisal requirements for lowvalue, non-complex acquisitions The intent is that non-appraisers make the waiver valuations, freeing appraisers to do more sophisticated work. Determination to waive appraisals made by an agency employee qualified to understand the proposed acquisition is both uncomplicated and low value Reference: 49 CFR 24. 102 (c)(2) and Effectiveness and Impacts of FHWA’s Implementation of the 49 CFR 24. 102 (c) (2) Appraisal Waiver, Summary of Findings and Recommendations, 2007. By Dye Management Group, Inc. 40

Waiver Valuation is NOT an Appraisal • Appraisal performance requirements or standards, regardless of Waiver Valuation is NOT an Appraisal • Appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations by this rule. It is advisable though to ask the owner to accompany agency official on property inspection. • No requirement for an appraisal review. However, the Agency must have a reasonable basis for the waiver valuation Agency official must still establish an amount believed to be just compensation to offer the property owner(s). **Check with your State DOT for policy on this. Reference: 49 CFR 24. 102(c)(2) 41

Agency Official Qualifications • The person making the decision to waive an appraisal on Agency Official Qualifications • The person making the decision to waive an appraisal on a parcel must: Have enough understanding of appraisal principles to determine the complexity of the appraisal problem Have enough understanding of the local real estate market to be assured the acquisition will be low value. Have sufficient understanding of the local real estate market. 42 Reference: 2009 edition of the Real Estate Acquisition Guide for Local Public Agencies

Is Parcel Appraisal Waiver Eligible? Authorization to acquire Is parcel value below $10, 000 Is Parcel Appraisal Waiver Eligible? Authorization to acquire Is parcel value below $10, 000 (or SDOT’s established value)? YES YES NO Usually Proceed to Appraisal Process but check with your state’s DOT. Written notice to owner with the intent to acquire Prepare Waiver Valuation 43 Is parcel noncomplex/simple? NO Usually Proceed to Appraisal Process but check with your state’s DOT.

Wis. DOT WAIVER VALUATION PROCESS Wis. DOT calls this process the NOMINAL PAYMENT PROCESS Wis. DOT WAIVER VALUATION PROCESS Wis. DOT calls this process the NOMINAL PAYMENT PROCESS Refers the local agency to the two Wis. DOT real estate manuals: LPA Manual for Right of Way Acquisition, Section 5. 0 Nominal Payment Parcels Real Estate Program Manual, Chapter 2. 10 Waiver of Appraisal Provisions 44

Wis. DOT WAIVER VALUATION PROCESS Wis. DOT’s Criteria for using the Nominal Waiver (Appraisal Wis. DOT WAIVER VALUATION PROCESS Wis. DOT’s Criteria for using the Nominal Waiver (Appraisal Waiver): Parcel damages valued at $10, 000 or less. Appraisal problem is non-complex. Land value can be easily established from size and type categories in Data Project Book. No damage to improvements. Minor severance damages to owner's remaining land can easily be explained up to $2, 000 (Other SDOTs may not allow). Minor economically justified costs to cure can be included. Site improvements, such as: landscaping, fencing, etc. can be included. Local Public Agency Manual for Right of Way Acquisition, page 22, Wis. DOT 45

Wis. DOT WAIVER VALUATION PROCESS Establishing Fair Market Value The Project Data Book (formerly, Wis. DOT WAIVER VALUATION PROCESS Establishing Fair Market Value The Project Data Book (formerly, the Sales Study) is the mechanism used to establish the market rates for the various types of property required by the project. To assist in evaluating damages to parcels eligible to be acquired using the appraisal waiver process Must be approved by LPA authorized official LPA must keep the Project Data Book, Sales Study, and comparable sales used to determine the individual unit value for each category in their project file. Local Public Agency Manual for Right of Way Acquisition, page 22, Wis. DOT 46

Wis. DOT’s Nominal Payment Parcel Report (LPAs can use this as a listing for Wis. DOT’s Nominal Payment Parcel Report (LPAs can use this as a listing for parcels which will use the waiver) Once land values are determined, these values are applied to the acquisition areas found on the Schedule of Lands and Interests Required on the right of way plat. These figures, along with any other items of damage encountered on any particular project parcel are then compiled and recorded on the Nominal Payment Parcel Report (NPPR) (form #LPA 1889). It is these amounts that become the “nominal” offers of compensation to the individual property owners. The Project Data Book and the NPPR must be approved prior to commencing negotiations. Contact the MC once the Project Data Book and the NPPR have been completed. Local Public Agency Manual for Right of Way Acquisition, page 23, Wis. DOT 47

Wis. DOT Example 48 Wis. DOT Example 48

Wis. DOT Nominal Waiver Example 49 Wis. DOT Nominal Waiver Example 49

Wis. DOT Nominal Waiver Example 50 Wis. DOT Nominal Waiver Example 50

Wis. DOT Nominal Waiver Example 51 Wis. DOT Nominal Waiver Example 51

How to Access Wis. DOT LPA Site 52 How to Access Wis. DOT LPA Site 52

Questions and Answers • Phone lines are now open for questions. • Chat box Questions and Answers • Phone lines are now open for questions. • Chat box in lower left hand side of the screen. 53

State DOT LPA Manuals Michele Palicka FHWA – Resource Center Atlanta, Georgia 404 -562 State DOT LPA Manuals Michele Palicka FHWA – Resource Center Atlanta, Georgia 404 -562 -3918 54

LPA Manuals Questions you might ask yourself……. . Why Do I need them Where LPA Manuals Questions you might ask yourself……. . Why Do I need them Where do I find them How can I use them Who can I ask for help 55

LPA Manuals Why do you need them…. 6, 647 LPAs administering Federal-aid projects (2010) LPA Manuals Why do you need them…. 6, 647 LPAs administering Federal-aid projects (2010) LPA’s Consistently listed as a high risk area by FHWA Retain federal eligibility for your project State DOT is responsible for your work (23 CFR 710. 201 (h) Find out the laws/rules in your state 56

LPA Manuals Where are they located…. State ROW Section in LPA Websi te Manual LPA Manuals Where are they located…. State ROW Section in LPA Websi te Manual LPA Website address http: //cpmsweb 2. dot. state. al. us/Trans. Plan/LPA/View. Docs. a spx? Category=1#LPAManual. Chapters Combined LPA and ROW Web Address no none Comment none LPA Manuals Alabama Yes Yes Chapter 7 ROW Alaska no no No none no http: //www. azdot. gov/Highw ays/Local. Public. Agency/index. asp click Project Manuals http: //www. arkansashighways. com/manuals. aspx none http: //www. dot. ca. gov/hq/Lo cal. Programs/lam/lapm. htm http: //www. coloradodot. info/ business/designsupport/bulleti ns_manuals/2006 -localagency-manual Arizona Arkansas California Colorado yes yes yes Yes n/a ROW Manual, LPA is Section 7 no Chptr 13 ROW, OB 11 -13 no LPA 57

LPA Manuals Look up your State DOT ROW Manual On line Right-of-Way Program Administration LPA Manuals Look up your State DOT ROW Manual On line Right-of-Way Program Administration Right-of-Way Manuals The Web site links listed below are to the respective state Web sites or state right-of-way manuals available on line. Alabama - See "Procedural Manuals" Alaska California - See "Right of Way Online Manual" Colorado Florida - Downloadable PDF files Illinois - Downloadable PDF file (1. 4 MB) http: //www. fhwa. dot. gov/real_estate/practitioners/right-ofway/program_administration/srowm. cfm 58

LPA Manuals How can I use them…. Connect, Click and Learn Find out the LPA Manuals How can I use them…. Connect, Click and Learn Find out the proper right-of-way procedures in your state Right of Way Forms Attend training 59

LPA Manuals Who can I ask for help…. . State DOT Right of Way LPA Manuals Who can I ask for help…. . State DOT Right of Way LPA contact FHWA NHI Website and LPA Essentials Videos / FHWA/ State training sessions 60

61 Questions and Answers • • Phone lines are now open for questions. Chat 61 Questions and Answers • • Phone lines are now open for questions. Chat box in lower left hand side of the screen.

LPA Job Aids and Tools 0 -62 LPA Job Aids and Tools 0 -62

Basic Acquisition Policies Job Aid Expeditious Acquisition 49 CFR 24. 102(a) • LPA makes Basic Acquisition Policies Job Aid Expeditious Acquisition 49 CFR 24. 102(a) • LPA makes every reasonable effort to acquire the property expeditiously by negotiations Notice to Owner 49 CFR 24. 102(b) • Notify owner in writing of LPA’s interest in acquiring the property • Notify owner of basic protections provided by law and 49 CFR Part 24. 102 • LPA makes personal contact with owner - provides information about the project and impact on the owner • Brochures about the Uniform Act and the property acquisition process are available from State DOTs or FHWA at www. fhwa. dot. gov/realestate Just Compensation Offer Established 49 CFR 24. 102(d) • LPA must establish amount it believes to be just compensation – before initiation of negotiations • LPA cannot establish an amount less than approved appraisal of the fair market value • LPA official must establish amount believed to be just compensation Prompt Written Offer to Purchase 49 CFR 24. 102(d) • LPA makes a written offer promptly after establishing amount believed to be just compensation • LPA should deliver written offer in person to property owner • LPA may deliver written offer by mail See Accelerated Negotiations by Mail section below for complete information on this option 63

Summary Statement 49 CFR 24. 102(e) • LPA must provide owner a summary statement Summary Statement 49 CFR 24. 102(e) • LPA must provide owner a summary statement of the amount established as just compensation along with the written offer to purchase – if partial acquisition, state compensation for real property acquired and damages to remainder, if any, separately • LPA must provide description and location of the real property and the interest in real property to be acquired • LPA must identify buildings, structures and other improvements which are included as part of offer of just compensation • LPA must also provide a summary statement to the tenant owner of any buildings, structures or other improvements affected by acquisition Basic Negotiation Procedures 49 CFR 24. 102(f) • LPA makes all reasonable efforts to contact owner or owner’s representative to discuss offer • LPA explains basis for the offer of just compensation • LPA explains acquisition policies and procedures • LPA gives owner reasonable opportunity to consider the offer and present material which owner believes is relevant to determining value of property – may include owner obtaining his own appraisal • Federal Regulations describe reasonable opportunity to afford the owner a minimum 30 -day period to consider LPA’s offer, depending on circumstances – regardless of project time pressures, LPA must afford property owners this opportunity • LPA gives owner opportunity to suggest modifications in proposed terms and conditions of purchase • LPA must consider any information brought forward by owner not considered during appraisal 64

Negotiations by Mail (Certified Mail, Return Receipt Requested) • Alternative method when property owner Negotiations by Mail (Certified Mail, Return Receipt Requested) • Alternative method when property owner is not available for personal contact • Optional approach may involve complete negotiations by mail with no personal contact, or a limited use, such as the first offer by mail and follow-up personal contact • LPA should honor reasonable requests for personal contact from property owner This process may not be used on parcels that require relocation. No Coercive Action 49 CFR 24. 102(h) • LPA conducts negotiations without any attempt to coerce the owner into reaching a settlement • Avoid using condemnation as a threat 90 -Day Notice 49 CFR 24. 203(c) • All occupants receive minimum of 90 days written notice before Agency can require they vacate • If residential occupant, 90 -Day Notice is not valid without prior or accompanying notice/offer of comparable replacement housing Payment Before Possession 49 CFR 24. 102(j) • Before owner can be required to surrender possession of property, LPA must pay for property, either through a negotiated settlement/closing or condemnation proceedings Conflict of Interest 49 CFR 24. 102(n) • Appraisers, review appraisers or preparers of waiver valuations can only negotiate for real property for which they made an appraisal, appraisal review or waiver valuation if the offer is $10, 000 or less 65

Documentation of Negotiations 49 CFR 24. 9; 23 CFR 710. 201(f) • LPA Agent Documentation of Negotiations 49 CFR 24. 9; 23 CFR 710. 201(f) • LPA Agent (staff or contract Agent) must conduct negotiations in an appropriate manner and document the negotiations in log or diary • Negotiator should maintain adequate records of negotiations or other contacts for every parcel • Records should be written in permanent form and completed within a reasonable time after each contact (date, place, parties of interest contacted, offers made, counteroffers, list of reasons settlement could not be reached, any other pertinent data), dated and signed by negotiator • Record contained in the log may assist in determining prospects for administrative settlement – if negotiations are unsuccessful, the record should contain documentation of negotiator’s recommendation for appropriate future action Administrative Settlements 49 CFR 24. 102(i) • Agency official approves settlement as reasonable, prudent and in the public interest • Federal-aid participation requires written justification supporting the settlement • Examples of issues appropriate to consider in administrative settlements: • Information contained in all available appraisal reports, including the owner’s • Substantial differences of opinion regarding valuation issues, such as the determination of highest and best use • Complexity of severance or other issues leading to uncertainty in value • Handling of legal issues in approved appraisals • Consideration of time to anticipated title transfer date • Likelihood of jury sympathy for the owner • Possibility of obtaining an unbiased jury • Recent court awards for eminent domain takings in the geographic area of the acquisition • Credibility of expert witnesses • Potential costs of litigation 66

Course Description This one day to two-day introductory course which provides Local Public Agencies Course Description This one day to two-day introductory course which provides Local Public Agencies (LPAs) with a working knowledge of Federal requirements and procedures for acquiring property for Federally-assisted transportation projects. The course focuses on applying the Uniform Act and related Federal Regulations to specific situations and issues. Designed as a hands-on, highly interactive learning experience, participants will be guided through a series of right-ofway (ROW) problem solving exercises and large group discussions. TARGET AUDIENCE: Those within local public agencies who are responsible for acquiring right-of-way for federally -funded projects, as well as those responsible for oversight of LPAs, in addition to FHWA personnel, consultants, Federal and State staff and other interested parties. 67

Federal-aid Essentials for Local Public Agencies 68 Federal-aid Essentials for Local Public Agencies 68

What is Federal-aid Essentials for Local Public Agencies? • A new Web site, and What is Federal-aid Essentials for Local Public Agencies? • A new Web site, and more! • An online hub of information LPAs can use to understand the Federal-aid Highway Program requirements § Dynamic videos § Illustrated examples § Printable takeaways § Expansive resources • Federal-aid Simplified! 69

Our Guiding Philosophy Easily accessible Easy to understand Self paced Available anytime 70 Our Guiding Philosophy Easily accessible Easy to understand Self paced Available anytime 70

Library of Video Modules • Modules cover 7 main categories • Categories reflect key Library of Video Modules • Modules cover 7 main categories • Categories reflect key activities of the Federal-aid Highway Program • Videos are about 4 – 7 minutes long • Concise content provided in plain language 71

Let’s take a look at the Web site! www. fhwa. dot. gov/federal-aidessentials 72 Let’s take a look at the Web site! www. fhwa. dot. gov/federal-aidessentials 72

Sample Topics in Library of Video Modules Main Categories Federal-aid Program Overview Civil Rights Sample Topics in Library of Video Modules Main Categories Federal-aid Program Overview Civil Rights Environment Finance Right-of-Way Project Development Project Construction and Contract Administration 73

Sample Topics in Library of Video Modules Federal-aid Program Overview • • • Stewardship Sample Topics in Library of Video Modules Federal-aid Program Overview • • • Stewardship and Oversight A Process from “Cradle to Grave” Funding Basics and Eligibility Project Requirements National Bridge Inspection Standards Procuring Consultant Services Civil Rights Environment Finance Right-of-Way Project Development Project Construction and Contract Administration 74

Sample Topics in Library of Video Modules Federal-aid Program Overview Civil Rights Environment • Sample Topics in Library of Video Modules Federal-aid Program Overview Civil Rights Environment • • • Overview of NEPA as Applied to Transportation Projects Environmental Impact Statement Purpose & Need, and Alternatives Public Involvement Agency Coordination Finance Right-of-Way Project Development Project Construction and Contract Administration 75

Sample Topics in Library of Video Modules Federal-aid Program Overview Civil Rights Environment Finance Sample Topics in Library of Video Modules Federal-aid Program Overview Civil Rights Environment Finance Right-of-Way • • • Introduction to Right-of-Way Requirements and the Uniform Act Property Management Acquisition and Negotiation Relocation Assistance Project Development Project Construction and Contract Administration 76

Federal-aid Essentials for Local Public Agencies www. fhwa. dot. gov/federal-aidessentials or LPA-feedback@dot. gov 77 Federal-aid Essentials for Local Public Agencies www. fhwa. dot. gov/federal-aidessentials or [email protected] gov 77

REFERENCES • UNIFORM ACT • • 1. A new FHWA website with “right to REFERENCES • UNIFORM ACT • • 1. A new FHWA website with “right to the point” LPA guidance: http: //www. fhwa. dot. gov/federal-aidessentials/ • • 2. Uniform Act Overview , NHI Web based Distance Learning Course #141045 (no charge) http: //www. fhwa. dot. gov/realestate/distlearn. htm • • 3. Uniform Act Tutorial, FHWA (no charge) http: //www. fhwa. dot. gov/realestate/uaintro. htm • • 4. Uniform Act Frequently Asked Questions http: //www. fhwa. dot. gov/realestate/ua/uafaqs. htm • • 5. Relocation and Appraisal, NHI courses http: //www. fhwa. dot. gov/realestate/trta 200. htm 0 -78

REFERENCES • LOCAL PUBLIC AGENCY • • 6. FHWA Gateway to Information on the REFERENCES • LOCAL PUBLIC AGENCY • • 6. FHWA Gateway to Information on the LPA program and other public websites http: //www. fhwa. dot. gov/federalaid/lpa/index. cfm • 7. Local Public Agency Real Estate Acquisition, NHI Web based Distance Learning Course #141047 (no charge) https: //www. nhi. fhwa. dot. gov/training/course_detail. aspx? num=FHWA-NHI 141047&cat=9&key=&num=141&loc=&sta=&tit=&typ=&lev=&ava=&str=&end=&drl= • • 8. FHWA Right of Way Requirements for Local Public Agencies, Office of Real Estate Services, (On site-by arrangement) http: //www. fhwa. dot. gov/realestate/ • • 9. Introduction to Federal-Aid Right of Way Requirements for Local Public Agencies, NHI Course #141050 ($400 fee) https: //www. nhi. fhwa. dot. gov/training/course_detail. aspx? num=FHWA-NHI 141050&cat=9&key=&num=141&loc=&sta=&tit=&typ=&lev=&ava=&str=&end=&drl= • • 10. FHWA Real Estate Acquisition publication-LPA Guidance http: //www. fhwa. dot. gov/realestate/lpaguide/index. htm • • 11. FHWA Gateway to Utility program information http: //www. fhwa. dot. gov/programadmin/utility. cfm 0 -79

REFERENCES • GENERAL TRAINING COURSES • • 12. FHWA RESOURCE- Realty Competency Navigator http: REFERENCES • GENERAL TRAINING COURSES • • 12. FHWA RESOURCE- Realty Competency Navigator http: //www. fhwa. dot. gov/real_estate/practitioners/rcb_navigator/ • • 13. NHI Training Catalog https: //www. nhi. fhwa. dot. gov/training/course_search. aspx • • 14. International Right of Way Association http: //www. irwaonline. org/EWEB/Dynamic. Page. aspx? Webcode=CSCEvents. Search • • 15. Appraisal Foundation http: //www. appraisalfoundation. org/s_appraisal/bin. asp? CID=78&DID=399&DOC=FILE. PDF 0 -80

MAP-21 and HEP Research • Highway Research and Deployment (HRD) • $13. 5 million MAP-21 and HEP Research • Highway Research and Deployment (HRD) • $13. 5 million Transportation Planning and Environmental Decision Making • Replaces the STEP program • Technology Innovation and Deployment (TIDP) • $2. 5 million reserved for environment and planning technology deployment. • Funds can be pooled among states to support R&D activities. • Federal match is up to 80% 0 -81

Field Involvement Ideas/suggestions to research coordinators Feedback on research being used Involvement with TRB Field Involvement Ideas/suggestions to research coordinators Feedback on research being used Involvement with TRB committees Coordination with State Research Coordinator Marketing/Promotion/Training on products Partnerships with AASHTO, NCHRP, CEE, and other agencies • SOW/Review Panels • Contribute to research (surveys, data calls) • • • 0 -82

Contact Information • • Office of Human Environment: – Kevin Adderly, Kevin. Adderly@dot. gov, Contact Information • • Office of Human Environment: – Kevin Adderly, Kevin. [email protected] gov, 202 -366 -5006 Office of Natural Environment: Adam. [email protected] gov, 202 -366 -1473 Office of Planning: Kenneth Petty, Kenneth. [email protected] gov, 202 -366 -6654 Office of Project Development & Environment Review: Michael Lamprecht, Michael. [email protected] gov, 202 -366 -6454 Office of Real Estate Services: Arnold Feldman, Arnold. [email protected] gov, 202 -366 -2028 CEE Cooperative Agreement: Mark Ferroni, Mark. [email protected] gov, 202 -366 -3233 SHRP 2 and NCHRP 25 -25 Quick Turnaround Research: Gary Jensen, Gary. [email protected] gov, 202 -366 -2048 EAR Program: Mary Frye, Mary. [email protected] gov, 202 -366 -0524 83

Questions and Answers • Phone lines are now open for questions. • Chat box Questions and Answers • Phone lines are now open for questions. • Chat box in lower left hand side of the screen. 0 -84

Right-of-Way Webinar Contacts • Carolyn Winborne James, National LPA Realty Program Coordinator FHWA, Washington, Right-of-Way Webinar Contacts • Carolyn Winborne James, National LPA Realty Program Coordinator FHWA, Washington, DC, (202)493 -0353 Carolyn. [email protected] gov • Kerry Paruleski, Wisconsin Department of Transportation, Statewide LPA Facilitator (414) 220 -5461 kerry. [email protected] wi. gov • Michele Palicka, Realty Specialist, FHWA Resource Center (404)562 -3918 Michele. [email protected] gov 0 -85