236.10 Right Of Way Condemnation - Revision history

Hoskir: /* 236.10.7.6 Just Compensation for Condemned Properties (RSMo 523.039) */ updated per RR4111

2025-10-20T13:49:25Z

236.10.7.6 Just Compensation for Condemned Properties (RSMo 523.039): updated per RR4111

← Older revision		Revision as of 08:49, 20 October 2025
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	===236.10.7.6 Just Compensation for Condemned Properties ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.039])===		===236.10.7.6 Just Compensation for Condemned Properties ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.039])===

	As defined in the law, in all condemnation proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following methods. The method used will be the one that yields the highest payment.		As defined in the law, in all condemnation proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following methods. The method used will be the one that yields the highest payment.

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	Keep in mind that the three methods listed above are referenced in the law as instructions to Circuit Court Judges once the property has been condemned. Neither the MHTC nor other condemning authorities are obligated or required to use these methods to determine just compensation.		Keep in mind that the three methods listed above are referenced in the law as instructions to Circuit Court Judges once the property has been condemned. Neither the MHTC nor other condemning authorities are obligated or required to use these methods to determine just compensation.

	~~'''HOUSE BILL 1944 SECTION 523.061'''~~

	After the filing of the commissioners' report pursuant to section 523.040, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead acquisition has occurred and shall determine whether heritage value is payable and shall increase the commissioners' award to provide for the additional compensation due where a homestead acquisition occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. If a jury trial of exceptions occurs under section 523.060, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead acquisition has occurred and shall determine whether heritage value is payable and shall increase the jury verdict to provide for the additional compensation due where a homestead acquisition occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039.

	===236.10.7.7 Report of Commissioners ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.040])===		===236.10.7.7 Report of Commissioners ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.040])===

Hoskir: /* 236.10.7.4 Appraisal, Waiver Valuation and Written Offer (RSMo 523.253) */ updated link to ROW Staff

2025-01-09T18:45:02Z

236.10.7.4 Appraisal, Waiver Valuation and Written Offer (RSMo 523.253): updated link to ROW Staff

← Older revision		Revision as of 13:45, 9 January 2025
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	If it is necessary to acquire a parcel through condemnation and the property owner qualified for the Heritage Value, the approved just compensation as submitted to the district regional counsel for condemnation will only include the just compensation as approved on the appraisal. The Heritage Value will only be considered as an administrative settlement and not a portion of the approved offer.		If it is necessary to acquire a parcel through condemnation and the property owner qualified for the Heritage Value, the approved just compensation as submitted to the district regional counsel for condemnation will only include the just compensation as approved on the appraisal. The Heritage Value will only be considered as an administrative settlement and not a portion of the approved offer.

	Should a difficult or unusual circumstance arise, consult the appropriate regional counsel and/or [https://~~spexternal~~.~~modot~~.~~mo.gov~~/sites/de/SitePages/~~CO%20RW%20Staff~~.aspx Right of Way Section].		Should a difficult or unusual circumstance arise, consult the appropriate regional counsel and/or [https://modotgov.sharepoint.com/sites/DE/SitePages/Right-of-Way-Staff.aspx Right of Way Section].

	'''HOMESTEAD VALUE'''		'''HOMESTEAD VALUE'''

Hoskir: /* 236.10.7.1 Introduction */ updated link to ROW staff

2025-01-09T18:42:41Z

236.10.7.1 Introduction: updated link to ROW staff

← Older revision		Revision as of 13:42, 9 January 2025
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	===236.10.7.1 Introduction===		===236.10.7.1 Introduction===

	Acquisition of property by "eminent domain" requires the condemned property to be considered for Heritage Value and Homestead Acquisitions; whichever would net the higher proceeds to the owner, if applicable. In the effort to provide the best opportunity for successful negotiations, MoDOT has made the decision to implement these considerations as a part of the negotiations process. This policy provides guidance and a quick reference to the process of acquiring property by eminent domain. However, using district regional counsel and resources from the [https://~~spexternal~~.~~modot~~.~~mo.gov~~/sites/de/SitePages/~~CO%20RW%20Staff~~.aspx Right of Way Section] should help determine district direction as well as provide consistency between districts.		Acquisition of property by "eminent domain" requires the condemned property to be considered for Heritage Value and Homestead Acquisitions; whichever would net the higher proceeds to the owner, if applicable. In the effort to provide the best opportunity for successful negotiations, MoDOT has made the decision to implement these considerations as a part of the negotiations process. This policy provides guidance and a quick reference to the process of acquiring property by eminent domain. However, using district regional counsel and resources from the [https://modotgov.sharepoint.com/sites/DE/SitePages/Right-of-Way-Staff.aspx Right of Way Section] should help determine district direction as well as provide consistency between districts.

	No condemning authority shall acquire private property through the process of eminent domain for solely economic development purposes.		No condemning authority shall acquire private property through the process of eminent domain for solely economic development purposes.

Hoskir: /* 236.10.7.3 Written Notice (RSMo 523.250) */ removed the first bullet due to RR3973

2025-01-03T19:03:48Z

236.10.7.3 Written Notice (RSMo 523.250): removed the first bullet due to RR3973

← Older revision		Revision as of 14:03, 3 January 2025
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	At least sixty days before filing the condemnation petition seeking to acquire an interest in real property, the condemning authority will provide the owner of record of such property with a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]. Written notices will be provided to the owner of record, in addition to any other parties to which a written offer will be made. Such notice shall include:		At least sixty days before filing the condemnation petition seeking to acquire an interest in real property, the condemning authority will provide the owner of record of such property with a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]. Written notices will be provided to the owner of record, in addition to any other parties to which a written offer will be made. Such notice shall include:

	~~:* The date the Written Notice of Alternative Location and Design Letter was received by the property owner (date mailed, emailed, hand delivered, etc.).~~
	:* Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property (examples: land, access rights, permanent easement, temporary easement, etc.; street address, relationships to landmarks, etc.)		:* Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property (examples: land, access rights, permanent easement, temporary easement, etc.; street address, relationships to landmarks, etc.)
	:* The purpose or purposes for which the property is to be acquired, which would be the general description of the project that is consistent with the STIP description.		:* The purpose or purposes for which the property is to be acquired, which would be the general description of the project that is consistent with the STIP description.

Hoskir: removed link to Alt loc and design per RR3973

2024-12-24T17:07:19Z

removed link to Alt loc and design per RR3973

← Older revision		Revision as of 12:07, 24 December 2024
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	<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms</center></u>'''		'''<u><center>Forms</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]
	*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]		*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]

Hoskir: /* 236.10.7 Eminent Domain Guidelines */ updated per RR3973

2024-12-24T17:02:05Z

236.10.7 Eminent Domain Guidelines: updated per RR3973

← Older revision		Revision as of 12:02, 24 December 2024
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	'''Homestead Taking''', any taking of a dwelling owned by the property owner and functioning as the owner’s primary place of residence or any taking of the owner’s property within three hundred feet of the owner’s primary place of residence that prevents the owner from utilizing the property in substantially the same manner as it is currently being utilized.		'''Homestead Taking''', any taking of a dwelling owned by the property owner and functioning as the owner’s primary place of residence or any taking of the owner’s property within three hundred feet of the owner’s primary place of residence that prevents the owner from utilizing the property in substantially the same manner as it is currently being utilized.

	===236.10.7.3 ~~Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===~~		===236.10.7.3 Written Notice ([https://revisor.mo.gov/main/OneSection.aspx?section=523.250&bid=28018&hl= RSMo 523.250])===

	Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time. Any deviation from this guidance will require approval from the Assistant to State Design Engineer – Right of Way.

	The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.

	The condemning authority will consider all such alternative location proposals. A written statement containing the following is conclusive evidence that sufficient consideration was given to alternative location proposals. Therefore, to be found to have engaged in good-faith negotiations during condemnation proceedings, the condemning authority must provide a written statement to landowners who propose alternative locations. An example draft response with drafter’s notes can be found at this link [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Response%20to%20Written%20Notice%20of%20Alternative%20Location%20and%20Design_.docx Property Owner Response to Written Notice of Alternative Location and Design].

	~~The written statement '''must''' include the following:~~
	* that the alternative location has been considered, AND
	* an explanation of why the alternative location was rejected or accepted.

	~~MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.~~

	~~If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations.~~

	~~District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.~~

	The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.

	~~===236.10.7.4~~ Written Notice ([https://revisor.mo.gov/main/OneSection.aspx?section=523.250&bid=28018&hl= RSMo 523.250])===

	At least sixty days before filing the condemnation petition seeking to acquire an interest in real property, the condemning authority will provide the owner of record of such property with a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]. Written notices will be provided to the owner of record, in addition to any other parties to which a written offer will be made. Such notice shall include:		At least sixty days before filing the condemnation petition seeking to acquire an interest in real property, the condemning authority will provide the owner of record of such property with a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]. Written notices will be provided to the owner of record, in addition to any other parties to which a written offer will be made. Such notice shall include:
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	The Written Notice of the Intended Acquisition is to be immediately provided to property owners following the approval of right of way plans. The district shall determine the exact method for delivery of the notice. However, if the district decides to hand-deliver the notice, property owners will be expected to sign a receipt verifying that they have received the notice, and the specific date on which the notice was received. Should the property owners refuse to sign a receipt verifying that they have received the notice, the individual delivering the notice should document the file with the date the notice was delivered, who delivered the notice, who was present when the notice was delivered, that the property owners refused to sign a receipt, etc.		The Written Notice of the Intended Acquisition is to be immediately provided to property owners following the approval of right of way plans. The district shall determine the exact method for delivery of the notice. However, if the district decides to hand-deliver the notice, property owners will be expected to sign a receipt verifying that they have received the notice, and the specific date on which the notice was received. Should the property owners refuse to sign a receipt verifying that they have received the notice, the individual delivering the notice should document the file with the date the notice was delivered, who delivered the notice, who was present when the notice was delivered, that the property owners refused to sign a receipt, etc.

	===236.10.7.5 Appraisal, Waiver Valuation and Written Offer ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.253])===		===236.10.7.4 Appraisal, Waiver Valuation and Written Offer ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.253])===

	MoDOT will continue to present a written offer to all owners of record of the property. The offer is to be made at least thirty days before filing a condemnation petition and will be held open for the thirty-day period, unless an agreement is reached sooner.		MoDOT will continue to present a written offer to all owners of record of the property. The offer is to be made at least thirty days before filing a condemnation petition and will be held open for the thirty-day period, unless an agreement is reached sooner.
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	If any situation is encountered that is questionable with regard to the fee owner qualifying to receive the Homestead Value, such as the acquisition of controlled access rights only, contact the Right of Way Section.		If any situation is encountered that is questionable with regard to the fee owner qualifying to receive the Homestead Value, such as the acquisition of controlled access rights only, contact the Right of Way Section.

	===236.10.7.6 Good Faith Negotiations ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.256])===		===236.10.7.5 Good Faith Negotiations ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.256])===

	Before a court may enter an order of condemnation, the court shall find that the condemning authority engaged in good faith negotiations prior to filing the condemnation petition. A condemning authority shall be deemed to have engaged in good faith negotiations if:		Before a court may enter an order of condemnation, the court shall find that the condemning authority engaged in good faith negotiations prior to filing the condemnation petition. A condemning authority shall be deemed to have engaged in good faith negotiations if:
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	If the court does not find that good faith negotiations have occurred, the court shall dismiss the condemnation petition, without prejudice, and shall order the condemning authority to reimburse the owners for their actual and reasonable attorney’s fees and costs incurred with respect to the condemnation proceeding, which has been dismissed. The necessary documentation to be included in the tract packs submitted for condemnation should be coordinated with the district’s regional counsel.		If the court does not find that good faith negotiations have occurred, the court shall dismiss the condemnation petition, without prejudice, and shall order the condemning authority to reimburse the owners for their actual and reasonable attorney’s fees and costs incurred with respect to the condemnation proceeding, which has been dismissed. The necessary documentation to be included in the tract packs submitted for condemnation should be coordinated with the district’s regional counsel.

	===236.10.7.7 Just Compensation for Condemned Properties ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.039])===		===236.10.7.6 Just Compensation for Condemned Properties ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.039])===

	As defined in the law, in all condemnation proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following methods. The method used will be the one that yields the highest payment.		As defined in the law, in all condemnation proceedings filed after December 31, 2006, just compensation for condemned property shall be determined under one of the three following methods. The method used will be the one that yields the highest payment.
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	After the filing of the commissioners' report pursuant to section 523.040, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead acquisition has occurred and shall determine whether heritage value is payable and shall increase the commissioners' award to provide for the additional compensation due where a homestead acquisition occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. If a jury trial of exceptions occurs under section 523.060, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead acquisition has occurred and shall determine whether heritage value is payable and shall increase the jury verdict to provide for the additional compensation due where a homestead acquisition occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039.		After the filing of the commissioners' report pursuant to section 523.040, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead acquisition has occurred and shall determine whether heritage value is payable and shall increase the commissioners' award to provide for the additional compensation due where a homestead acquisition occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039. If a jury trial of exceptions occurs under section 523.060, the circuit judge presiding over the condemnation proceeding shall apply the provisions of section 523.039 and shall determine whether a homestead acquisition has occurred and shall determine whether heritage value is payable and shall increase the jury verdict to provide for the additional compensation due where a homestead acquisition occurs or where heritage value applies, in accordance with the just compensation provisions of section 523.039.

	===236.10.7.8 Report of Commissioners ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.040])===		===236.10.7.7 Report of Commissioners ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.040])===

	The condemnation commissioners shall have forty-five days after appointment by the court to return report of commissioners. The court may extend this date, with good cause shown.		The condemnation commissioners shall have forty-five days after appointment by the court to return report of commissioners. The court may extend this date, with good cause shown.
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	Prior to the issuance of any report, a commissioner shall notify all parties named in the condemnation petition, no less than ten days prior to the commissioners’ viewing of the property, of the named parties’ opportunity to accompany the commissioners on the commissioners’ viewing of the property and of the named parties’ opportunity to present information to the commissioners.		Prior to the issuance of any report, a commissioner shall notify all parties named in the condemnation petition, no less than ten days prior to the commissioners’ viewing of the property, of the named parties’ opportunity to accompany the commissioners on the commissioners’ viewing of the property and of the named parties’ opportunity to present information to the commissioners.

	===236.10.7.9 Displaced Owners ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.055])===		===236.10.7.8 Displaced Owners ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.055])===

	Displaced owners of a principle place of residence shall have 100 days possession from the filing of the Report of Commissioners. For detailed information, please refer to [[236.8 Relocation Assistance Program#236.8.14.1 General Information\|EPG 236.8.14.1]] and [[236.8 Relocation Assistance Program#236.8.14.2 Notice to Vacate\|EPG 236.8.14.2]], and [http://eprojects/Templates/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx Form 236.8.14.2(d)1(c))]. The 100-Day Vacancy Notice is the only vacancy notice required for owner-occupants who are displaced from their primary place of residence and shall be provided to the owner immediately after the filing of the Report of Commissioners.		Displaced owners of a principle place of residence shall have 100 days possession from the filing of the Report of Commissioners. For detailed information, please refer to [[236.8 Relocation Assistance Program#236.8.14.1 General Information\|EPG 236.8.14.1]] and [[236.8 Relocation Assistance Program#236.8.14.2 Notice to Vacate\|EPG 236.8.14.2]], and [http://eprojects/Templates/RW/Chapter%208_Relocation/First%20Vacancy%20Notice%20Condemnation%20Total%20Form%20236.8.14.2.D.1.C.docx Form 236.8.14.2(d)1(c))]. The 100-Day Vacancy Notice is the only vacancy notice required for owner-occupants who are displaced from their primary place of residence and shall be provided to the owner immediately after the filing of the Report of Commissioners.
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	Vacancy Notice requirements for the other types of displacements will remain the same.		Vacancy Notice requirements for the other types of displacements will remain the same.

	===236.10.7.10 Recovering Damages and Fees ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.259])===		===236.10.7.9 Recovering Damages and Fees ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.259])===

	If any condemning authority abandons a condemnation, each owner of interests sought to be condemned shall be entitled to recover:		If any condemning authority abandons a condemnation, each owner of interests sought to be condemned shall be entitled to recover:
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	* The owner’s actual damages accruing as a direct and proximate result of the pendency of the condemnation, if proven by the owner.		* The owner’s actual damages accruing as a direct and proximate result of the pendency of the condemnation, if proven by the owner.

	===236.10.7.11 RWPA System Requirements for Condemnations===		===236.10.7.10 RWPA System Requirements for Condemnations===
	All applicable data must be entered in RWPA under the Condemnation screen for each parcel being condemned.		All applicable data must be entered in RWPA under the Condemnation screen for each parcel being condemned.




	[[category:236 Right of Way\|236.10]]		[[category:236 Right of Way\|236.10]]

Hoskir: updated broken links in forms section

2024-12-19T19:04:12Z

updated broken links in forms section

← Older revision		Revision as of 14:04, 19 December 2024
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	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]
	'''<u><center>Additional Information</center></u>'''		'''<u><center>Additional Information</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.~~docx~~ Business Relocation Brochure]		*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure]
	*[[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations\|Eligibility Notice]]		*[[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations\|Eligibility Notice]]
	*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.~~docx~~ Residential Relocation Brochure]		*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]
	</div>		</div>

Hoskir: /* 236.10.7.3 Alternative Location Proposals (RSMo 523.265) */ updated per RR3855

2024-03-26T17:09:39Z

236.10.7.3 Alternative Location Proposals (RSMo 523.265): updated per RR3855

← Older revision		Revision as of 12:09, 26 March 2024
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	===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===		===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===

	Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time.		Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time. Any deviation from this guidance will require approval from the Assistant to State Design Engineer – Right of Way.

	The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.		The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.

Hoskir: /* 236.10.7.3 Alternative Location Proposals (RSMo 523.265) */ updated per RR3835

2024-02-13T19:03:39Z

236.10.7.3 Alternative Location Proposals (RSMo 523.265): updated per RR3835

← Older revision		Revision as of 14:03, 13 February 2024
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	===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===		===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===

	~~With regard~~ to ~~property interests acquired by condemnation or negotiations~~, the ~~landowner may propose an alternative location for~~ the property ~~to be condemned to the condemning authority. The alternative location proposal is to be made in writing to the condemning authority, and is to be received~~ by the ~~condemning authority within thirty days~~ of ~~the landowner’s receipt of a~~ [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Written Notice of Alternative Location and Design Letter (Form 236.10.7.3B)~~] sent under Section 523.250. Further, the alternative location proposal~~ is ~~to be on~~ the ~~same parcel~~ of ~~the landowner’s property that the condemning authority seeks to condemn~~, ~~and~~ be ~~in such detail that~~ the ~~alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land~~.		Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time.

	The ~~condemning authority will consider all such~~ alternative location ~~proposals. A written statement containing~~ the ~~following~~ is ~~conclusive evidence that sufficient consideration was given~~ to ~~alternative location proposals~~. ~~Therefore~~, to be ~~found~~ to ~~have engaged~~ in ~~good-faith negotiations during condemnation proceedings,~~ the condemning authority ~~must provide a written statement~~ to ~~landowners who propose alternative locations~~. ~~The written statement '''must''' include the following:~~		The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.

			The condemning authority will consider all such alternative location proposals. A written statement containing the following is conclusive evidence that sufficient consideration was given to alternative location proposals. Therefore, to be found to have engaged in good-faith negotiations during condemnation proceedings, the condemning authority must provide a written statement to landowners who propose alternative locations. An example draft response with drafter’s notes can be found at this link [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Response%20to%20Written%20Notice%20of%20Alternative%20Location%20and%20Design_.docx Property Owner Response to Written Notice of Alternative Location and Design].

			The written statement '''must''' include the following:
	* that the alternative location has been considered, AND		* that the alternative location has been considered, AND
	* an explanation of why the alternative location was rejected or accepted.		* an explanation of why the alternative location was rejected or accepted.
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	MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.		MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.

	If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations. The law allows the property owner to submit an alternate location for the improvement project and requires MoDOT consider that alternative. Property owners have up to 30 days after they receive the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter].		If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations.

	District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.		District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.

	Since condemnation is uncertain at the time right of way plans are approved, MoDOT will provide the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter] and [[media:236.18.8_60_Day_Notice_Letter_for_LPAs.doc\|60 day Notice of Intent to Acquire Letter]] written statements to all property owners, or potential property owners, who submit alternate location proposals.

	MoDOT personnel are to respond within 10 days of receipt of an Alternative Location in the event a response from property owners is received. An example draft response with drafter’s notes can be found at this link [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Response%20to%20Written%20Notice%20of%20Alternative%20Location%20and%20Design_.docx Property Owner Response to Written Notice of Alternative Location and Design].

	The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.		The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.

Hoskir: removed link to 60 day notice per email from G. Wood

2023-11-06T18:15:05Z

removed link to 60 day notice per email from G. Wood

← Older revision		Revision as of 13:15, 6 November 2023
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	<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms</center></u>'''		'''<u><center>Forms</center></u>'''
	*[https://epgtest.modot.org/files/0/0b/236.18.8_60_Day_Notice_Letter_for_LPAs.doc 60 day Notice of Intent to Acquire Letter]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]