Right of Way Technical Subcommittee Welcome: Introductions: Jeff - - PowerPoint PPT Presentation

▶
right of way technical subcommittee welcome
SMART_READER_LITE
LIVE PREVIEW

Right of Way Technical Subcommittee Welcome: Introductions: Jeff - - PowerPoint PPT Presentation

Sep 06, 2023 213 likes •698 views

Right of Way Technical Subcommittee Welcome: Introductions: Jeff Hoge, Tennessee DOT, Chair Rob Stapley, Montana DOT, Vice Chair Jennifer Williams, Arkansas DOT, First Alternate Casey Soneira, AASHTO Liaison, Program Manager for

slide-1
SLIDE 1

Right of Way Technical Subcommittee

slide-2
SLIDE 2

Welcome:

Introductions:

  • Jeff Hoge, Tennessee DOT, Chair
  • Rob Stapley, Montana DOT, Vice Chair
  • Jennifer Williams, Arkansas DOT, First Alternate
  • Casey Soneira, AASHTO Liaison, Program Manager for Engineering
  • Mary Ridgeway, FHWA Liaison, Director, Office of Real Estate Services
  • Marshall Wainright, FHWA Liaison, Lead Realty Specialist
slide-3
SLIDE 3

Welcome:

A Thank You to AASHTO’s sponsors:

Premier Sponsors: Capitol Sponsors:

AECOM.COM HNTB.COM WSP.COM/USA BENTLEY.COM JACOBS.COM

slide-4
SLIDE 4

ROLL CALL

slide-5
SLIDE 5

Membership:

Jennifer Williams, Arkansas DOT :

  • Joining CRUO
  • Right of Way Subcommittee
  • Right of Way Technical Councils
slide-6
SLIDE 6

https://rightofway.transportation.org/membership/

slide-7
SLIDE 7

Create Your A AASHTO U User Acco ccount First st!

slide-8
SLIDE 8

Becomi ming a Commi mittee M Member of CR

CRUO

  • ONE Voting & Up to TWO Non-Voting Members per State
  • Submit Letter from State CEO to AASHTO HQ or Donna Tamburelli

(dtamburelli@aashto.org)

  • ONE “Friend of CRUO” per Company or Academic Institution
  • Submit Letter of Rationale to AASHTO Liaison, Casey Soneira

(csoneira@aashto.org)

slide-9
SLIDE 9

Becoming a a Member er o

  • f the R

Right o

  • f Way Subcommittee

ee

  • ONE Voting & UNLIMITED Non-Voting Members per State
  • ONE “Friend of CRUO” per Company or Academic Institution
  • Contact AASHTO Liaison, Casey Soneira (csoneira@aashto.org)

AND

  • Contact one of the following:
  • Chair Jeff Hoge, TN DOT
  • Vice Chair Rob Stapley, MN DOT
  • 1ST Alternate Jennifer Williams, AR DOT
slide-10
SLIDE 10

Becoming a a Member o

  • f the R

ROW T Technical C Councils

  • ONE Voting & UNLIMITED Non-Voting Members per State
  • ONE “Friend of CRUO” per Company or Academic Institution
  • Contact AASHTO Liaison, Casey Soneira (csoneira@aashto.org)

AND

  • Join ANY or ALL of the ROW Technical Councils, contact:
  • ROW Engineering: Genevieve Haller DelDOT
  • ROW Appraisal, Appraisal Review: Hugh Hadsock, SC DOT
  • ROW Acquisition & Program Mgmt/LPA: Norm Pawelczyk, WI DOT
  • ROW Property Management: Olu Okunola, MD DOT
  • ROW Relocation: Larry Doyle, MI DOT
slide-11
SLIDE 11

FHWA Updates:

Marshall Wainright:

  • Virtual Training Opportunities
  • Early Acquisition Peer Exchange
  • Regional Right of Way Summits

Mary Ridgeway:

  • Regulatory Process on 49 CFR Part 24
  • Policy Guidance Updates
slide-12
SLIDE 12

Nati tion

  • nal C

Cooperati tive H Highway R Resea earch ch P Prog

  • gram

David M. Jared, P.E., Senior Program Officer, NCHRP

How NCHRP Can Help

  • Research funding
  • AASHTO role
  • Funding types
  • Process
  • Research management
  • Ongoing projects of interest
  • Active projects
  • Research implementation
slide-13
SLIDE 13

Active/Pen ending R ROW Resea earch ch P Proj

  • ject

ects

  • 1 active: 11-08
  • 3 pending: 15-70, 20-123, 08-148
slide-14
SLIDE 14

Asses essing P Practic ices f for

  • r R

ROW A Acq cquis isit itio ion a and Reimbursem ement f t for Ut Utility ty R Reloc

  • cati

tion

  • ns (

(11-08)

  • Objectives:
  • Identify effective statutory means, agency policies, and project development

procedures STAs use to acquire ROW and compensate for utility relocations;

  • Develop guidelines STAs et al. may use to enhance effectiveness of practices
slide-15
SLIDE 15

Valuation o

  • f Permitting U

Utility a and C Communications Installations i s in Publ blic R ROW ( (15 15-70)

  • Prepare guidelines and collection of approaches to evaluate

and charge for accommodation of utility and communication installations on public ROW

slide-16
SLIDE 16

Merge a and Up Update Polic licy on t the A Accommodation of Utili ilitie ies Withi hin F n Freeway R ROW a and d Guide de for A Accommoda dating ng Utili ilitie ies W Within in H Hig ighway R ROW (20-123/ 123/Task 6 6)

  • Merge and update these two important documents
  • Both have not been updated since publication (2005)
slide-17
SLIDE 17

Utility A Aba bandonmen ent, Out Out o

  • f S

Ser ervice P e Plant, and nd Decommissioning g wi without R Removal o

  • n Public R

ROW ( (08-148) 48)

  • Minimize impacts due to OOS facilities by…
  • Documenting and analyzing effective practices in permitting utility occupancy in

public ROW

  • Managing OOS facilities via utility coordination before, during, and after

construction

  • Produce “Scoping Guide" defining effective practices, policies, and actions

for STA use in similar situations

slide-18
SLIDE 18

In cl closin ing…

  • For more information: http://www.trb.org/NCHRP/NCHRP.aspx
  • Thank you!
  • Questions?
slide-19
SLIDE 19

ROW Subcommittee Organization

slide-20
SLIDE 20

Technical Council on ROW Engineering:

Genevieve Haller, Delaware DOT:

  • NUMBER OF TELECONFERENCES

5

  • NUMBER OF COMMITTEE MEMBERS (AS OF 6/1/2020)

63

  • CONSULTANT AFFILIATE MEMBERS

11

  • NUMBER OF STATE MEMBERS

32

  • AVERAGE PARTICIPANTS PER CALL

25-30

slide-21
SLIDE 21

Technical Council on ROW Engineering:

  • Formed after informal presentation at 2019 CRUA in Chattanooga
  • Serve as go-between for design and real estate
  • Support those who create/review/utilize right of way plans
  • Call Content
  • The List – Catalog of topics, problems, solutions
  • Tips & Tricks – Helpful hints, sharing of methods
  • New Methods & Innovations – Latest trends and techniques
slide-22
SLIDE 22

Technical Council on ROW Engineering:

Concern: TIME Goal: Increase times for RW processing

  • Common Problems
  • Scope of work controls review start time
  • Time constraints prevent proper research
  • Site-specific discoveries after final plans
  • Practical Solutions
  • Set realistic time frames for RW reviews
  • Start review at 0% or survey stage, if permitted
  • Work with Design teams to set corridor or LOCKDOWN
slide-23
SLIDE 23

Technical Council on ROW Engineering:

Concern: DOCUMENTATION Goal: Proper research & notation RESEARCH

  • Common problems
  • All impacted RW is not being verified
  • Encumbrances are not always shown
  • Title Searches aren’t always accurate/complete
  • Lack of resources – not all jurisdictions are online
  • Time frame doesn’t permit proper research
  • Practical Solutions
  • Adjust review schedules based on scope of work
  • Supplement title searches as needed to verify ownership of RW
  • Ancestry.com may be a resource
slide-24
SLIDE 24

Technical Council on ROW Engineering:

Concern: DOCUMENTATION (Continued) Goal: Proper research & notation PLANS

  • Common Problems
  • RW/CP combined plans are too congested!
  • Symbology conflicts
  • Practical Solutions
  • Separate plan sets: RW and CP
  • Modify symbology on RW plans
slide-25
SLIDE 25

Technical Council on ROW Engineering:

Concern: COMMUNICATION Goal: Bridge gap between RW/Eng

  • Common Problems
  • Different interpretation of policies
  • RW/Eng teams unaware of the other’s needs
  • RW/Eng teams don’t understand the other’s terminologies
  • Practical Solutions
  • Kickoff meetings
  • Progress meetings throughout design phases
  • Open door policies between all teams
  • Document all communication
slide-26
SLIDE 26

Technical Council on ROW Engineering:

Concern: TRAINING Goal: Options for DOTs This subject is focus of current discussions

  • Common Problems
  • Few opportunities specific to RWE
  • Senior staff retiring, newbies lack knowledge
  • Practical Solutions
  • Informal Training
  • Formal Training
slide-27
SLIDE 27

Technical Council on ROW Appraisal & Appraisal Review:

Hugh Hadsock, South Carolina DOT:

  • NUMBER OF TELECONFERENCES

3

  • NUMBER OF COMMITTEE MEMBERS (AS OF 6/15/2020)

111

  • CONSULTANT AFFILIATE MEMBERS

5

  • NUMBER OF STATE MEMBERS

101

  • AVERAGE PARTICIPANTS PER CALL

39

slide-28
SLIDE 28

Technical Council on ROW Appraisal & Appraisal Review:

Focus Areas:

  • Staffing
  • Salaries: Salary.com suggests that most commercial appraisers (certified

general) make between $84,118 and $112,188/year

  • Attract and Retain: once attractive government benefits packages have been

depletedto where they are not significantly better than the private sector

  • Aging work force: retirements and lack of youth in the industry
slide-29
SLIDE 29

Technical Council on ROW Appraisal & Appraisal Review:

Valuation issues:

  • Railroad properties
  • Ability/Inability to condemn
  • Admin fees to gain priority
  • Temporary Easements
  • Time period used
  • Valuation Rate
slide-30
SLIDE 30

Technical Council on ROW Appraisal & Appraisal Review:

Valuation issues:

  • Fiber Optics in the Right of Way
  • No consistent approach across states
  • Administrative fees
  • Valuation of Surplus Property
  • Varies greatly due to state law
  • Problem area for many agencies
  • Appraisal Waivers
  • Staff or appraiser
  • Ability to condemn?
slide-31
SLIDE 31

Technical Council on Acquisition & Program Management/LPA:

Norm Pawelczyk, Wisconsin DOT:

  • NUMBER OF TELECONFERENCES

3

  • NUMBER OF COMMITTEE MEMBERS (AS OF 4/15/2020)

84

  • CONSULTANT AFFILIATE MEMBERS

5

  • NUMBER OF STATE MEMBERS

55

  • AVERAGE PARTICIPANTS PER CALL

30

slide-32
SLIDE 32

Technical Council on Acquisition & Program Management/LPA:

  • HIGHLIGHTS OF MEETING: August 27, 2019
  • Reviewed topics from the survey to discuss at these meetings
  • Looking for a vice-chair.
  • How do states handle more project work with the same amount of staff
  • Consultant oversight
  • Project management issues
  • Electronic signature processes for Acquisitions
slide-33
SLIDE 33

Technical Council on Acquisition & Program Management/LPA:

  • HIGHLIGHTS OF MEETING: December 10, 2019
  • Posting of Committee Information
  • Sale of Surplus Land Discussion
  • Federal Land Transfers
  • Sources Used for Recruitment of Staff for Eminent Domain
slide-34
SLIDE 34

Technical Council on Acquisition & Program Management/LPA:

  • HIGHLIGHTS OF MEETING: April 1, 2020
  • Notarization
  • COVID-19 - How are you overcoming challenges?
  • Acquisition Agents
  • What techniques are acquisition staff using during the

negotiation process?

  • Appraisals-Techniques to Share

Link to AASHTO Subcommittee Resources Stored on Box https://wisdot.box.com/s/wm04xv84ha5n4wzgnzafcvma1uqve3fj

slide-35
SLIDE 35

Technical Council on Relocation:

Larry Doyle, Wisconsin DOT:

  • NUMBER OF TELECONFERENCES

4

  • NUMBER OF COMMITTEE MEMBERS

39

  • CONSULTANT AFFILIATE MEMBERS

5

  • NUMBER OF STATE MEMBERS

34

slide-36
SLIDE 36

Technical Council on Relocation:

  • FHWA Training

The Federal Highway Administration (FHWA) Resource Center offers Right-of-Way training to DOT’s and local agencies across the country. FHWA is revamping the NHI Relocation Course which will be a hybrid of an on-line instructor led course and self-paced online course. There will be 2 relocation courses – one for basic residential relocation and one for non-residential relocation.

  • Uniform Act Notice of Proposed Rulemaking (NPRM)

The Uniform Act NPRM was published in the Federal Register for comment in 2019. Many of the proposed changes address MAP-21 updates. Comments were due Mary 17, 2020. The Council discussed several of the proposed changes including the State DOT’s process for inspecting comparable replacement dwellings. Many states currently do inspect all comparable dwellings so the regulation changes would not be an issue.

slide-37
SLIDE 37

Technical Council on Relocation:

  • Negative Equity Waiver

FHWA conducted a study in 2019 to examine the extent of recovery for single family residential property sales to determine if the Temporary Waiver for calculating the Replacement Housing Payment for Negative Equity should sunset or continue. There are a few states that are still using the Negative Equity Waiver and FHWA extended the waiver to the end of 2020.

  • Non-Residential Moving Cost Payment Study

FHWA is looking for ways to streamline the process for non-residential moving costs. A study was completed in 2019 and FHWA is considering utilizing something similar to the Residential Moving Cost Schedule. The study indicated that some states are using a moving cost finding for low cost/uncomplicated personal property only moves and there is interest in having FHWA streamline the process for nonresidential moving cost determinations.

slide-38
SLIDE 38

Technical Council on Relocation:

  • Relocation and the Homeless

Some states asked about how relocating the homeless is handled. In addition to a Right-of-Way issue, the homeless are also considered an Environmental Justice issue. The homeless are entitled to advisory services, however, these advisory services are to arrange social services and other advocacy groups who can assist them. Homeless are not there lawfully and are not entitled to other relocation expenses under the Uniform Act.

slide-39
SLIDE 39

Technical Council on Relocation:

  • Covid 19 Impacts of Right of Way activities

There was general discussion on how states are completing Right-of-Way activities during the COVID-19 pandemic. While the council discussed all aspects of Right-of-Way, those related specifically to relocation include:

  • Using FaceTime or Microsoft Teams to walk through the house with the

property owner for inspections.

  • Not doing an internal site inspection for all comparables.
  • Postponing residential and business moves if the project schedule allows
slide-40
SLIDE 40

Technical Council on Property Management:

Olu A. Okunola, Maryland DOT:

  • NUMBER OF TELECONFERENCES

4

  • NUMBER OF COMMITTEE MEMBERS

63

  • CONSULTANT AFFILIATE MEMBERS

1

  • NUMBER OF STATE MEMBERS

58

  • AVERAGE PARTICIPANTS PER CALL

18

slide-41
SLIDE 41

Technical Council on Property Management:

Topics of Interest:

State DOT Right-of-Way Property Management Topic Alaska

How to coordinate with other State Agencies when there are conflicts Right-of-Way Management – Subsurface/Mineral Rights

Maine

Developer projects having adverse influence on existing right-of-way processes

Maryland

Marketing of Excess Land Cost Benefit Analysis of Property Management program Access Breaks

Michigan

Handling and maintaining property inventory and data Processes of disposing of surplus property Online Auctions

Montana

Valuation of Airspace rights for transit across full access Interstates

New York

Fiber valuation

Oregon

How SDOTs maintain their inventory

Washington

Wireless requests within the right-of-way in relation to 5G Valuation issues regarding wireless requests within the right-of-way Master Agreements – Small cells sites on Utility poles (Dark Fiber)

slide-42
SLIDE 42

Technical Council on Property Management:

Fair Market Value Rates for Fiber Optics within the ROW (Rob White, Vermont)

  • Commissioned a study, still in planning phase
  • Factors Affecting Value include topography, destinations, market surveys and comparable rates

from other states.

  • Rates evaluated on a linear-foot basis were determined by considering the value for base capacity
  • f the fiber optics, rates for crossings, multiplier rates based on the fiber optic’s base capacity (no.
  • f strands), Urban/Suburban service area and the economic/land value
  • Further value considerations included corridor value, difficulty to move the fiber optics line

should there be a conflict with a future transportation project and the risk to the State of Vermont.

slide-43
SLIDE 43

Technical Council on Property Management:

Fair Market Value Rates for Fiber Optics within the ROW

  • New York DOT discussed that it expects new legislation that would permit fees up to the fair

market value to be enacted soon. The fair market value determination would rely on population density, length of the fiber and the number of strands. Payments to New York by entities using the right-of-way for fiber optics purposes would be a fee schedule.

  • New Jersey DOT was interested on how fair market value was determined. Vermont explained

that the methodology was CPA-based valuation like approaches when valuing a business as

  • pposed to the familiar real estate appraisal methods.
slide-44
SLIDE 44

Technical Council on Property Management:

Developing and managing Extra Land Inventory

  • Difficult to reliably answer inquiries on a program wide basis with existing Microsoft Access based

inventory system.

  • Inventory development involved rigorous the research of right-of-way acquisition documents,

past conveyances, evaluation of uneconomic remnants and reconciliation with property tax records.

  • Property boundaries were plotted and published on a GIS platform
  • Integrated with the department’s Real Estate Management System where all parcel attributes

such as size, use, environmental features, and disposal activities are tracked.

slide-45
SLIDE 45

Survey Questions:

Rob Stapley, Montana DOT

  • What challenges have you encountered to your property valuation

program due to COVID-19?

  • What solutions have you implemented to your property valuation

program due to COVID-19?

  • What challenges have you encountered to your property negotiation

program due to COVID-19?

  • What solutions have you implemented to your property negotiation

program due to COVID-19?

slide-46
SLIDE 46

Survey Results:

  • What challenges have you encountered to your property valuation

program due to COVID-19?

  • On site inspections, particularly interior inspections
  • Allowing the property owner to accompany the appraiser
  • Research and records inspections
  • Solutions
  • Waive interior inspections, rely on secondary sources (photographs)
  • Electronic review & approval; digital signatures
  • Alternative communication methods (facetime, zoom, etc.)Digital

research/title services

slide-47
SLIDE 47

Survey Results:

  • What challenges have you encountered to your property negotiation

program due to COVID-19?

  • Inability to meet in person to explain complicated acquisitions/relocations
  • Notary services, Court house closures
  • Mail slows the process
  • Solutions
  • Alternative communication methods (facetime, zoom, etc.)
  • Electronic signatures; remote notarization
slide-48
SLIDE 48

Open Discussion:

Jeff Hoge, Tennessee DOT

  • Notice of Proposed Rulemaking – 49 CFR Part 24
  • Broadband on the interstates
  • Billboard acquisition/relocation
  • …
  • Summary of Action Items