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Right of Way Manual

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Right of Way Manual Right of Way Manual Forward Corrections To: Lois Little [email protected] (336)- 334-3515 FHWA Approved until: December 21, 2023 Latest ROW Update: April 28, 2021 Table of Contents CHAPTER 1 Sections INTRODUCTION CHAPTER 2 Sections THE RIGHT OF WAY UNIT CHAPTER 3 Sections ACQUISITION CHAPTER 4 Sections PROCEDURES PRELIMINARY TO APPRAISAL CHAPTER 5 Sections APPRAISAL CHAPTER 6 Sections TITLE INVESTIGATIONS CHAPTER 7 Sections INSTRUMENTS OF CONVEYANCE CHAPTER 8 Sections EXECUTION AND ACKNOWLEDGMENT OFINSTRUMENTS CHAPTER 9 Sections SPECIAL CONDITIONS AND SITUATIONS CHAPTER 10 Sections NEGOTIATION CHAPTER 11 Sections CLEARANCE OF SUBORDINATEINTERESTS CHAPTER 12 Sections CLOSURE AND DELIVERY CHAPTER 13 Sections CONDEMNATION CHAPTER 14 Sections PROPERTY MANAGEMENT CHAPTER 15 Sections RELOCATION ASSISTANCE CHAPTER 16 Sections ACQUISITION BY CONSULTANT CONTRACT CHAPTER 17 Sections HIGHWAY BEAUTIFICATION PROCEDURES CHAPTER 18 Sections TITLE VI COMPLIANCE PROGRAM LINKS: NCDOT Area Appraisal Offices NCDOT Division Right of Way Offices Right of Way Central Office Attorney General’s Office-Condemnation Unit-Raleigh Attorney General’s Office- Asheville GeoEnvironmental Locations and Surveys Unit Roadway Design Unit Rail Division Turnpike Authority Utilities Unit CHAPTER 1 INTRODUCTION TABLE OF CONTENTS 1.00 Foreword 1.02 The Responsibility of the Right-of-Way Employees to the Public 1.03 Codes of Ethics 1.04 North Carolina Department of Transportation Ethics Policy 1.05 Statutes Governing Conduct & and Political Activity of Employees 1.06 Outside or Secondary Employment 1.07 Conflict of Interest 1.08 Diary of Daily Activities CHAPTER2 ORGANIZATION, RIGHT OF WAY UNIT TABLE OF CONTENTS 2.01 Organization 2.02 Right of Way Unit Duties 2.03 The Right of Way Unit Manager 2.04 Duties of the Appraisal Unit 2.05 Duties of the Negotiation Unit 2.06 Duties of the Administrative Unit 2.07 Legal- The Attorney General's Office CHAPTER3 ACQUISITION TABLE OF CONTENTS 3.01 Acquisitions, General Requirements 3.02 Statutory Provisions Applicable to Right-of-Way Acquisition 3.03 Board of Transportation Delegation of Authority Concerning ROW Acquisitions 3.04 Department of Transportation Policy for Acquisitions 3.05 Interest in Right-of-Way Acquired 3.06 Acquisition of Areas in Excess of Project Requirements 3.07 Advance Right-of-Way Acquisitions 3.08 Date of Acquisition 3.09 Right-of-Way Authorizations 3.10 Adherence to Right-of-Way Schedules 3.11 Right-of-Way Certifications 3.12 Acquisition Reports 3.13 Review Boards CHAPTER 4 PROCEDURES PRELIMINARY TO APPRAISAL TABLE OF CONTENTS 4.01 Early Project Development 4.02 Field Plan Inspection 4.03 Confirmation of Existing Right-of-Way 4.04 Designation of Parcel Numbers 4.05 Distribution & Review of Plans 4.06 Statements of Negotiator 4.07 Verification of Areas and Preparation of CADD 4.08 Field Inspection & Examination of Each Individual Parcel 4.09 Notice of Abandonment 4.10 Right-of-Way Claims 4.11 Negotiating Diary 4.12 Initial Contact with Property Owners 4.13 Division Design, Spot Safety, and State-Funded 4.14 Appraisal Requests 4.15 Appraisal Request Revisions/Corrections 4.16 Insignificant & Minor Changes to Appraisals (Red-Line Approach) 4.17 Second Acquisitions 4.18 Required Surveying Information in Certain Acquisition Plans CHAPTER 5 APPRAISAL TABLE OF CONTENTS 5.01 The Uniform Act and the General Statutes of North Carolina 5.02 Purpose of the Appraisal 5.03 Confidentiality of Appraisals 5.04 Conduct of the Appraiser 5.05 Contacts with Property Owners 5.06 Absentee Property Owners 5.07 Interpretation of Plans 5.08 Conflict of Interests 5.09 Qualifications of Fee Appraisers 5.10 Experience Questionnaire 5.11 Appraisal Fee Proposal 5.12 The Appraisal Contract 5.13 Contract Extensions 5.14 Flexibility of Requirements 5.15 Statements for Appraisal Services 5.16 General Valuation Information 5.17 Superfluous Entries 5.18 Appraisal Copies 5.19 Data Collection 5.20 Basic Data Report 5.20A Description and Analysis of Comparables 5.21 Confirmation of Comparables 5.22 The Narrative Report Format 5.23 Appraisal Summary Sheet 5.24 Preamble 5.25 Inspection of the Property 5.26 Description and Analysis of the Marketing Neighborhood and District 5.27 Description of the Land or Site 5.28 Description of the Improvements 5.29 Zoning Information 5.30 Property Tax 5.31 Public and Private Restrictions 5.32 History of the Property 5.33 Highest and Best Use Estimate 5.34 Valuation of Property Before the Taking 5.35 Omission of an Approach to Value 5.36 Sales Comparison Approach 5.37 Cost Approach 5.38 Land Valuation 5.39 Building Reproduction Cost 5.40 Estimate of Accrued Depreciation 5.41 Income Capitalization Approach 5.42 The Potential Gross Income Estimate 5.43 Vacancy and Collection Loss 5.44 Expenses and Net Income 5.45 Capitalization 5.46 Capitalization Rates 5.47 Rent Multipliers 5.48 Indicated Value by the Income Capitalization Approach 5.49 Reconciling Before Value Indications 5.50 Description of the Taking 5.51 Description of the Remainder and the Effects of the Taking 5.52 Highest and Best Use of the Remainder 5.53 Valuation of Property After the Taking 5.54 Reconciling After Value Indications 5.55 Difference in Before and After Value 5.56 The Appraisal Report Addenda 5.57 Allocation 5.58 Photographs of the Subject Property 5.59 Sketch of the Subject Property 5.60 Floor Plan of Improvements 5.61 Photographs of Comparables 5.62 Sketches of Comparables 5.63 Location Map 5.64 Additional Exhibits 5.65 Certificate of the Appraiser 5.66 Proofreading the Report 5.67 Errors in the Appraisal Report 5.68 Form Appraisal Reports 5.69 ROW Transmittal Summary 5.70 Items to be Furnished the Appraiser 5.71 General Legal Principles 5.72 Measure of Damages 5.73 Date of Taking and Time When Property is Valued 5.74 Nature of Taking- What is Taken 5.75 Noise 5.76 General and Special Benefits 5.77 Competitive Sales as Evidence of Value by the Court 5.78 Prior Sales of Subject Property 5.79 Settlements, Offers, Etc. 5.80 Adaptability, Subdivisions 5.81 Unity of Lands 5.82 Zoning as Related to Legal Guide 5.83 Business Profits 5.84 Leasehold Interests 5.85 Mineral Deposits and Timber 5.86 Temporary Takings for Borrow or Material Pits, Haul Roads and Detour Roads 5.87 Non-Compensable Damages 5.88 Non-Compensable Damages-Summary 5.89 Highway Easements Outside the Right Of Way 5.90 Equipment and Machinery 5.91 Specialized Equipment, Machinery, Trade Fixtures, and Timber 5.92 Staff Appraisal Assignment 5.93 Outside Employment-General 5.94 Outside Employment- Appraisal Work by Staff Appraisers 5.95 Preliminary Parcel Study 5.96 Planning for Assignment of Appraisals 5.97 Number of Appraisals 5.98 Partial Taking of Building Affidavit 5.99 Estimates for Cost of Cutting off Buildings at Proposed Right-of-Way Line 5.100 Retention Value of Timber 5.101 Appraisal of Advertising Signs 5.102 Review of Appraisals 5.103 Review Certification 5.104 Distribution of Appraisals 5.105 Cooperation with Negotiations in Explaining Appraisals Reevaluation 5.106 Reevaluation of Appraisals based on Negotiation Developments 5.107 Reevaluation of Appraisals and Securing Appraisals for Further Study 5.108 Reevaluation of Appraisals During Condemnation Phase-Securing Additional Appraisals for Court Purposes 5.109 Pre-Trial Conference and Court Trial 5.110 Right-of-Way Estimates for Programming, Location, Design, and Updating the Transportation Improvement Program 5.111 Justification of Service Roads by Service Road Economic Study 5.112 Closure Roads 5.113 Service Roads Justified by Estimates 5.114 Service Roads Justified by Appraisals 5.519 Map Act Corridor Preservation Restrictions CHAPTER 6 TITLE INVESTIGATIONS TABLE OF CONTENTS 6.01 Certificates of Title- Where Required 6.02 Certificates of Title- From Whom and How Obtained 6.03 Form of Certificate 6.04 Final Certificate 6.05 Payment for Title Services 6.06 Mobile Homes Considered as Realty- Title CHAPTER 7 INSTRUMENTS OF CONVEYANCE TABLE OF CONTENTS 7.01 Preparation of Instruments of Conveyance 7.02 Deed and Easement Forms 7.03 FRM7-A (Fee Simple Right of Way with No C/A) 7.04 FRM7-B (All Acquisitions of C/A by Deed) 7.05 FRM7-C (Permanent Easement for ROW FRM7-CA (Permanent Easement for ROW with CA) 7.06 FRM7-N Permanent Drainage Easement (PDE) 7.07 FRM7-U (Permanent Utility Easement) 7.08 FRM7-V (Aerial Utility Easement) 7.09 FRM7-W (Drainage/Utility Easement) 7.10 FRM7-D Temporary Easements 7.11 FRM7-T Options 7.12 FRM7-J General Warranty Deeds FRM-JJ Special Warranty Deeds 7.13 Release Deeds or Subordination Agreements 7.14 Deed for Purchase of Buildings located Partially Outside the Right of Way 7.15 Access Change Agreement 7.16 Special Agreements, Provisions and Clauses 7.17 Deeds and Easements Where Plans are Not Recorded 7.18 Conveyances from Federal Agencies 7.19 Acquisition of Secondary Roads Rights of Way 7.20 Agreements for Local Material 7.21 Obligations Other than Those Set Out in the Instrument will not be Recognized 7.22 Warranty Provisions 7.23 Indemnification or Holding Parties Harmless in Instruments Prohibited 7.24 Policy on Voiding or Superseding Signed Right of Way Instruments 7.25 Dedication of Right of Way and Easements 7.26 Private Access Easements CHAPTER 8 EXECUTION AND ACKNOWLEDGMENT OF INSTRUMENTS TABLE OF CONTENTS 8.01 Execution of Instruments - General 8.02 Acknowledgment of Instruments (Notary) 8.03 Ownership by Persons 8.04 Ownership by Corporations 8.05 Ownership by a Limited Liability Company 8.06 Ownership by Partnership 8.07 Ownership by Estate 8.08 Ownership by Minors
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