1994-10-24 Public Hearing and Regular Meeting

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~. ~e Right of Way Manual / '-.... :1 301. Contractual Agreements with Counties and Cities 301.01 Purpose of Right of Way Contractual Agreement Initially a contractual agreement for right of way acquisition on a project is executed jointly between the county or city and the State. The purpose of this contract is to provide the right of way needed for a specific highway project through the combined efforts of the State and the county or city, and to delin- eate the responsibilities. of each party. By this agreement the State autho- rizes and requests the county or city to proceed with the right of way acquisition and agrees to reimburse the county or city for. its share of the costs incurred in accordance with the provisions of the agreement. The terms of the agreement apply to new right of way authorized and requested by the Department which is needed and not yet dedicated, in use, or previously acquired in the name of the State or county or city for highway, street, or road pur- poses. The agreement also applies to needed outstanding property interests in existing right of way and to eligible utility adjustments not previously made, as authorized and requested by the Department. The agreement provides the coun- ty's or city's acceptance of the responsibility to acquire all of the needed right of way and to obtain good title in the name of the State. 301.02 Responsibilities Established in Contractual Agreement The contractual agreement establishes that the State I s reimbursement to the county or city for negotiated parcels will be ninety (90) percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount, and that on condemned parcels the ninety (90) percent reimburse- ment will be based on the final judgment provided the State has been given proper notice of all action taken therein as required by the law. In addition to this sharing of property costs, the State also participates in costs of Special Commissioners' Hearings, appraisal expenses for the' State's fee appraisers used in condemnation cases, utility relocations, fencing and property adjustments. ~ The contractual agreement provides for division of certain other responsibili- ties for the project development. The county or city assumes entire responsi- bility for the costs incurred in arriving at values to recommend for State approval, all costs relative to negotiation, its attorney fees for condemnation proceedings, and the cost of recording instruments of conveyance. The Depart- ment assumes the responsibility and costs of land surveys, property descrip- tionB, title information, preparation of instruments, right of way maps, supplemental investigations or appraisals necessary to determine the appropri- ateness of submitted values and fees for title services. The Department is also responsible for appraisal costs where the State is to determine values as a result of the city's or county's use of the waiver provision of the contractual agreement. ]-4