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Transportation Enhancement Program
Right of way
Acquisition of Property
The acquisition of real property as part of an Enhancement Program project must conform to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act), as amended, and applicable FHWA reimbursement regulations and requirements. Enhancement projects involving the acquisition of real property, either in fee or easement, will use the following process.
Sponsor Requirements for all Right-of-way Acquisitions
- Provide verifiable documentation evidencing compliance for any real property that may have previously been acquired for the project.
- Name/address of property owner or address of property id different
- County
- Tax map and parcel number
- Acreage to be acquired; if only partial acquisition, acreage and location of portion to be acquired (provide survey if available)
- Acquisition preference (fee simple or easement)
- Define who will be the title holder
- Description of any structures on property and historic information
- Occupants on the property
- Any prior offers or attempts to purchase
- Contact SHA office of Real Estate for Right-of-Way Certification
SHA Assistance to Sponsors of Accepted Scenic Easement Category Projects Only
- The cost of SHA assistance will be deducted from the award, at regular rates.
- Review documentation and certify Uniform Act compliance to FHWA
- Obtain title information and order cost estimate
- Pre-negotiate contact with property owner
- After federal funds are approved, the Office of Real Estate (ORE) will order appraisals, surveys for plats (if needed) and relocation studies (if needed)
- Develop the option contract (must have easement wording, if applicable)
- Make offer to property owner: No offer can be made until all environmental approvals are received.
- ORE will negotiate the option contract: option contract will not be accepted until the MOU is executed, all Board of Public Works (BPW) approvals are received, and any addenda are in place.
- If option is accepted, ORE will order check and set settlement date
NOTE: Federal or state funds may not be used to improve private property or property that is not protected by a publicly held perpetual lease/easement.
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