NWR LPE Update WSDOT NWR Local Programs Frequently Asked ROW - - PDF document

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NWR LPE Update WSDOT NWR Local Programs Frequently Asked ROW - - PDF document

NWR LPE Update WSDOT NWR Local Programs Frequently Asked ROW Questions Mehrdad Moini, PE (206) 440-4734, moinim@wsdot.wa.gov 7/2019 Does My Project Need ROW ? Can your project be built In its entirety within current ROW? Do you require


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NWR LPE Update

WSDOT NWR Local Programs

Frequently Asked ROW Questions

Mehrdad Moini, PE (206) 440-4734, moinim@wsdot.wa.gov

7/2019

Does My Project Need ROW ?

  • Can your project be built In its entirety within current ROW?
  • Do you require and temporary construction easements? TCE’s
  • ften number one issue for Ad delays.
  • Do you require a permit?
  • Is the temporary permit between another governmental

agency?

  • Review Chapter 25 LAG ‐ Section 25.4 (ROW Acquisition)
  • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3

6‐63/Lag25.pdf

  • LTAP Training Opportunities –
  • When in Doubt……….. Call David!!!! Early and Often!

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What is required to start ROW acquisition w ith Federal Dollars?

  • Project is on the STIP
  • Approved NEPA – (current and less than 3 years old) ‐
  • PFE – Project Funding Estimate – Project Funding Estimate (PFE) is a detailed parcel‐by‐parcel

estimate of total expected right of way acquisition costs and is used to obtain authorization and funding for the project. A PFE is required if any appraisals are planned to be waived, and the Agency intends to prepare waiver valuations for any of the parcels on the project. A PFE is based on market transactions (sales) that reflect the current real estate market. Ideally, it is completed by an appraiser, an appraisal reviewer, and a relocation expert. Other ROW staff with appropriate experience, including qualified consultants, may also prepare a PFE. https://www.wsdot.wa.gov/publications/manuals/fulltext/M36‐63/Lag25.pdf

  • Approved ROW Plans – A ROW Plan indicating the property required to build and maintain the transportation

project is required. A right of way plan is a valuable visual‐aid tool for negotiators, appraisers, and attorneys involved in acquisition

  • transactions. It also helps property owners understand why and how their properties are being acquired.

https://www.wsdot.wa.gov/publications/manuals/fulltext/M36‐63/Lag25.pdf

  • Approved relocation plans ‐

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NWR LPE Update

Do state funded projects need a ROW Certification

While there is an expectation that the uniform process will be followed on State Funded projects a certification process by Local Programs is not required.

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What is ROW Certification?

  • A statement that sufficient property rights to construct,
  • perate, and maintain the facility as shown on the PS&E

have been obtained

  • ROW is clear of encroachments
  • ROW was been acquired with the URA and /or the Federal

Land Transfer Process

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What are the three kinds of ROW certifications ?

  • Certificate 1 (most preferred)
  • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3

6‐63/Lag25.pdf

  • Certificate 2
  • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3

6‐63/Lag25.pdf

  • Certificate 3 (least preferred)
  • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3

6‐63/Lag25.pdf

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NWR LPE Update

What is a Certification 1 ?

  • All necessary rights have been acquired
  • Deed or physical possession and use obtained … Legal ownership not

mandatory

  • Trial or appeal cases may be pending but legal possession
  • All occupants have vacated the ROW
  • Right to enter on all land
  • Right to remove salvage or demolish any remaining

improvements

  • WSDOT does not allow CERT 1 on a possession and use

agreement

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What is a Certification 2 ?

  • Right to occupy all ROW
  • Trial or appeal of some parcels may be pending
  • Some parcels have rights to entry only. Possession and use or legal ownership

has not been obtained.

  • All occupants have vacated the ROW
  • Right to enter on all land
  • Right to remove salvage or demolish any remaining

improvements

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What is a certification 3 ?

  • All ROW not acquired
  • Acquisition of a few parcels not complete
  • All occupants have had replacement housing made available

per 49 CFR 24.204 but may not have moved

  • Justification is required
  • Full explanations and reasons
  • Identify each outstanding parcel
  • Provide realistic date of physical occupancy and use

TWO certification options Excepted Parcel and Time Based

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NWR LPE Update 4

Certification 3 cont.

Time based

  • Agreement that payment and relocation be completed prior to bid opening
  • Allows use of time between ad and bid opening

Excepted Parcel

  • Must notify bidders of locations where right of occupancy not obtained
  • Contractors must work around the parcel
  • Rarely used

Certification 3 should be an exception

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Who do I contact if I have ROW questions?

  • David Narvaez HQ’s Local Programs for NWR

(206) 440-4205, narvaed@wsdot.wa.gov

  • Mehrdad Moini, PE – Local Programs Engineer

(206) 440‐4734, moinim@wsdot.wa.gov

  • Renae Larson – Snohomish/ N. King Co
  • Sayma Rahman – S. King Co.
  • Tareq Al‐Zeer – Skagit, Whatcom, Island & San Juan

Co.

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Questions

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