local programs right of way (row) training nausley, local programs row manager dawn fletcher, local...

Dianna Nausley, Local Programs ROW Manager

Dawn Fletcher, Local Programs ROW Coordinator

September/October 2016

Local Programs Right of

Way (ROW) Training

ROW Cert i f icat ion

Training Objectives

• Become familiar with requirements of Title 23 CFR 635.309

• Understand when a project needs to be certified• Identify type of certificate needed for project

certification• Apply learning – properly complete

certification worksheets

What is Certification?

A statement certifying that all right-of-way clearance,

including relocation assistance and right to remove,

salvage, or demolish improvements, has been completed

or that all necessary arrangements have been made for it

to be undertaken and completed as required for proper

coordination with the physical construction schedule. The

purpose of this certification is to inform the contractor of the

status of right-of-way clearance and to certify that the

requirements of the Uniform Act have been met on federally-funded projects.

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Why is Certification Necessary?

• Ensure procedures in the Right of Way

Manual and/or the LAG Manual Chapter

25 have been followed

• Highlights URA Protections

– JC paid before agency takes possession

– Residential displaced persons must be offered

comparable replacement housing

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What are you Certifying?

1. Sufficient property rights to construct, operate, and maintain the facility as shown on the PS&E

2. R/W is clear of encroachments

3. R/W has been acquired in accordance with the URA and/or Federal Land Transfer processes

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What are you Certifying?

4. Relocation Assistance is complete

5. Properties acquired in advance of NEPA Clearance (including donations) shall be identified

6. Environmental Commitments Are Included

7. Agency has physical possession and right to remove, salvage or demolish improvements and enter on all land

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When to Certify?

Federal funds are in either or both:Right of Way Phase

Construction Phase

Federal Regulation: 23 CFR 635.309

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Types of ROW Certificates

Certificate # 1 - All R/W Acquired

• All rights have been acquired– Including control of access when pertinent

– Legal and physical possession (P&U)

– Trial or appeal of cases may be pending but legal possession

• All occupants have vacated the R/W

• Right to enter on all land

• Right to remove, salvage, or demolish any

remaining improvements

23 CFR 635.309(c)(1)8


Certificate #2 - Right to Occupy All R/W

• Right to occupy and to use all rights of way

– Trial or appeal of some parcels may be pending

– Some parcels may have right of entry or possession and use

only, legal ownership has not been obtained

• All occupants have vacated the R/W

• Right to enter on all land

• Right to remove, salvage, or demolish any remaining

improvements

23 CFR 635.309(c)(2)

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Types of ROW CertificatesCertificate #3 - All R/W Not Acquired

• Acquisition of a few remaining parcels is not complete

• All occupants of residences have had replacement housing made

available to them in accordance with 49 CFR 24.204

• Ensure occupants, who have not yet moved from the ROW are

protected against unnecessary inconvenience and disproportionate

injury or any action coercive in nature

• Justification required

– Full explanation and reasons

– Identify of each parcel

– Realistic date when physical occupancy and use is anticipated

Two cert 3 options – Excepted Parcel & Time Based

23 CFR 635.309(c)(3)

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Option 1 - Time Based Certificate 3

• Agreement reached and reasonable

expectation that payment and relocation

will be completed prior to bid opening

• Use of time between Ad and Bid Opening

23 CFR 635.309(c)(3)

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Option 2 – Excepted Parcel Certificate 3

• Notification provided in bid proposals identifying all

locations where right of occupancy and use has not be

obtained

• Requires a work around if not complete by estimated

possession date

– Contractor must work around entire parcel(s)

• Rare and unusual circumstances

Exception must never become the rule!

23 CFR 635.309(c)(3)

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Types of Reviews

• Spot Check Review– proactive measure intended to lessen risk to agency

– 25% requirement of active projects

– Corrections are approved at the LAC level

• Certification Review– LPA certifies that ROW acquisition work has been

completed in compliance with federal regulations

– Correction approvals depend on nature of the

compliance issue

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Oversight Report

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ROW Certificate Date

• For Certificate 1, 2, & Time-based 3s

– Certificate date for federal aid projects is

the date on the WSDOT Concurrence

Letter sent to FHWA

• For Excepted Parcel(s) Certificate 3s

– FHWA will issue an approval letter and

that is the certification date

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Certification Worksheet

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Practical Application

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Exercise #1Select & complete the appropriate certification

worksheet for this “Trail to Heaven” project by the

City/County of Angels, federal-aid no. STP-

7777(777):

The project involves construction of a segment of

new trail across Port of Spirit & DNR property

(ROW plan sheet 1).

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Exercise #1

What type of ROW Certificate?

Why?

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Exercise #1


Type = Cert 2

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Exercise #1

Why?

Type: Cert 2

Because…

• ROW not fully acquired

• Right to use & occupy acquired

• Right of entry (permit) has been obtained

• Agency has possession of property

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Exercise #1

Complete the Header w/the project info

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Exercise #1

How many parcels were acquired for the

Trail portion of the project?

a) 1 parcel

b) 2 parcels

c) 4 parcels

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Exercise #1



1 parcel

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Exercise #1



1 parcel

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Exercise #1

What type of acquisition is this?

a) Easement

b) TCE (Temporary Construction Easement)

c) Permit

d) Right of Entry

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Exercise #1


Right of Entry

Title/purpose:

Grants Possession:

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Exercise #1


Right of Entry

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Exercise #1

What is the effective date of the ROE?

a) August 15, 2016 11:59 p.m.

b) August 25, 2016

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Exercise #1

What is the effective date of the ROE?

August 25, 2016

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Exercise #1

What is the date the ROE Expires?

a) August 31, 2017

b) To be determined

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Exercise #1


To be determined

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Exercise #1


To be determined

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Exercise #1

Which column indicates the date the agency

acquired or took possession of the property?

a) Date Acquired

b) Possession Date

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Exercise #1

Which column indicates the date the agency

acquired or took possession of the property?

Possession Date

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Exercise #1

Don’t forget to complete the relocation

section, even when there’s none, you need

to check that box!

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Exercise #1

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Exercise #2Pillars County will be constructing their “Nicewater Bridge

Replacement” project which has federal funds in the construction

phase. Federal-aid no. BRO-3333(333).

The project involves replacement of the current bridge at the Nicewater

crossing of Ziggy Creek to improve safety and to reduce scour risks

and accommodate stream behavior. (ROW plan equivalent – Exhibit B)

The work on the project will be completed in the existing ROW except

for work that needs to be done on property owned by the USDA Forest

Service, Government Lot 7. Your agency obtained a Public Road

Easement from the Forest Service on August 2, 2016 for approximately

28,000 sf of land. The easement was recorded on August 2, 2016. No

compensation was paid.

No relocation.

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Exercise #2

What type of ROW Certificate

will be needed?Complete the appropriate worksheet

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Exercise #2


Type = Cert 1

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Exercise #2

Why?

Type: Cert 1

Because…

• ROW is fully acquired – permanent

easement

• Right to use & occupy acquired

• Agency has possession of property

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Exercise #2


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Exercise #2

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Exercise #3The City of Mountains will be constructing their “Breezeway Trail” project which has

federal funds in the ROW and construction phases. Federal-aid no. STPR-1111(111).

The project involves the design and construction of an approximately 0.8 mile segment of

the Breezeway Trail along the I-5 corridor.

The work on the project will be completed in the existing ROW except for work that needs

to be done on property owned by WSDOT. The city is in the process of obtaining a Trail

Lease from WSDOT but it has not yet been executed and the access break has not yet

been approved. The lease will be valid through October 6, 2028. It is anticipated that the

city will have the executed Trail Lease in hand by June 30, 2016. The city also obtained

a permit on May 13, 2016 from WSDOT to perform the necessary construction work that

will expire upon completion of construction.

WSDOT parcel appears on pages 1,2,and 3 of the ROW Plan.

No relocation.

Anticipated ad date is June 17, 2016.

Anticipated bid opening is July 19, 2016.

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Exercise #3

What type of ROW Certificate

will be needed?Complete the appropriate worksheet

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Exercise #3


Type = Cert 3 – Time based

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Exercise #3Why?

Type: Cert 3 – Time Based

Because…

• ROW is not fully acquired

• Right to use & occupy acquired via permit – can

construct

• Agency has possession of property via permit

• Anticipated that final document will be executed and in

hand by June 30, 2016 which is prior to bid opening

• Agency agrees not to open bids until recertified to 1 or 2

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Exercise #3

Justification:

A certificate #3 allows the City of Mountains to advertise this project,

securing the STIP funding for the shared-use trail. The city must

advertise the project and obligate funding this year to procure the

funds. A WSDOT Construction Agreement was procured on May 13,

2016. Property rights not acquired is a WSDOT Right-of-Way Lease

Agreement (Trail Lease). Resolution is expected on or before June 30,

2016. Bid advertisement will not commence until a Certificate #3 has

been approved.

The project will be recertified to a certificate #2 once the Lease

Agreement has been attained. Bid opening will not occur until the

project has been recertified.

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Exercise #3Condition of Cert 3

The City must recertify to a

Certificate #1 or #2 prior to bid

opening

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Exercise #3


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Exercise #3

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