Understanding the Right-of-Way Process

1. Understanding the Right-of-Way Process

2. Overview of ROW Process • Real Estate Services…an overview for reference • Appraising • Review Appraiser – Prepare Appraisal Problem Analysis • Determine type of appraisal needed • Outline specific issues to address • Appraiser – Prepare Appraisal • Determine and value cost to cures • State highest and best use • Specify personal vs. real property • Research current comparable sales in area • Assign value for property

3. Overview of ROW Process • Review Appraiser – Review Appraisal, recommend, accept or reject • Typically same person that does APA • Buying • Right-of-Way Agent • Prepare offer based on approved appraisal • Negotiate with property owners (Owner has 30 days to review offer) • Prepare and obtain signatures for necessary documentation to convey property &to arrange payment

4. Overview of ROW Process • Reviewer (INDOT) • Forward on to Office of Real Estate for approval prior to sending to Attorney General • Ensures procedures have been followed without errors • Forwards to Deputy Attorney General office for legal review • Relocation – Concurrent with Buying Process • Documents inventory for moving • Determines moving payment & housing or re-establishment eligibility, if any • Provides advisory services • Performs move inspection & notifies that ROW is clear for Relocation purposes

5. Overview of ROW Process • Property Management • District Office • Secure acquired properties • Asbestos inspection • Demolition contracts/auction • Maintain until contractor takes responsibility • Central Office • Coordinate payment and closing of transaction • Manage document recording, paying taxes • Track cleared properties for certification • Track excess land for resale

6. Overview of ROW Process

7. Review for ROW Item Conflicts • Review all clearing items needed for each utility • Review cost to cure items, demolition items, etc. • If  contract clearing will not be in time, then get utility to add these into its work if they are reimbursable • If utility is not reimbursable, then coordinate with designer for clearing options • Request  septic and well locations from designer and review against utility relocations

8. Developing ROW with Design • Provide right of way or account for easement space so that above ground utility facilities and their appurtenances will be outside the clear zone. • Provide right of way or account for easement space at each horizontal curve to accommodate the placement of utility facilities, including guy wires, overhead lines, etc. • Provide right of way or account for easement space to accommodate utility facilities at each signalized intersection. • Avoid abrupt changes in right of way that will disrupt the continuity of linear utility facilities.

9. Coordinate with ROW Manager • Right-of-way manager duties • Right of entry to include utility work and inquire with utility to see if it will work under right of entry • Constant communication with Right-of-Way manager and request to be included on Right-of-Way status reports • Utility easements for relocation • Coordinate with utility to expedite • Provide plat and descriptions to utilities • Coordinate with utility for land values • Combine ROW and easement offer process • Perform ROW staking for utility relocation work

10. Identify Critical Path & Parcels • Review critical path and critical parcels for each utility • Discuss with ROW manager in case this should impact ROWcritical path • Create utility master map to show this and share with ROW manager, design team, INDOT utility project manager, and INDOT project manager • Communication with project manager so that project manager can communicate with real estate and others • Accelerating a parcel

11. ROW The cumulative cost and impact of INDOT’s project and the relocation of utilities within easements must be accounted for. The design team must meet with all utilities prior to the establishment of INDOT’s ROW to determine and account for placement of all utilities in the area. Designers can make adjustments to decrease or increase ROW as directed by the project manager to address impacts to land owners and environmental constraints. INDOT has the authority to procure additional right of way to accommodate the relocation of utility facilities, IC 8-23-7-2. The procurement of right of way occurs early in the design process. The purchase of additional right of way as part of the design process can offset the potential impacts from a utility company to procure additional right of way at a later stage of project development.