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PLANNING, PRODUCTION & REAL ESTATE ACQUISITION
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Acquiring Contaminated Properties
In past, ODOT has acquired contaminated properties when the amount to be acquired increased◦Laws for government acquisition
New process developed to address acquisition of contaminated sites◦Located in Environmental Site Assessment
Manual, Appendix B and Real Estate Acquisition Manual, Section 5320
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Types of SitesAcquisition of entire contaminated site
◦Gas stations◦Dry cleaners
Highly regulated site regardless of ROW◦Superfund◦DERR◦VAP◦Landfills (know or unknown to regulators)
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ProcedureDEC notifies District Real Estate
Administrator of contaminated properties that would require additional ESA if ROW changes by IOC◦After Phase II ESA◦During NEPA or after NEPA completed
DEC arranges meeting to discuss course of action for site
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Meeting personnelDistrict Environmental CoordinatorDistrict Real Estate AdministratorESA Supervisor, Environmental ServicesAppraisal Unit, Central Office Real EstateChief LegalAttorney General’s OfficeOther appropriate ODOT personnel
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Meeting IssuesType & Extent of contaminationBUSTR/OEPA informationESA reports and resultsWould contamination be found without
ODOT project?Would property require remediation
without ODOT project?How would private sector remediate site
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Meeting Issues, cont.What is the cost to the site?Would bank loan money to
someone to purchase the site?What property right should be
purchase?How should the property be
appraised?
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DecisionsSite Specific course of action
◦How to resolve legal issues◦How to acquire the site◦How the site will be appraised
Remedial Options Report
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Remedial Options ReportIs based on what private sector would do
with the siteLetter report
◦Provides short history◦Lists previous ESA investigations, both ODOT
and non-ODOT◦Justification for items considered for estimate◦Estimated remedial cost for private sector
remediation
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Mitigating Ownership Issues Under CERCLAEasement
◦Underlying fee owner stays the same◦Obtains control of site
Appropriations◦Filing of court case◦Forcing sale of site through ODOT’s powers of
eminent domain
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EXAMPLES
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1950 SANBORN
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2010 SITE DRAWING
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QUESTIONS?