Welcome to the
Right of Way Plan Development
Pre-Qualification Training
1
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Brett A. Shearer, Right of Way Specialist
ODOT Central Office
Worked for ODOT for over 20 years
1987 Attended University of Akron in Drafting and Survey Tech.
1989 Draftsmen in District 3, Production and Survey
1994 Survey Technician in Aerial Engineering
1995 R/W Plan Specialist in the Office of Real Estate
2000 R/W Plan Specialist in the Office of Production
2
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Right of Way Plan Development
Pre-Qualification
Instructors:





Dave Dicke, ODOT District 2 REA
Doug Raters, P.E. ODOT District 8 REA
Mike Ware, P.S. ODOT Office of Production
Jim Kenyon, P.S. ODOT District 3 SOM
John Messmore, P.S. ODOT District 4
3
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Welcome & Introduction
• Sign In Sheet
– You MUST sign in each morning in order to receive
your certificate
•
•
•
•
Location of Restrooms
Location of Cafeteria and Restaurants
Smoking areas
Some slides will be difficult to read
• Please hold Questions to the end of speaker’s presentation
4
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Right of Way Plan Development Training Manual
–
–
–
–
–
–
Course Agenda
Table of Contents
Biography for each speaker
Power Point Slide show
Appendices
CPD Credits
• R/W Plan Manual Sections 3100, 3200 & 3300
– www.dot.state.oh.us/Divisions/ProdMgt/Production/row/Pages/row.aspx
• Quizzes
– Will be given after the morning and afternoon sessions
– Quizzes must be turned in, to receive your certificate
5
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Objectives of this Course
•
•
•
•
•
•
•
•
•
Explain the R/W Pre-Qualification Process
Why R/W Plans are necessary
Who are the users of the R/W Plans
Project Development Process (PDP) for R/W Plans
Scope of Services Document & R/W Attachment
Records Research for ODOT R/W Plans
Field Surveying for R/W Plans
Boundary Resolution Related to R/W Plans
Establishing the Existing Road R/W
6
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Objectives of this Course
•
•
•
•
•
•
•
•
R/W Base Map Preparation
Establish & Design the Proposed R/W Limits
Innovative design ideas to save R/W costs
Standard R/W Plan Format
Standard R/W Plan Sheets
R/W Plan Review Process
What happens to the R/W Plans
Quality Control
7
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
R/W Pre-Qualification Process
• Consulting Firms requesting or desiring to maintain
prequalification in R/W Plan Development must have on
permanent staff:
• Right of Way Plan Designer
– Must be under the direct supervision of a P.S. registered in Ohio
• Right of Way Plan Reviewer
– MUST be a P.S. registered in Ohio
– Responsible for signing and sealing all appropriate R/W
documents
8
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
R/W Pre-Qualification Process
• Right of Way Plan Designer and Right of Way
Plan Reviewer CANNOT be the same individual
on any project.
• The Right of Way Plan Designer can be a P.S.
however, the Right of Way Plan Reviewer must
also be a P.S. and must be someone other than the
Right of Way Designer
9
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
R/W Pre-Qualification Process
• R/W Plan Designer Requirements and Responsibility:
– Experience in R/W Plan Development on projects comprising
a total of ten (10) or more parcels
– Active involvement in R/W Plan Development within the past
five (5) years
– Successful completion of this course
– Courthouse Research Experience (Road R/W and Deeds)
– Experience and knowledge of the ODOT Right of Way Plan
Manual
– Experience and knowledge of the ODOT CADD Engineering
Standards Manual
10
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
R/W Pre-Qualification Process
• R/W Plan Reviewer Requirements and Responsibility :
– Professional Surveyor registered in the State of Ohio
– Two (2) years experience in developing public R/W plans
comprising a total of twenty (20) or more parcels
– Active involvement in R/W Plan Development within the
past five (5) years
– Successful completion of this course
11
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
R/W Pre-Qualification Process
• R/W Plan Reviewer Requirements and Responsibility:
– Establishing and Setting Boundary Monumentation
– Investigating and Establishing Property Lines
– Check and Verify Accuracy of Computations, Plans and
Legal Descriptions, Insuring Items are Correct, Current,
Complete and Conform to County Requirements & Manuals
– Evaluate Overall R/W Plan and Legal Descriptions for
Quality and Consistency with Construction Plans
12
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Firms requesting Prequalification
• Submittal Requirements
– Submit Resumes of R/W Plan Designer and Reviewer
• Summarizing their experience
• Listing all the R/W projects they have worked on and
• Highlighting their direct responsibilities
– Submit approved/completed right of way plans prepared
by the Designer and checked by the Reviewer current
within past 5 years (Initial Submittal Only)
– Submit county approved (or recorded) legal descriptions
prepared, signed and sealed by the Reviewer current
within past 5 years (Initial Submittal Only)
13
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Things to keep in mind when applying
• R/W Plan Development includes the performance of:
–
–
–
–
–
–
Deed/property rights research (Courthouse, Engineer’s Office)
The practice of Boundary Surveys
The practice of Topographic Surveys
Computation of both Existing and Proposed Road R/W
Preparation of R/W Plans based on ODOT or similar standards
Preparation of Legal Descriptions following both
• ODOT standards
• County recording and conveyance requirements
– Closure reports for each description
14
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Submit application/resume/approved plans to:
Dan Krajcovic
ODOT Office of Consultant Services
1980 West Broad Street, 1st Floor
Columbus, Ohio 43323
15
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Getting prequalified if you DO NOT
have ODOT R/W Plan experience?
– Submit any road right of way plans prepared in the past
five (5) years. (highlight this work)
– OR
– Submit any subdivision plats prepared in the past five
(5) years that include road right of way work/dedicated
road right of way (highlight this work)
– OR
– Submit any LPA roadway work in the past five (5)
years that involved the establishment of road right of
way and property lines (highlight this work)
• These plans will be taken into consideration
16
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Question and Answer Session
17
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
David T. Dicke Real Estate Administrator
ODOT D-2 Bowling Green
Bio: BS The Ohio State University Real Estate and Urban Development
1975. 30 years with ODOT
R/W appraisal/review, acquisition agent, project manager, project and
plan compliance reviewer.
Licensed General appraiser, realtor, and consultant.
18
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
My presentation will:
•
•
•
•
•
Outline a brief history of Eminent Domain
Discuss the current E.D. issues
Relate those cases to ODOT and you
Identify why your role is so important
Identify those who depend on your work
19
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
HistoryReal Estate and Eminent Domain
• Webster: The right of a government to take or
control property for public use
• First Recorded Case - 871 B.C. Naboth’s vineyard
• Early Colonies – trading with the Indians
• American Revolution- army needing food and
shelter
• State, County, highway programs up to the 1950’s
• Eisenhower’s Federal Highway program 1953
20
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
History of Federal Condemnation Law
• History of Federal Condemnation Law
leading to the current Uniform Act.
– US Constitution Ratified: 1788
– First 10 Amendments Passed: 1789
5th Amendment U.S. Constitution
“No person shall be held to answer for a capital, or
otherwise infamous crime, …nor be deprived of
life, liberty, or property, Without due process of
law; nor shall private property be taken for public
use without just compensation.”
21
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Federal Laws & Regulations
• Uniform Relocation Assistance & Real Property
Acquisition Policies Act introduced in 1970 as a
result of Hearings by Congressman Blatnick
• Brings uniformity to a series of fragmented laws
on acquisition
• Stop abuse perpetuated by unscrupulous people
and practices begun in development of interstate
system
22
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Uniform Act passed by US Congress 1/2/71. The law is
called the Uniform Relocation and Real Property
Acquisition Policies Act.
Code of Federal Regulations 49 CFR 24. subpart B for
Real Property Acquisition and Part C for General
Relocation Requirements.
The codes amplify the Uniform Act and give more direction
to an agency for carrying out the law.
State Governments must establish lead agencies.
ORC 163.01 – 163.62 Ohio Administrative Code create
State law and policy. And the Governor named ODOT
to be the lead agency.
Section 19, Article I, Ohio Constitution
“…When taken … for the purpose of making or
repairing roads, which shall be open to the public,
without charge, a compensation shall be made to the
owner, in money…”
23
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Federal policy transfers monitoring and compliance responsibility
to the State and thus to ODOT as Lead Agency.
ODOT has created a manual of the procedures to design for and to
acquire right of way as the lead agency. This manual has been
reviewed and approved by ODOT legal counsel and the Federal
Highway administration. The manual is now the lead agency's
official approved procedure. This manual is an ever changing
document that must, by Federal policy and State law, be updated
regularly.
This manual shall be followed by any agency, acquiring for
highway purposes, having the power of eminent domain.
Regardless of the funding source of the project. ODOT is
convinced, based on the current laws and codes, that as lead
agency, ODOT P&P must be followed.
Unless the acquiring agency has created their own procedure that
has been approved by ODOT, and FHWA where federal funds are
involved in any phase of the project.
24
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Today
Land acquisition by eminent domain is most often
thought of in terms relating to highway projects.
However recent public forum trials have focused on
its use for new development of private or semi
private commercial enterprise.
Kelo v. New London US Supreme Court ruling
City of Norwood v. Horney Ohio Supreme Court
seemingly opposing rulings on similar facts
25
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Kelo v. City of New London
26
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Kelo v. City of New London
• Application to facts
– “City of New London is endeavoring to coordinate a variety
of commercial, residential, and recreational uses of land, with
the hope that they will form a whole greater than the sum of
its parts.”
• Holding
– “Given the comprehensive character of the plan, the thorough
deliberation that preceded its adoption, and the limited scope
of our review…to resolve the challenges of the individual
owners, not on a piecemeal basis, but rather in light of the
entire plan. Because, that plan unquestionably serves a public
purpose, the takings challenged here satisfy the public use
requirement of the Fifth Amendment.”
27
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Kelo v. City of New London
“We emphasize that nothing in our opinion precludes any
State from placing further restrictions on its exercise of
the takings power.”
28
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Kennedy, concurring – “A court confronted with a plausible
accusation of impermissible favoritism to private parties
should treat the objection as a serious one and review the
record to see if it has merit.”
29
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
“…the government's pursuit of a public purpose will often
benefit individual private parties…We cannot say that public
ownership is the sole method of promoting the public
purposes of community redevelopment
projects.” See,
30
Midkiff, Monsanto, Berman
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
In OHIO
City of Norwood v. Horney
•
•
In 2002 the developer sought to redevelop 12
acre area of residential homes into retail stores
and office space (i.e., “Rookwood Exchange”)
adjacent to existing shopping, retail, and
business center (i.e., Rookwood Commons,
Rookwood Pavilion and Rookwood Tower);
developer was successful in acquiring all but
five properties
Aug. 2003, City passed ordinance to appropriate
remaining homes as area was “deteriorating” as
term was defined within City Code
31
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
City of Norwood v. Horney
32
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
City of Norwood v. Horney
•
“Although economic factors may be considered
in determining whether private property may be
appropriated, the fact that the appropriation
would provide an economic benefit to the
government and community, standing alone,
does not satisfy the public-use requirement of
Section 19, Article I of the Ohio Constitution.”
Norwood v. Horney, 110 Ohio St.3d 353
But recall Kelo: “…the government's pursuit of a public
purpose will often benefit individual private
parties…We cannot say that public ownership is the
sole method of promoting the public purposes of
community redevelopment 33
projects.”
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
The outcome in Norwood
• Objecting home owners had moved out. The
Gambles were the last to move on 2-2-05.
• As a result of the Ohio Supreme Court ruling,
their keys were returned 7-2006
• 8-2008 Owners have sold all parcels to the
developer for his plan at very high prices.
• Spring 2009 construction to begin
34
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
The Power Of Eminent Domain Is
Immense
• Agencies are often perceived as abusing their
power when using it.
• There is a blatant public dislike of eminent domain
evidenced by these recent high profile trials.
• Governmental Agencies Must:
– Deal honestly and openly and follow procedures with
equality.
35
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Kelo v. City of New London
“We emphasize that nothing in our opinion precludes
any State from placing further restrictions on its
exercise of the takings power.” Justice Kennedy.
This statement has been the catalyst for states to
examine their current policy and laws regarding
the use of eminent domain on all levels.
Ohio Legislature created a Task Force to study the
issues. From that SB7 was enacted 10-10-2007
changing ORC section 163.
36
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
What does all this have to do with me and this
class?
• A policy and procedure is in place for ODOT projects from
inception to project completion. That policy continues to
change and be updated as a result of various reasons.
• This P&P includes the preparation of r/w plans.
• When r/w is needed your plan becomes the foundation to
which the acquisition process is built. Eminent domain
may be used to conclude the process.
• The accuracy and considered concept of the plan is
essential or the acquisition process may fail.
• As eminent domain remains a focal public issue the need
for the accuracy of the plan and concept is amplified.
37
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Users of R/W Plans
•
•
•
•
•
•
•
Title Agents
Appraisers and Reviewers
Acquisition Agents
Relocation Agents
Property Owners
Attorneys
Surveyors
38
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Users of R/W Plans
•
•
•
•
•
•
Real Estate Agents
Future Right of Way Plan Designers
County Auditors
County Engineers
City Engineers/Service Directors
Assistant Attorney General Attorneys
39
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
R/W parcel Costs Are Increasing!
• FY 2000 1843 Parcels; $65M
• FY 2005 637 Parcels; $61.6M
• FY 2006 1661 Parcels; $71.8M
D-2 HEN/LUC 24estimate:
275 parcels: $33.5 M
FY 2007 1497 Parcels; $69.6M
FY 2008 1428 Parcels; $71.0M
= $ 35,270 / Each
= $120,465 / Each
= $ 43,240 / Each
= $121,800 / Each
= $46,800/ Each
= $59,700/ Each
This doesn’t include labor, overhead, legal, env. test
removal, razing which could add from 7K to 12K
Per parcel or another $10.0M to $17.0M per year.
40
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Other Data
• Appropriations
–
–
–
–
Prior to 1998 - 12% Appropriated, 2% to trial
To date up to 16% Appropriated, +/-3% to trial
Out Source acquired up to 20% Appropriated
Many LPA projects are managed by less experienced
staff which can lead to higher costs more appropriation
cases and increased public mistrust.
41
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Why Are Costs So High?
•
•
•
•
•
•
•
•
•
Projects in urban settings as we redesign old roads
Publicity of Kelo, Norwood and other E.D. cases
Sophisticated sellers / owners / lawyers
Sophisticated appraisals, noting negative effects
Property owners appraisers don’t always use the
same rules in preparing reports. And are not
subject to review prior to becoming evidence.
Zoning issues - Locals not as cooperative
Access management designed into plans
Mistrust of Government & Its Agents
Outsourced Projects - Profit Motive
42
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
How To Reduce Costs
• Early Involvement of R/W Professionals
–
–
–
–
During conceptual design seek r/w input
Follow P&P Manual, get guidance on questions ASAP
Plan for avoidance-Consider in early budgets
Involve locals early Re: Restrictions
• Set Realistic Time Lines
• Start Acquisition ASAP - IT TAKES TIME!
43
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
WHY?
• Costs are staggering which is impacting ODOT’s
budget and ability to deliver projects
• If we don’t, as leaders in the industry, Legislation
and court rulings will change our process, increase
costs, which reduces funds available to build
improvements for the taxpayers we serve.
• $ for $ - Money saved on reducing the need for
R/W acquisitions can be spent on more projects!
44
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
How Do You Feel About Eminent
Domain? “E.D and Me”
• Who’s bought real estate in the last 10 years
• Who sold to State or other Government under the
threat of eminent domain?
• ODOT-Buys like everyone else
Except that as the seller you have no choice but to
sell.
Audience participation: Can you Relate?
45
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Who’s Bought that Favorite Car Maybe
a Little Red Corvette!
46
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
You cut the best deal, you drive it
proudly. You park it and come back to
find the window smashed, the stereo
stolen or even worse someone has
“Keyed” the flawless paint.
Has this happened to you?
47
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
What Happens When It Gets Keyed?
48
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
What Happens When It Gets Keyed?
• Sets off emotions
– Angry
– Frustrated
– Not happy with settlement
• Eminent Domain sets off similar emotions
49
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Your plan is the beginning of a complex process
Lets get it right for those who follow….
Your plan may someday be a Supreme Court case.
50
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
51
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Doug Raters, P.E. Real Estate Administrator
ODOT D-8 Lebanon
1987 grad- Univ. of Cincinnati, BS- Civil Engineering
1987-1988 EIT program- ODOT
1990- Design Engineer in Dist.8 Real Estate Section
1992- Became Registered Professional Engineer- State of Ohio
1997- Became District 8 Real Estate Administrator
Feb-2007: Completed 20th year with ODOT
52
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
ODOT’s Project Development Process
PDP
•
•
•
•
Objectives
3 Project Levels
Steps within the Levels
Corresponding Right of Way Activities
and Section 1400 Location and Design Manual
53
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Project Development Process
Objectives:
• Increase communication among disciplines.
• Systematic documentation to eliminate duplication of
efforts.
• Early participation from all disciplines.
• Better manage scope, schedule and budget.
• Improve plan quality.
54
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP - Three Project Levels
• Major Project Level - 14 Steps
MIS, corridor type projects, complex design work,
large amounts of ROW, New highway on new
location. (Typically EIS, EA or higher level CE
projects.)
• Minor Project Level – 10 Steps
Bridge replacements, resurfacing (with drainage),
and safety projects. Projects may include ROW,
utility relocations. (Typically lower level CE’s.)
• Minimal Project Level – 5 Steps
(No Right of Way plans involved)
(Exempt projects)
55
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
(PDP Process Major Project)
56
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Section 1400 of L&D Manual
57
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
58
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
• Obtain survey data and aerial mapping
• Develop new/existing alignments to
avoid/minimize red flags.
• Research centerline of Right of Way
59
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
MAJOR
•
•
•
•
•
•
•
Find existing centerline/R/W monuments
Establish centerline of ex. Right of Way
Evaluate access that may produce LL par.
Determine conceptual construction limits.
Obtain tax map/ownership data.
Determine types/existing R/W limits
Identify possible total takes and
relocations.
MINOR
60
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
• Finalize construction limits.
• Determine proposed R/W lines, easement
or deed, channel, temps, etc.
• Contact property owners for UG items
• Reevaluate total takes/relocations, etc.
MAJOR
MINOR
61
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
MAJOR
MINOR
• Determine if MOT will require additional
right of way.
• Identify removal items in prop. R/W.
• Refine const. limits.
• Conduct title and deed research.
• Determine: property line locations,
proposed R/W lines, encroachments, and
total take, commercial and residential
relocations.
62
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
MAJOR
MINOR
63
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
PDP Steps/Section 1400 of L&D Manual
MAJOR
MINOR
64
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Project Development Process—
Scope of Services (SOS)
Pre-scope Meeting:
• ODOT District meeting with all pertinent internal personnel.
• Specifically define project scope using PDP.
SOS Meeting:
•
•
•
•
•
Includes consultants and subs.
ALL ODOT disciplines.
Redefine project requirements to finalize scope.
Q & A and clarification.
Project Schedule.
65
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope
Document
(Major)
66
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope
Document
(Major)
67
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope
Document
(Major)
68
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope
Document (Major)
69
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope document (Major)
70
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope document (Major)
71
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope
Document
(Minor)
72
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Sample Scope
Document (Minor)
73
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
ODOT’s Project
Development
Process
Included as an attachment to
every scope involving R/W is
the Right-of-way attachment.
•
RIGHT OF WAY ATTACHMENT
•
•
EXTENT OF FIELD SURVEYS - ADDITIONAL REQUIREMENTS:
Right of way lines and property lines shall be located based on requirements
specified in Chapter 4733-37 of the Ohio Revised Administrative Code
(Board Rules) governed by regulations outlined in Chapter 4733, Ohio
Revised Code (Regulation Laws) and in accordance with any special
requirements of the county(s) in which the project is located.
•
All topographic features (refer to Section 3108.5, of the Real Estate Policies
and Procedures Manual) within 100 feet either side of the proposed right of
way shall be accurately located and identified.
Underground facilities, to include, but not limited to, storage tanks, septic
tanks/systems, leach beds, utilities, including service lines in accordance with
Section 153.64 ORC) drain pipes and exposed field tiles shall be located and
identified as to the size and type.
The consultant shall complete and submit an RE-75 Utility Reporting Form to
the District Production Administrator at the time of filing for LG & T
approval.
•
•
•
Special attention shall be given to any commercial/industrial
property having underground storage tanks in current use or
which may have previously utilized underground storage
tanks, e.g. service stations, print shops, dry cleaners, etc., to
identify any potential environmental concerns.
•
The above described topographic features, utilities (See Utility
Section, Scope of Services), underground facilities and special
attention items shall be shown on the preliminary Right of Way
plan submittal.
Right-of-Way issues not covered
in the Manual
(highlighted in BLACK)
74
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
ODOT’s Project
Development
Process
Included as an attachment to
every scope involving R/W is
the Right-of-way attachment.
Right-of-Way issues not
covered in the Manual
• If authorized, staking/flagging of the
proposed permanent/temporary Right
of Way for appraisal/negotiation shall
be done by the Consultant upon the
request and instruction of the District
Real Estate Administrator. The
Consultant will then have ten (10)
working days after the request to
perform the work and certify, in
writing, the work complete to the
District. When performing this work,
the consultant shall set wood hubs and
lathe stakes every 250 feet and/or
change in direction in the proposed
Right of Way, marked with
permanent marker, by station and
type (WD, Temp, CH, etc.) with
separate color flagging for each type.
75
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
ODOT’s Project
Development
Process
Included as an attachment to
every scope involving R/W is
the Right-of-way attachment.
Right-of-Way issues not
covered in the Manual
(highlighted in BLACK)
•
•
•
•
•
•
The consultant shall utilize property ownership data for Right of Way
plan development based on a search of county records (See Title Report)
conducted no more than six (6) months prior to the preliminary Right of
Way plan submittal. The Consultant shall submit copies to the District Real
Estate Office of each property owner’s record deed transferring title to that
owner with the preliminary Right of Way plan (Stage 2 Review). In cases
where partial title interest is conveyed, copies of any supplemental documents
required to delineate property lines and title shall also be submitted. A report,
if needed, identifying any title defects encountered for the affected parcels
should be included with the deed copies. This submittal should also include
all applicable tax maps and Auditor cards.
In addition, no more than fifteen (15) days prior to submission of the final
Right of Way tracings, the property ownership data shall be checked and
verified. Copies of the deeds for any new ownership transactions that
impact the project shall be submitted to the District Real Estate Office.
An in-depth field review of the project should also be conducted within this
fifteen (15) day period to assure that no topographic features; structures
and/or utilities have been changed or omitted. The Right of Way plan and
descriptions should be revised to accurately reflect the above information.
The submittal letter should contain the actual dates that the ownership data
and topography were checked and verified.
The Consultant shall submit with the Final Right of Way review plan the
Coordinate Geometry Data for all alignment(s) points and parcel corner points
in a comma delimitated ASCII file format (Pt. No., North, East) along with a
copy of the plan with the point numbers identified to the location they
represent.
After ODOT’s review and approval, the Consultant shall be responsible
for obtaining the final approval of the centerline survey plat from the
appropriate County official(s). The Consultant shall then be responsible
for recording the approved centerline plat (including providing the
recording fee) in the appropriate County(s) office. The approval and
recording shall take place before the submission of the final Right of Way
tracings. The original recording plat must then be submitted to the
District with the final R/W tracings.
76
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
John Messmore, P.S. ODOT District 4
John has been with ODOT for 6 years and this is the 6th
year as a presenter for the Right of Way Pre-Qualification
course.
John obtain a B.S. in Surveying and Mapping from the
University of Akron in 1999. He started his own
surveying firm in 2000 and has been a part-time instructor
of the surveying courses at the University of Akron.
77
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
Records Research - Section 3104
Existing Right of Way
Deed Research/Investigation
•
•
•
•
• OAC 4733-37
• Misc. Public Records
• Zoning Regulations
History of Ohio Roads
County/Township Roads
Inter County Highways (ICH)
State Highways
If Scoped – ODOT Title Report
•
•
•
•
What is it?
Who can prepare?
Who benefits?
Are there limitations?
78
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Establishing Existing Road Right of Way
 History of Ohio Roads
• Establishment
 Board of County Commissioners
 Statutory Dedication
 Common-Law Dedication
 Statutory Appropriation – Eminent Domain
 Prescriptive Easement – Similar to Adverse Possession
(only easement rights pass)
 County and Township Roads
 Early Procedure for Road Establishment
• Land Holders Petition the County Commissioners
• County Commissioners made order for laying out road
 Currently governed by ORC 5533
79
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
GENERAL LAWS OF THE STATE OF OHIO RELATING TO THE
WIDTH OF COUNTY ROADS
Vol. II, page 210
It shall be the duty of said Commissioner to order the said road to be opened
a necessary width, not exceeding sixty-six feet, and made in respects
convenient for the passage of travelers and cause a record therefore to be
made which thenceforth shall be deemed a public road. February 17, 1804
Vol. XIV, page 226
They (the Commissioners) shall order such road to be opened a necessary
which not exceeding sixty feet and made in other respects convenient for the
passage of travelers and carriages and cause a record thereof to be made,
which road thenceforth shall be deemed a public highway. February 16,
1816
See Appendix C in the Manual for a complete list
80
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• History of Ohio Roads (Continued)
 Special circumstances to be aware of
• Roads were often built in sections rather than their entire length
as might be indicated today (possibly creating different R/W
widths)
• Road names change
• County Commissioners have the legal authority to change, alter
and vacate roads
• Roads relocated but R/W never vacated
81
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• History of Ohio Roads (Continued)
 Inter County Highway System (I.C.H.)
• The Department of Highways was created in 1904, later became
Ohio Department of Transportation.
 Object and purpose of the Department was to instruct, assist
and co-operate in the building and improvement of PUBLIC
ROADS. State Routes as we know them did not exist at this
time
• In 1911 the State legislature created the Inter County Highway
System(I.C.H.)
 All counties were required to create accurate roadway maps
 Maps were submitted to the State Highway Commissioner
 Highway Commissioner selected county roads that connected
to adjoining county roads to create “as near as practicable
continuous” Inter County Highway System
82
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• History of Ohio Roads (Continued)
 Inter County Highway System (I.C.H.)
• Counties made improvements to the roads selected by the
Highway Commissioner under the supervision of the Department
of Highways
• State paid Counties for improvements, then took over
maintenance and Right of Way of former County Roads
• County Commissioners certified to the State the width of the Right
of Way. This information is usually on the cover sheet for the I.C.H.
plans
• Some County Commissioners’ Journals will contain information
from public meetings concerning I.C.H. Routes and the Right of
Way obtained or verified by the County Surveyor/Engineer
83
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
We the commissioners of Wayne
County hereby approve these plans
and certify that the right-of-way 60
feet wide is available for the
construction of the above road.
84
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• History of Ohio Roads (Continued)
 Other sources for establishing existing R/W limits and
widths
• Existing Right of Way Plan (the latest) (may be a combination of
several plans)
• Old Construction Plans (1940’s and earlier) R/W in plan
• Online Plats
85
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
86
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
87
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
88
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
BRO-62-31.64(M) Year 2000
89
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
BRO-62-31.64(M) Year 2000
Area of S.R 62 from 1926 Plans
90
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Deed Research/Investigation
 OAC 4733-37
• Current Ownership Deeds
 Check for full ownership, possibly more than one owner
 Quit Claim Deeds
 Court Documents / Clerk of Courts
• Recorded Easements
 Oil, Gas and Coal rights
 Utilities rights
 Ingress and Egress rights
91
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Deed Research/Investigation (Continued)
 Misc. Public Records






Government Surveys
Private surveys
Recorded Subdivisions
Tax Maps, Auditors Parcel Numbers
Health Department (Septic Systems and Wells)
ODNR Oil and Gas Well Logs
92
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
• Deed Research/Investigation (Continued)
 Zoning Information
• Local or County Zoning Boards
 Zoning Classification
 Set Back Information
• Some deeds may also contain restrictions on the property they
describe
• Recorded Subdivision Plats often have restriction on the plat or
recorded as a separate document
• Condominium and/or home owner associations restrictions
93
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
 ODOT Title Reports
• What is it?
• The ODOT title report provides evidence supporting the
ownership of the legal description being acquired for the
highway project. This evidence is assembled in a title report
and the documentation supporting this evidence is attached to
the title report.
• The evidence supporting the interrelationship of ownership and
legal description is inserted into the Title Report [form RE 46]
and the Title Chain [form RE 46-1]. Also attached to these
forms is the appropriate documentation (mortgages, easements,
taxes, leases, mineral rights, liens and encumbrances) that
supports what was stated by the title agent in the Title Report
and Title Chain.
94
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t
ODOT Title Reports (Continued)
•
Who Can Prepare?

Consultants performing any type of title function must be
pre qualified with the Ohio Department of Transportation:
Go to: http://www.dot.state.oh.us/real/
http://www.dot.state.oh.us/real/
R/W Consultant Services
List of Pre Qualified Consultants
• Title Reports must meet the requirements of Section
5100 of ODOT’s Real Estate Manual.
95
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t

ODOT Title Reports (Continued)
•
What Are The Benefits?



Accurate and updated ownership names.
Verification of recorded easements, their location and
effect on taking.
Saves time at the beginning of acquisition process.
96
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t

ODOT Title Reports (Continued)
•
What Are The Limitations?






Root title (42 year) may not satisfy OAC 4733-37
Title for taking (parcel) only. May not include entire
contiguous ownership.
Permanent parcel number(s) given for takings (parcels)
only.
No determination if auditor’s area excludes P.R.O.
Unrecorded easements not determined.
Plat restrictions not identified.
97
O h io D epa r t men t o f Tr a n s p o r t at io n – R/W Pl an D ev el o p men t