S50_Fifty Ways to Lose Your Money Preservation of Federal Money in Right of Way Acquisition_LTC2013

7/29/2019 S50_Fifty Ways to Lose Your Money Preservation of Federal Money in Right of Way Acquisition_LTC2013

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JAMES R. HALL, SR.

REALTY OFFICER

FEDERAL HIGHWAY ADMINISTRATIONOFFICE PHONE: 225-757-7625

EMAIL: [email protected]


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Non- Uniformity

Corruption

Mistreatment of owners and occupants


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Proposed Schedule

Environ Design ROW Let Date

What really happened to schedule


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The Uniform Relocation Act and

implementing Federal regulations

require not only minimum timeframes, but also a series of requiredactions.

If these are eliminated from yourschedule, your ship ($$$) will sink!


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Following is a list of 50+ ways you may fail to

comply with the URA or the regulations and putyour Federal funds in jeopardy. This list is NOTall-inclusive!

You could lose part of a parcels funding, all ofa parcels funding, or all funding for a project

it all depends.


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1. ROW process started prior to funding Authorizationfrom FHWA (DOTD must obtain FHWA authorizationin Writing or Electronically).

2. ROW process started before completion ofEnvironmental clearance (NEPA).

3. ROW process started without having ApprovedROW Procedures.


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4. Records must be kept to document the acquisition and propertymanagement activities (Reviews and Audits are real).

5. Use Coercion to obtain real property Lose Project Funding.

6. ROW process started with outdated Approved Right of WayProcedures.

7. Real property interest acquired for projects shall be adequate forconstruction, operation and maintenance of the resulting facility (Ifyou do not own it you cannot build on it).

8. DOTD is responsible for other public land acquisition organizationsor private consultants who preform Acquisition Services for the

Agency (Parishes, other state agencies, LPAs, private agencies etc.)LDOTD must ensure their compliance with federal and state law.Noncompliant No Funding.


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9. Just Compensation (amount $$ paid to property owner) must beapproved by a responsible official of the LDOTD or Parish official if anLPA.

10. Fail to inform donating owner of his or her right to Fair Market Value(FMV).

11. Agency fails to notify the donating owner of their right to anappraisal.

12. Failure to follow approved procedures.

13. Negotiations initiated without an approved Relocation Plan.

14. Negotiations initiated without an approved Project Funding Estimate.

15. Negotiations begin before appraisals.

16. Property owner not given the opportunity to accompany theappraiser.


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17. Appraiser fails to consider effects of acquisition on owner's largerparcel.

18. Appraiser fails to determine what is real property and what is

personal property.

19. Agency does not have an appraisal review process.

20. Negotiations initiated prior to Agency's authorization of justcompensation.

21. Just compensation established by unapproved agency official.

22. Agency fails to provide written offer summarizing what is beingacquired.

23. Agency fails to offer to acquire an uneconomic remainder.

24. Administrative settlement not supported.


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25. Property owner not given adequate time to consider the offer.

26. Failure to negotiate in good faith ( & coercion).

27. Advance acquisition which doesnt follow URA.

28. Advanced acquisition prejudices selection of alternative.

29. Acquired property not incorporated into final R/W.

30. Agency double compensates property owner or occupant.

31. Agency unable to provide proof of payment.

32. Agency does not clear liens from title at closing.

33. Evict a displacee in order to evade paying relocation benefits.

34. Inadequate relocation assistance advisory services.


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35. Fail to provide occupant with General Notice.

36. Fail to promptly notify occupants of their rights to relocation.

37. 90/30 notice without a RHP offer.

38. Fail to allow displacee adequate time to purchase or leasereplacement.

39. Replacement dwelling is non-DSS.

40. Deduct rent owed to agency from relocation benefits.

41. Fail to handle relocation payment claims expeditiously.

42. Fail to keep r/w free of unapproved uses (encroachments).

43. Fail to assure that an airspace lease is in the public interest, receive fairmarket rent & does not create any safety or operational problems.


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44. Charge more than fair market rent on a lease-back.

45. Dispose or lease r/w along the Interstate without FHWA approval.

46. Fail to obtain approval from FHWA for change in access control alongthe Interstate.

47. Fail to evaluate the environmental effects of disposal and leasingactions.

48. Fail to use of proceeds from sale and lease of property purchasedusing federal funds on other eligible Title 23 activities.

49. Unsupported certification 3 request.

50. Fail to schedule adequate time to comply with the requirements of theUniform Relocation Act and the regulations implementing the URA.

51. Fail to allow adequate time to comply with the requirements of theUniform Relocation Act and the regulations implementing the URA.


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52. Fail to give the same consideration to Right of Way in scheduling andcarrying out projects as is given to Planning, Environment, Design, etc.

53. Fail to monitor and ensure that occupants still on R/W under R/WCertificate #3 are protected from unnecessary inconvenience,disproportionate injury, or any coercive action.

54. Treating owners or displacess non-uniformly on the project.

55. Project with R/W phase is advertised w/o a R/W certification.

56. Inadequate documentation (if its not documented, it didnt happen!).


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Just Kidding!!!!!!


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S50_Fifty Ways to Lose Your Money Preservation of Federal Money in Right of Way Acquisition_LTC2013

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