2013 acquisition 102 training manual part a

7/30/2019 2013 Acquisition 102 Training Manual Part A

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The Office of Real Estate

Division of Engineering

Ohio Department of Transportation

2013 Acquisition 102 Training Manual

01/01/2012 5201-i

Acquisition 102Training Manual


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01/01/2012 5201-ii

ACQUISITION 102

PART A


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01/01/2012 5201-iii

TABLE OF CONTENTS

5200 BASIC ACQUISITION/NEGOTIATION PROCEDURESPAGE

5201 NEGOTIATION PROCEDURES .............................................................................. 52-1

5201.01 Requirement for Acquisition Notice ...................................................... 52-1

5201.02 No Negotiation Until FMVE Has Been Established .............................. 52-1

5201.03 The Initial Offer of Compensation to the Owner ................................... 52-1

5201.04 Offers Subsequent to the Original Offer ................................................ 52-3

5201.05 The Contract For Sale and Purchase ...................................................... 52-4

5201.06 Contact With Owners ............................................................................. 52-7

5201.07 Time to Consider the Offer .................................................................... 52-7

5201.08 Required Discussions with the Owner ................................................... 52-7

5201.09 Continued Negotiations ......................................................................... 52-9

5201.10 Administrative Settlement ................................................................... 52-10

5201.11 Documenting Negotiations .................................................................. 52-12

5201.12 Beginning the Process to Appropriate ................................................. 52-15


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5201 NEGOTIATION PROCEDURES

5201.01 Requirement for Acquisition Notice

49 CFR 24.102(b) states: As soon as feasible, the agency shall notify the owner in writing of theagencys interest in acquiring the real property and the basic protections provided to the owner by

law and this part.

To comply with this legal requirement, the District Office shall provide the owner with:

1. The Introductory Letter2. The brochure entitled When ODOT Needs Your Property

This information may be sent to the owner after initial title work verifies the ownership or when

the right of way plans are sufficiently developed so affected owners are known with certainty.

Under any circumstance, the owner must be notified prior to the initial offer of compensation.The Introductory Letter may be sent using regular mail.

5201.02 No Negotiation Until FMVE Has Been Established

No one shall initiate negotiations with an owner to acquire rights of way until FMVE has been

established. FMVE is an acronym meaning Fair Market Value Estimate. This procedure

implements the regulation in 42 USC, Section 4651 (2); 49 CFR 24.102(d); Ohio Revised Code,

Section 163.59(D) and Ohio Administrative Code, Section 5501:2-5-06(B)(3).

5201.03 The Initial Offer of Compensation to the Owner

Before any offer can be made to an owner, the District Real Estate Administrator must ensure

funds are encumbered for the project and funds are available to pay the owner as of the date of

the offer. The following procedures implement the requirements of Ohio Revised Code, Sections

163.04 and 163.041.

A. The offer used to purchase rights of way subject to the power of eminent domain is theNotice of Intent and Good Faith Offer also known as the NIAGFO. This form is to be

downloaded from the Office of Real Estate web page.

1. This form may not be amended without guidance from the Ohio AttorneyGenerals Office. Amending the form without authorization may jeopardize the

acquisition and appropriation processes.

B. The Ohio Revised Code mandates the NIAGFO shall be presented to the owner by

certified mail or by personal visit.


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1. When certified mailings are used, evidence is required to document: 1) TheDistrict Office mailed the NIAGFO to the owner; and, 2) The owner received the

NIAGFO. To document the mailing and the receipt of mailing by the, owner, the

negotiator may attach to the Negotiators Notes: 1) the certified mail stubdocumenting the date mailed; and, 2) the signed certified mail receipt

documenting the date the owner received the mailing.Another method to document the certified mailing is to utilize the USPS

electronic certified mail process whereby, in addition to the mailing label, the

sender will have a sticker carrying a tracking number. This sticker with the

tracking number replaces the return card. To check the status of delivery, the

sender goes towww.usps.com, enter the tracking number and view the status,

including the signature of the recipient. This electronic method reduces certified

mail costs by 22%.

No matter the method used, the acquisition file must clearly demonstrate the date

the NIAGFO was presented to the owner and if certified mailing was used, the

date the NIAGFO was mailed to the owner and the date the owner received the

NIAGFO.

2. To expedite the acquisition process, it is recommended the negotiator provide theowner with a pre-paid business reply envelope to facilitate the owner sending back

a signed NIAGFO.

C. At a minimum, the NIAGFO shall be presented to the owner no later than 30 days prior to

filing the petition to appropriate.

D. The District Office may revise its offer if it becomes aware of conditions indigenous to

the property that could not reasonably have been discovered at the time of the initial offer

or if the District and the owner exchange appraisals prior to filing the petition to

appropriate.

E. The District must obtain an appraisal of the property to be acquired and provide a copy of

the appraisal to the owner at or before the time of the first offer to purchase the property.

ODOT is exempt from this requirement if the owner cannot be found; however, in this

circumstance the District should seek guidance form the Ohio Attorney Generals Office.

F. The following information is presented to the owner during the initial offer of

compensation:

1. NIAGFO
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2. Pertinent copies of the R/W plans that at a minimum include: Summary Sheet,

Detail Sheet and the cross section sheet (that are part of the construction plans).

No cross sections need to be provided for whole takes.

a.

Detail Sheets need to be colored-in to illustrate the take area and to ensurethat the owner understands the location and extent of the taking.

3. The brochure When ODOT Needs Your Property.4. The appraisal or Value Analysis that was the basis of the offer of compensation.5. The Plan Letter6. Each acquisition parcel is unique and the information provided to the owner does

vary. However, items 1 through 5 are provided to owners in all situations.

5201.04 Offers Subsequent to the Original Offer

When another offer is required subsequent to the original NIAGFO, the offer will either be a

Revised Good Faith Offer or an Updated Good Faith Offer.

A. The Revised Good Faith OfferSection 163.04 of the Ohio Revised Code regulates the Revised Good Faith Offer. This

offer is only used under these two circumstances:

1. The agency becomes aware of conditions indigenous to the property that could nothave been discovered at the time of the initial NIAGFO.

2. The owner and ODOT exchange appraisals prior to filing the petition toappropriate.

The Revised Good Faith Offer references the original NIAGFO, rescinds the initial

Good Faith Offer and presents a revised offer to the owner based on a newly established

FMVE.

The Revised GFO may be delivered to the owner personally or by certified mail. The

owner has a minimum of 30 days to consider the offer before filing the petition to

appropriate.

B. The Updated Good Faith OfferThe Updated GFO is made when a subsequent offer is required under circumstances other

than those applicable to a Revised GFO. The Updated GFO rescinds all previous offers

and presents an updated offer to the owner based on a newly established FMVE. The


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Updated GFO may be delivered to the owner personally or by certified mail. The owner

has a minimum of 30 days to consider the offer before filing the petition to appropriate.

C. The District Office shall have the appraisal updated or obtain a new appraisal ifinformation presented by the owner or a material change in the character or condition ofthe property indicates the need for new appraisal information, or if a period of more than

two years has elapsed since the time of the appraisal of the property. If a change in the

acquisition offer is warranted, the District shall reestablish FMVE and offer that amount

to the owner in writing. This procedure implements the requirements in Ohio Revised

Code, Section 163.59 (E).

5201.05 The Contract For Sale and Purchase

A. The Contract For Sale and Purchase of Real Property [Contract] is to be used any time

there is a fee taking. The District Office has the discretion of using the Contract if there

are only easement takings from a property.

1. The Contract has been pre-approved by the Transportation Section of the OhioAttorney Generals Office (AGO) in compliance with Section 5501.31 of the Ohio

Revised Code. The Contract cannot be amended without approval of the changes

by AGO. The exception to this procedure is when the change to the Contract is

considered nominal by District management, then AGO approval is not needed.

2. The AGO has also created standardized paragraphs that can be inserted into the

Contract for: Owner Retention; Boundary Survey Expenses; and, Offsetting the

Price Paid for an Acquisition by the Value of Excess Land [land swap under

Ohio Revised Code, Section 5501.34 (F)]. See the 5300 section of ODOTs RealEstate Manual regarding these specialized acquisition procedures.

B. There are two types of contracts for the acquisition of property needed for ODOTs

highway projects. These contracts are:

1. Contract For Sale And Purchase Of Real Property With Buildings (RE 220-B)The RE 220-B is used if there is a building that will be removed within the parcel

series and one of the parcels is a WD or WL take area and the building is owned

by the fee owner.

Building is defined as a structure having walls and a roof; barns, sheds, silos,garages, and dwellings are typical buildings. Buildings are a subset of structures.

All structures are man-made improvements and include not only buildings as

defined above, but also signs, light poles, billboards and fences. Do not use the

RE 220-B unless there is a building within the parcel series that will be removed.


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2. Contract For Sale And Purchase Of Real Property Without Buildings (RE 220-L)The RE 220-L is used when there is a WD or WL take area within the parcel

series and there is no building within any of the take areas. This form is also to be

used when there may be other structures and improvements, but not buildingswithin the take area.

If there is a non-building structure and/or improvement located within the parcel

series and the structure is owned by the fee owner, the RE 220-L and the

instrument are sufficient to document the purchase of the structure and/or

improvement.

Structures or buildings owned by tenants (or other third party interest) located

within the parcel series require a bill of sale to document the purchase of such

tenant-owned improvements. The RE 220-L and instrument will document the

purchase of the property rights needed from the fee owner.

C. Acknowledgment Blocks to be used for the Contract

1. The contracts that are downloaded from the Office of Real Estate web page do not

have acknowledgment blocks; therefore, the appropriate block will need to be

selected and electronically inserted onto the Contract form to create a complete

contract.

2. The correct acknowledgment form is to be selected from the following menu of

forms [NOTE: it may be necessary to insert several acknowledgment forms,

depending on the number and types of property owners]:

a. RE 244-C Used when the land is owned by only person who isunmarried. Also used when there is one title owner

and he/she person is married and it is known that

the spouse will not release dower rights (i.e., the

owner forbids his/her spouse to sign, or the spouse

refuses to sign).

b. RE 245-C Used when the land is owned by an individual whois married and the spouse will release dower.

c. RE 246-C Used when the land is owned by two or moreindividuals.

d. RE 247-C Used when the land is owned by a corporation or alimited liability companies (LLC).


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e. RE 248-C Used when the land is owned by a partnership.f. RE 249-C Used when none of the foregoing are applicable.

When confronted with this situation, AGO will needto create the Acknowledgment Form.

3. Once the acknowledgment is inserted into the Contract, delete the instructions thatwere on the acknowledgement form.

4. Once the acknowledgement form is inserted into the Contract, delete the headerfrom the acknowledgment form. The deletion is to include: the RE form number,

the revised date and the acknowledgment prefix on the right side of the page.

a. After the owner signs, the notary statement of the Acknowledgment mustbe completed by ODOTs agent.

D. The ODOT Signature Section of the Contract1. After the Contract has been signed by the owner(s), the agent shall have the

Districts representative sign the contract. Once the contract is executed, the

agent shall make a copy and send the copy to the owner. The District shall retain

the original.

2. The signature of the ODOT/District representative must be notarized.3. A person employed by ODOT having signature authority for the Director of

Transportation is to sign the Contract on behalf of the Director.

a. Very few people have this authority. Those having this authority have

their names listed on the O-drive under the webpage for the Office of

Chief Legal.

b. Those having signature authority cannot delegate their authority to

another.

4. Whoever signs for the Director will insert his/her initials after the Directorssignature. His/her name and title must be inserted into the signature block and thedate line completed.


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5201.06 Contact with Owners

A. The District Office is required to make reasonable efforts to contact the owner or the

owners representative and discuss the offer to purchase the property as mandated in49

CFR 24.102(f) and/or Section 5501:2-5-06(B)(6) of the Ohio Administrative Code. Toimplement this regulation, the District agent may mail the offer by certified mail or meet

face to face with the owner as required in Ohio Revised Code, Section 163.04.

1. If the negotiator is unable to determine the owners telephone number or ifsuccessive calls have produced no response from the owner, the negotiator shall

mail the owner a letter requesting a meeting, which shall be sent by certified or

registered first class mail with return receipt requested.

5201.07 Time to Consider the Offer

A. The regulation in 49 CFR 24.102(f) requires the District Office to allow an owner areasonable amount of time to consider the offer. To implement this regulation, the

standard procedure is an owner is allowed a minimum of 30 days to consider the offer

before the petition to appropriate is filed.

5201.08 Required Discussions with the Owner

A. At the initial offer (NIAGFO) with the owner, the negotiator is required to communicatethe following information to the owner.

1. Verify the information contained in the Title Report with the owner. If the

negotiator discovers any discrepancies between the Title Report and theinformation given by the owner, the negotiator is to document this in the

Negotiators Notes and is to notify the District Real Estate Administrator.

a. When the owner is an individual, the negotiator shall determine the marital

status of the owner. This information should be written on the Title

Report as the marital status of the owner is required information to be

inserted into the ODOT instrument.

2. Inform the owner that he must complete and sign the I.R.S. Form W-9 and theOhio Shared Services form 5657 (Vendor Information Form) before the owner

can receive any payment (compensation) from ODOT.

a. Existing form 5657 on file, but owner has movedIf a valid form 5657 is on file because ODOT previously acquired property

from the owner, but the owner has moved since that previous acquisition,


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Ohio Shared Services requires the owner to complete and sign form 3457

which provides the change of vendor information.

b. No form 5657 on fileIf the owner does not have an issued vendor number on file from aprevious acquisition, the owner must complete the form 5657 as required

by the Office of Shared Services.

c. To use these forms gohttp://www.ohiosharedservices.ohio.gov.3. Inform the owner of the reasons for the project and how the project affects the

owners property.

4. Inform the owner of the acquisition and appropriation process. This discussion

needs to include how the District Office will take possession of the property and

improvements needed for the project and how the owner will convey the ownersrights to ODOT. The discussion about the appropriation process must include the

owners right to withdraw the deposit, subject to the rights of others, without

interfering with their rights to a court action.

a. The negotiator shall personally review the brochure When ODOT Needs

Your Property with the owner because that booklet was designed to cover

the acquisition process. The negotiator shall provide the owner with a

copy of the brochure.

5. Inform the owner that ODOT shall pay incidental costs the owner may incur as

regulated by 49 CFR 24.106. This includes recording and transfer fees andCurrent Agricultural Use Value (CAUV) penalties. By state statute, an

acquiring agency must pay CAUV penalties.

6. Inform the property owner of ODOTs Fair Price Policy, which is to offer theowner the full amount of the approved Fair Market Value of the property.

7. Offer the owner the approved amount of compensation (Good Faith Offer) for theproperty and give the owner the offer in writing.

a. The Notice of Intent to Acquire and Good Faith Offer and the PlanLetter attachment are used to comply with this requirement.

b. For WD and WL acquisitions, the offer will also include a Contract For

Sale and Purchase of Real Property (RE 220-L or RE 220-B).
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c. If there are improvements within the take area, the offer process may need

to include a Bill of Sale (RE 69 AC or RE 69 CC).

8. Provide the owner with a copy of the appraisal report or Value Analysis that wasused as the basis of the FMVE. The negotiator is not required to give the owner acopy of form RE 22.

9. Review the appraisal/valuation report and explain how the compensation wasdetermined for the owners property, including a review of the comparable sales

used to determine FMVE.

10. Persons who are unable to read or understand the forms, brochures and plans mustbe provided appropriate translation and counseling. In compliance with 49

Subpart A CFR 24.5, each notice shall indicate the name and telephone number of

a person with ODOT the owner can contact to have the owners questions

answered or for other needed help.

11. The negotiator must document the negotiation visit and process in theNegotiators Notes. Negotiators Notes are prepared on forms RE 60, RE 60-1

and RE 61. To ensure compliance with the Record Keeping provisions of 23 CFR

710.201(f), a manager at any time may request any negotiator to provide his/her

Negotiators Notes for review.

5201.09 Continued Negotiations

A. The negotiator shall continue to negotiate with the owner until settlement has been

reached or, until the owner has no further unanswered questions or, until the parcel hasbeen forwarded to the Transportation Section of the Ohio Attorney Generals Office for

appropriation.

The negotiator shall never pressure or coerce any owner. 49 CFR 24.102(h) regulates

coercion as follows:

The agency shall not advance the time of condemnation, or defer negotiations or

condemnation or the deposit of funds with the court, or take any other coercive

action in order to induce an agreement on the price paid for the property.

There is no set minimum number of negotiation visits prior to initiating appropriation.However, to ensure the owner is afforded a reasonable time to consider the offer, it is

recommended the negotiator contact the owner three times over the course of one month.

Section 163.04 of the Ohio Revised Code mandates that the petition to appropriate cannot

be filed until 30 days after the Notice of Intent to Acquire (the NIAGFO) has been

presented to the owner by certified mail or by personal contact.


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When it is apparent that negotiations have failed, but prior to recommending the parcel be

appropriated, the negotiator shall deliver the Appropriation Letter to the owner. The

Appropriation Letter is the final offer to the owner prior to filing for appropriation.

5201.10 Administrative SettlementA. The District Office may settle an acquisition for an amount greater than the established

FMVE under certain criteria. This authority is found in 49 CFR 24.102(i), which states:

The purchase price for the property may exceed the amount offered as just compensation

when reasonable efforts to negotiate an agreement at that amount have failed and an

authorized agency official approves such administrative settlement as being reasonable,

prudent, and in the public interest. When federal funds pay for or participate in

acquisition costs, a written justification shall be prepared which states what available

information, including trial risks, supports such a settlement.

1. All settlements must be justified. Justification must be in writing and mustexplain fully why the District is spending more money than supported by an

approved appraisal. All relevant facts and circumstances are to be considered by

the District Office which may include acquisition issues, appraisal issues,

circumstances applicable the particular owner, project management issues and

litigation issues. Property for highway projects is acquired with public funds and

the public must be assured its funds are spent with adequate justification. This

justification shall be a part of the acquisition file.

2. Every administrative settlement must be justified on an RE 22. The District RealEstate Administrator (REA) will sign the RE 22 in the Administrative Settlement

block and fill out the Administrative Settlement column on the front of the RE 22.

The amount originally established as FMVE in never altered.

3. Administrative settlements when FMVE is based on a Value Analysis are justified

as follows:

a. The DREA will provide the relevant facts and circumstances justifying

settlement in the Comments section on the back of the Value Analysis

form; the full amount of the settlement must be included in the Comments.

b. The DREA will sign his/her name in the Administrative Settlement block

on the front of the Value Analysis form.

c. The amount originally established as FMVE is never altered. An RE 22 is

not prepared.


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4. The Contract For Sale and Purchase of Real Property, if used, must be amended to

reflect the agreed on settlement and then the contract is signed by the owner and

the DREA. Another alternative is to leave the contract blank and once price is

agreed to, the agent can fill in the correct amount.

5. The Notice of Intent To Acquire and Faith Offer documents the offer of FMVE

to the property owner and is not amended to reflect the amount of an

administrative settlement.

6. The negotiator must adequately document the settlement process in the

Negotiators Notes.

B. No one may approve any request for an administrative settlement or case settlement

classified as high dollar. A high dollar settlement is one that is equal to or greater

than $1,000,000 (one million dollars).

1. High dollar settlement requests will be heard in front of a panel consisting of the

following ODOT officials: Chief Legal Counsel and the Deputy Director for the

Division of Engineering, or their designees.

2. The Panel schedules monthly meetings and will hear personal presentations and

recommendations from the District Real Estate Administrators and where

applicable, the assigned Assistant Attorney Generals.

3. Settlements approved by the Panel will have settlement justified on forms RE 65

and RE 22, or, other supporting documentation justifying settlement to bereferenced on the RE 22.

4. Information on case settlements can be found in section 5506 of the Real Estate

Manual.

C. Settlement Authority for DistrictsODOT Let Projects

1. District staff having administrative settlement authority is the District Real EstateAdministrator (DREA), the Planning and Engineering Administrator (PEA) and

the District Deputy Director (DDD).

2. The District may use administrative settlement, on a per ownership basis, up to$20,000 over FMVE or 20% over FMVE, whichever is greater.

a. The District Office has the discretion to allow a negotiator, staff or

consultant, to verbally accept a counteroffer from an owner during the


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negotiation visit so long as the counteroffer is not greater than $1,000 over

the FMVE. The negotiator cannot sign any contracts; only employees of

the District having signature authority from the Director may sign

contracts.

3. If the proposed settlement amount exceeds District authority, the DREA is to

forward the settlement request to the Administrator of the Office of Real Estate

using the Settlement Request form (RE 65) along with a copy of the negotiation

record. The Real Estate Administrator will respond by signing the RE 65 and

returning the signed form to the District. The Real Estate Administrator has

settlement authority up to $1,000,000.

a. The RE 65 along with the response of the Real Estate Administrator are to

be part of the acquisition parcel file.

D. Settlement AuthorityLPA Project Having State or Federal Funds in Right of Way

1. The LPA has settlement authority up to $1,000 over FMVE.2. All other settlements must be approved by the DREA subject to the limits of

District authority (same as ODOT let projects). Amounts exceeding District

authority are forwarded to the Administrator of the Office of Real Estate.

3. An LPA may exceed the settlement amount approved by the DREA, but the LPAmust expend its own funds for any amount over what was approved by the DREA.

E. Settlement Authority for DistrictsLPA Project Having State or Federal Funds in theProject, but not in Right of Way

1. The LPA has full administrative settlement authority. The DREA must ensure

that acquisition is compliant with the Uniform Act. If LPA uses right of way

payments to offset project/construction costs, the DREA must monitor and

approve all administrative settlements for reasonableness. The REAs signature is

not needed and there are no dollar limits.

5201.11 Documenting NegotiationsA. The District Office is required to maintain adequate records documenting compliance to

the regulations of 49 CFR Part 24, to Section 5501:2-5 of the Ohio Administrative Code

to Ohio law and to the acquisition procedures in the Real Estate Manual. Paragraph (I) in

Section 5501:2-5-01 of the Ohio Administrative Code requires:


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The Agency shall maintain adequate records of its acquisition and displacement

activities in sufficient detail to demonstrate compliance with rules 5501:2-5-01 to

5501:25-06 of the Administrative Code. These records shall be retained for at least 3

years after each owner of the property and each person displaced from the property

receives final payment to which he or she is entitled under rules 5501:2-5-01 to 5501:2-5-06 of the Administrative Code, or in accordance with the applicable regulations of the

federal funding agency, whichever is later.

B. To implement these regulations, the acquisition file shall contain sufficient information todocument compliance with these well-established laws, regulations and procedures.

Documentation of the acquisition file is divided into Negotiations Notes and the Billing

Packages.

C. The Negotiators Notes

1. The primary records of acquisition information and negotiation activities are the

Negotiators Notes. These notes consist of forms RE 60, RE 61 and RE 60-1.

2. The forms shall be filled out in a manner allowing anyone reading the forms tohave a thorough understanding of the information presented by the negotiator as

well as the owners response, concerns, issues and attitude.

3. The forms shall be filled out sufficiently to document compliance with ODOTacquisition procedures and thereby confirm compliance with the requirements of

49 CFR and Section 5501-2-5 of the Ohio Administrative Code, Ohio law and the

procedures established in this Real Estate Manual.

4. Notes that do not properly document compliance with the applicable laws andregulations; or are hand written; or are too abbreviated; or use extensive amounts

of boiler-plated language; or provide too little information about pertinent

conversations between the owner to ODOT (in particular, the owners comments);

or do not accurately document the negotiation process are noncompliant with the

requirements of ODOTs Real Estate Manual.

D. The Billing Package

1. The billing package is the acquisition file when negotiations are completed. The

file contains all forms, correspondence, offers, instruments and any other

documents needed to verify that the negotiation/acquisition processes performed

to date were done in a manner compliant with these acquisition procedures and

the Record Keeping Provision.


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2. The billing package file needs to be reviewed by a person competent in the

acquisition of rights of way. The function of the billing agent reviewer is to

determine whether the information in the billing package: (a) is complete; (b) on

the proper forms, with adequate signatures; and, (c) is sufficient to documentcompliance with these procedures and the Record Keeping provisions.

3. Once the billing package is reviewed and determined compliant, the warrant maybe ordered.

4. The information contained in a billing package can vary depending on the type of

acquisition, the complexity of the acquisition, ownership issues and legal

regulations. Generally, the following items and/or information shall be a part of

any billing package:

a. A copy of all offers including but not limited to:

i. NIAGFO ,

ii. Detailed information regarding method of delivery of NIAGFO,

iii. The Plan Letter attachment, and

iv. Copies of plan sheets that were submitted to the property owner.

b. Title Report and any updates to the Title Report.

c. Appraisal and any other valuations of the property.

d. RE 22 and, if applicable, the RE 22-1.

e. The appraisal review of any appraisal report that was used as the basis for

establishing the FMVE.

f. Any contract (RE 220-B or RE 220-L) used; a contract is mandatory if the

acquisition includes a WD and WL parcel.

g. A copy of each completed instrument and its correct Exhibit A.

h. A signed W-9 and Vendor Information form for each owner being paid

compensation.


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i. If an improvement is located within a take, there must be evidence that

improvement has been purchased. A Bill of Sale (RE 69 AC or RE 69

CC) is used for tenant-owned improvements classified as real property or

improvements belonging to the owner located in easement areas. The

purchase of improvements owned by a fee owner located in a WD or WLtake area is proven by the signed Contract to Sell and Purchase Real

Property. A signed RE 95 must be contained in the file; the RE 95 must

match information contained in the RE 22 and the allocation of

compensation on the NIAGFO.

j. If the improvement is owned by a tenant (many types of signs are owned

by tenants), ensure the acquisition is compliant with 49 CFR 24.105 and

that the RE 56 has been signed by the fee owner, that there has been a

separate negotiation with the fee owner and the tenant-owner and that

there has been no duplication payment. Ensure any tenant-owner of real

property was paid the greater of contributory value or salvage value.

k. Introductory Letter is to be in file.

l. Signed NegotiatorsNotes that adequately comply with procedures.

i. If the offer was not personally delivered and was mailed, Section

163.04 of the Ohio Revised Code requires the mailing to be by

certified mail. ODOT procedure requires the Certified Mail Stub

and the signed Certified Mail Return Receipt to be attached to

the Notes.

m. All correspondence and letters.

n. Any other documentation necessary to allow a reader of the file to

understand the acquisition process has been done in a manner compliant

with these acquisition procedures.

5201.12 Beginning the Process to AppropriateA. The Decision to Appropriate

When negotiations reach an impasse and the District Real Estate Administrator makes the

decision to exercise the power of eminent domain, the negotiator shall present the ownerwith an Appropriation Letter.

1. The Appropriation Letter functions as a notice and advises the owner that this isthe last offer by the District Office and an appropriation action is imminent. The

Letter is to be presented to an owner prior to the parcel being appropriated. The


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Appropriation Letter may be delivered to the owner either personally or by regular

mail.

2. Appropriation is the process of ODOT exercising its power of eminent domain.ODOT may take possession of vacant property and unoccupied structures at thetime of the filing of the petition to appropriate. This is known as quick take.

ODOT may not file the petition to appropriate until 30 days after delivery of the

NIAGFO and not until the owner has been provided a copy of the appraisal.

Possession of occupied structures cannot occur until 60 days after the service of

summons to the owner. FMVE is deposited into the court at the time of the filing

of the petition and an owner may petition the court to withdraw the deposited

funds.

3. Concurrent in time with providing the owner an Appropriation Letter, thenegotiator is to advise the owner of the following information:

a. Inform the owner that the amount of the FMVE will be deposited with the

clerk of court when the appropriation case is filed and that after the

appropriation case is filed, the owner may apply to the court to withdraw

the deposit, subject to the rights of others (e.g. mortgagees).

b. Inform the owner that if any of the deposited FMVE is withdrawn by the

owner, the final award will be reduced by the amount withdrawn.

c. Inform the owner that ODOT is prepared and willing to reopen

negotiations at any time prior to the filing of the appropriation case.

d. Explain to the owner that the appropriation process is one of the owners

rights to due process under the law whenever the parties cannot have

differences of opinion about the price or other terms of an agreed upon

acquisition. The appropriation process is not a threat or coercive act to

induce an owner into an acquisition.

4. When the District Office decides to submit a parcel to AGO for appropriation, theDistrict shall coordinate the timing of the appropriation with AGO.

a. The decision to submit a parcel to AGO for appropriation must be made

with attention to the owners rights, the clear date of the project and theamount of time required by the AGO to file the petition to appropriate.

b. Once the decision has been made to submit a parcel to AGO for

appropriation and coordination with AGO has begun, the negotiator shall

stop negotiating with the owner, unless the District Office and AGO


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advise the negotiator to continue negotiations. However, such continued

negotiations must be done in coordination/communication with AGO.

5. The negotiator is to finalize the Negotiators Notes and the acquisition file inpreparation for the billing package process.

6. The District Office shall order a Title Update that complies with the requirementsfor Title Report set out in Section 5105 ofODOTs Real Estate Manual.

7. The warrant for the FMVE amount is ordered after a review of the billing packagehas determined it sufficient to comply with the procedures in the Real Estate

Manual. The warrant is then forwarded to the AGO.

2013 acquisition 102 training manual part a

Documents