ODOT Right of Way Section

1. ODOT Right of Way Section • Where does the R/W Section fit within ODOT? • What do we do? • How does ODOT R/W affect LPA’s? • How does an LPA acquire property? • Why is ODOT involved? • Are there any written agreements?

2. ODOT Right of Way Section • Federal Requirements • Right of Way Manual • How to avoid or minimize project delays & cost overruns • What can cause a missed deadline or project milestone

3. Where does R/W fit within ODOT? • Oregon Transportation Commission • Oregon Department of Transportation • Director of Transportation • Highway Division • Technical Services • Right of Way (one of 6 sections in TS)

4. What does R/W do? • R/W administers ODOT’s eminent domain programs & policies. Has oversight of all R/W activities including appraisal, acquisition, relocation and property management. And • In cooperation with FHWA, R/W implements Public Law 91-646, the Uniform Relocation Assistance & Real Properties Acquisition Policies Act of 1970, as amended. Commonly referred to as the Uniform Act.

5. How Does an LPA acquire property? • There are three ways for an LPA to acquire property: • ODOT acquires on behalf of an LPA • LPA acquires • Consultant acquires on behalf of an LPA

6. Why is ODOT involved? • FHWA places overall responsibility for County and City Federal Aid Road Projects with ODOT. • ORS 35.510 requires that when any program or project is undertaken by a public entity, resulting in acquisition of real property, the uniform act will be followed for relocation and acquisition.

7. Are there any written agreements? • ODOT and the LPA enter into a services agreement. • ODOT requires the LPA to pass a resolution stating whether or not they will condemn if necessary.

8. Federal requirements. • Funding responsibilities for federal aid hwy programs require that ODOT R/W must approve of an LPA doing its own acquisitions or any contracts between an LPA and a private consultant for R/W services where federal or state hwy funds would be involved.

9. Right of Way Manual. • The R/W Section has published a State Right of Way Manual covering all applicable laws & regulations. • The Right of Way Manual is available electronically or hard copy. • The ODOT R/W Manual (or approved substitute) must be followed if federal aid is used in any phase of a project.

10. How To avoid or minimize project delays and cost overruns. • Address land title problems early. • Involve the Review Appraiser early in the acquisition process. • Ensure all environmental issues are resolved before beginning R/W acquisitions. • Prepare and follow your access management plan.

11. More ideas on project delays and cost overruns. • Educate yourself at the state and federal level. Read and understand the R/W Manual. • ODOT is your friend (really!) Involve us early and often. We’re from the government and we really are here to help you!

12. What can cause a missed deadline or project milestone? • R/W Funding. Obtain the necessary funding and get it authorized by ODOT. • Personnel. Ensure you have adequate personnel for the size of your project. • A poor design, lack of attention to detail or project creep can make your life miserable. Check everything twice, do it once!

13. What else can cause a missed deadline or project milestone? • Ineffective decisions. Make the best possible decision and stick to it. • Leadership. The project leader must be decisive. • Understand property rights and what you need for the project. A temporary easement when you really need a fee acquisition will wreak havoc on your project.

14. Who can I contact for more information? Your local ODOT R/W office. Portland 503-731-8400/Craig Anderson Salem 503-986-2601/Jean Celia Roseburg 541-957-3559/Gary Taylor Bend 541-388-6196/David Brown LaGrande 541-963-7552/Joe Gray

15. Are there any online resources? • FHWA www.fhwa.dot.gov/realestate • ODOT www.oregon.gov/odot/hwy/row