Monitoring Acquisition/relocation Projects

1. Monitoring Acquisition/relocation Projects William Von Klug, SR/WA, R/W-RAC January 13, 2009

2. Soothsaying and Monitoring • Economic problems • Cause of economic problems • New president will@vkainc.com

3. Predictions • One solution proposed is the create massive public work projects. This should entail federal funding of projects that will require the purchase of Right of Way • Because one of the causes of the economic problems was lack of regulation it is reasonable to assume that there will be closer monitoring of federally funded projects will@vkainc.com

4. Why is there monitoring • Local agency is funded by another agency like FHWA, DHUD and similar agencies • State law established that a state agency had the power to oversee acquisition/relocation projects • Golden rule applies will@vkainc.com

5. Definition • In depth monitoring review • By a technically proficient person • With an agreed upon purpose for the review will@vkainc.com

6. In depth monitoring • Requires a visit to the displacing agency • Examination of case files • Interviews with displaced persons • Inspection of replacement dwellings/business sites • Review and confirmation of accuracy of documentation will@vkainc.com

7. Technically proficient person • Person will have knowledge in area they are monitoring. • They may have limited experience in administering activities • They will have no personal experience in the cases they are monitoring • They will have to rely 100% on what they find in the files and the interviews they conduct. will@vkainc.com

8. Agreed upon purpose • Project or program was carried out in compliance with statutory or regulatory provisions • Emphasis should be twofold • Protection of people impacted by project • Protection of public from unnecessary and inappropriate payments will@vkainc.com

9. The real world agreement of purpose • There is not always a meeting of the minds • A HUD directive 1374 .0 stated that the purpose of in depth monitoring was to insure that there was protection for occupants and/or owners of real property that is acquired, demolished or rehabilitated. will@vkainc.com

10. What a monitor is really looking for • Was advisory assistance offered? • Were people treated fairly? • Paid just compensation • Received all relocation benefits • Were the public funds protected? • Was just compensation exceeded? • Were people paid greater relocation benefits than necessary will@vkainc.com

11. Step one • Make sure there is a meeting of the minds of the purpose of the monitoring • This actually begins when you ask for the funding • The funding agency may give you indication of their emphasis • Know the rules of the funding agency • Know the philosophy of the funding agency • Know the person that will be doing the monitoring will@vkainc.com

12. Step 2Decide if the cost of the funding is worth it • Your agency may want to move so fast that compliance with the URA is not in their best interest • There may be philosophical differences between your agencies elected/appointed officials that makes strict compliance with URA difficult to accomplish will@vkainc.com

13. Step 3Determine what policies are discretionary • There are many discretionary policies that an agency has the right to establish • Write policies for these discretionary areas • Adopt the policies will@vkainc.com

14. Examples of discretionary policies • Administrative settlements • Occupancy standards • Self move procedures • Advanced payments • Documentation requirements for some payments • Appeal procedures • Other relocation payments will@vkainc.com

15. An example of impact of differing policies • Background • Family of 5 living in two bedroom apartment • Family consists of 3 adults; a husband and wife and the wife’s brother and two children; a 14 year old male and a 13 year old female • Options for comparable depending on occupancy standards are two bedroom, three bedroom and four bedroom will@vkainc.com

16. Pre approval of policies and procedures • After you have created policies and procedures send them to the funding agency that will be monitoring your projects. • Ask them to review, comment and approve the policies and procedures • Pick your battles will@vkainc.com

17. Step 4Adopt procedures for acquisition and relocation • Every agency is different agency must have a process set up to carry out activities whether they are completed by staff or consultants • Agency must have control of process • Process must be followed UNIFORMLY • Process must be followed consistently will@vkainc.com

18. Documentation • Remember that the person monitoring the files does not have your knowledge of the case. They only know what is in the file • TRY TO HAVE THE FILE SET UP SO THAT IT CAN BE READ AS A STAND ALONE DOCUMENT • CONSIDER YOUR READER will@vkainc.com

19. Documenting a relocation file • Brief narrative explaining why the entity was relocated • Copy of portion of relocation plan identifying entity • Relocation diary • Correspondence will@vkainc.com

20. Documenting a relocation file • Relocation notices • Letter of eligibility should include Housing valuations • Requests for compensation • Copy of receipted checks • Copy of all claims • There should be a memo to the file explaining calculations; if appropriate will@vkainc.com

21. Examples of documentationAcquisition • Acquisition file • A brief narrative why the parcel was acquired. Including the name of the project. • A copy of the appraisal • A copy of the review appraisal • A copy of the agencies establishment of just compensation • A copy of the offer of just compensation demonstrating that bona fide negotiations took place will@vkainc.com

22. Examples of documentationAcquisition • The negotiators diary of the negotiations • A copy of closing documents • A narrative that explains any anomalies in the acquisition • Evidence that compensation was paid • A copy of deeds will@vkainc.com

23. FINAL THOUGHTS • There will be more monitoring in the future • You need to understand what the specific monitor is looking for and recognize his/her philosophy • Pick your battles • Create and follow policies and procedures • Ignore your ego; your job is to fairly acquire and relocate people with public funds will@vkainc.com