Function of Right-of-Way Branch

 
Acquires and manages lands, right-of-ways, easements and other real property interests required for the construction of highways and for other transportation projects on a state-wide basis.

Provides advisory relocation assistance and relocation payments to individuals, families, businesses including farm operators and non-profit organizations displaced by the Department of Transportation projects.

Disposes access rights, easements and airspace within highway rights-of-way and disposes of highway remnants authorized by the Department of Land and Natural Resources.

Monitors right-of-way activities by political subdivisions involved in County Federal-Aid projects statewide.

Negotiates for the acquisition of lands, improvements, easements and other real property interests required for state-wide transportation projects; reviews right-of-way maps and construction plans and makes a parcel by parcel ground inspection of the entire right-of-way for each project; recommends changes in parcel boundaries and proposes construction features to mitigate severance damages, if warranted; may assist the Deputy Attorney General assigned to the case in the acquisition of parcels by eminent domain proceedings; prepares Certificate of Right-of-Way costs and Tabulation of Appraised Valuation and retains the Master Certificate for each project; prepares and maintains an inventory of improvements purchased for each project; prepares and maintains the Acquisition Chart to keep a record of all parcels acquired and activities pertaining thereto; provides purchase transaction information to Internal Revenue Service and state Department of Taxation; prepares utility relocation agreements and negotiate with owners on property adjustments; prepares statistical reports on right-of-way acquisitions.

Prepares all preliminary and final title examinations required for highways and other transportation projects as assigned; prepares continuations of title examinations for the Land Acquisition Section prior to the drafting of deeds, petitions for Land Court Subdivisions, filing of condemnation action by the Attorney General's Office; provides expert testimony in court in condemnation cases involving disputes in land titles.

Prepares staff appraisals for all parcels, easements, access rights, construction parcels or other real property interests required for state-wide transportation projects; reviews both staff and consultant real estate appraisals for appropriateness and technical correctness and prepares a Report of Reviewer for each parcel; provides preliminary estimates of value for right-of-ways proposed for corridor public hearing by the Planning Branch and design public hearings by the Design Branch; negotiates fees and completion dates with selected fee appraisers; makes field inspections on a parcel by parcel basis for each project; provides supportive services to the Attorney General's Office in condemnation cases.

Prepares Relocation Program Plans for routes proposed by the Planning Branch and environmental impact statement for Federal Highway Administration review and approval of job authorizations for right-of-way acquisition; provides relocation advisory assistance services and payments to individuals, families, businesses including farm operations and non-profit organizations displaced by highways and other transportation projects; updates relocation assistance procedures whenever Federal or State laws governing relocation assistance are amended; computes replacement housing payments and moving expense allowances in accordance with Federal and State laws; administers the rental of real properties acquired as rights-of-way for highway projects; disposes improvements in conjunction with the clearing of rights-of-ways either by public auction sale or by requesting demolition; maintains records as supporting documentation and files reports on relocation activities as required by the Federal Highway Administration; prepares, executes, and monitors leases and permits on excess land; acts as Agent for the Department of Land and Natural Resources for the disposition of remnants that are surplus to highway needs.