OVERVIEW OF THE RIGHT OF WAY ACQUISITION
PROCESS TO BE COMPLIANT WITH ODOT POLICY AND PROCEDURES AND THE UNIFORM ACT
1. Notification:
a. The property owner must be
notified of their interest to be acquired, of their basic rights, and of the agency's obligation to secure an appraisal.
2. Titles:
a. Property ownership must be
researched and title reports prepared for all properties to be acquired.
b. All titles must be
prepared by an ODOT pre-approved agent.
3. Appraisals:
a. Fair market value
estimates (FMVE) must be established for properties to be acquired.
b. The appraisal format must
be ODOT compliant.
c. The owner shall be given
the opportunity to accompany the appraiser during the inspection of the property.
d. All appraisals must be
done by an ODOT pre-approved appraiser.
e. The appraisal must be
reviewed by an ODOT approved review appraiser for compliance; it is the reviewer who establishes FMVE - which shall not be less
than the approved appraisal amount and shall account for damages to the part not
taken.
4. Offers:
a. Review right of way and
construction plans with the property owner.
b. Communicate the appraisal
process to the owner, provide a copy of the appraisal to the property owner.
c. Make the offer based on
established FMVE; offer to include a Summary Statement based on Uniform Act and ODOT policy and procedures.
d. Offers are to be updated
as plans change or substantial time has elapsed.
e. The acquiring agency shall
not take any coercive action to induce an agreement.
f. Administrative settlements
may exceed the offered amount when reasonable and when in conformance with ODOT policy and procedures.
g. The owner must be paid the
agreed on sale price to taking possession, or, deposit in court the agency's estimated FMVE (appropriation action).
h. The agency must offer to
buy any uneconomic remnants.
i. Occupants of structures
are given at least 90 days to vacate.
j. Owners are afforded the
opportunity to retain structure or improvements.
k. All negotiations must be
performed by an ODOT pre-approved agent.
5. Relocation Assistance Benefits:
a. Must be afforded to all
qualified individuals and businesses.
b. Relocation benefits are
very complex. If a structure or personal property is encountered on a project, it is recommended that the LPA contact ODOT for
further guidance.
c. All relocation activities
are to be performed by ODOT pre-qualified agents.
6. Closings:
a. All funds are received and
dispersed. All taxes, liens, mortgages, etc., are addressed.
b. All closings are to be
handled by ODOT pre-approved agents.
This brief overview of ODOT's acquisition process is to be used for illustration
purposes only. This listing does not attempt to account for every step in the
acquisition process, and is only meant to illustrate the basic requirements in the
process. All acquisition projects present their own set of variables that must be
taken into consideration when determining the best course of action. Any LPA that is
contemplating a highway project that involves right of way acquisition, and includes state
or federal funding, must contact their ODOT district office for further guidance.
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