236.7 Negotiation - Revision history

Hoskir: /* 236.7.4.4 Agreement for Purchase of Real Estate */ updated per RR4105 - update to exclude Purchase Agreements from Railroads

2025-09-10T14:41:10Z

236.7.4.4 Agreement for Purchase of Real Estate: updated per RR4105 - update to exclude Purchase Agreements from Railroads

← Older revision		Revision as of 09:41, 10 September 2025
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	===236.7.4.4 Agreement for Purchase of Real Estate===		===236.7.4.4 Agreement for Purchase of Real Estate===

	'''A. When Agreement for Purchase of Real Estate is used'''		'''A. When Agreement for Purchase of Real Estate is used'''

	The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [~~http~~://~~sp/sites~~/~~eagreements~~/~~SitePages~~/~~Home.aspx~~ eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services\|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.		The Agreement for Purchase of Real Estate, Form 7-4.4 (CCO RW7) (Form RW7 is accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements]) is used when purchasing property or property rights and an escrow agreement is not being used as discussed in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services\|EPG 236.4.4.6 Escrow Services]]. As required by [https://revisor.mo.gov/main/OneSection.aspx?section=141.250 RSMo 141.250], the proceeds derived from the sale of any lands with a tax lien, shown by records of land trust, the land bank agency, or the city or county collector, shall be distributed to the lien holders first before any proceeds are paid to the property owner. The negotiator is required to determine whether any tax liens exist and ensure the lien holder is paid before the property owner is paid.

	The use of this agreement is not required when obtaining property or property rights from another governmental agency.		The use of this agreement is not required when obtaining property or property rights from another governmental agency. Railroads are generally not required to execute the Agreement for Purchase unless circumstances require it.

	The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.		The use of this agreement is not required when only temporary rights are being acquired via a temporary easement unless circumstances warrant it.

Hoskir: added link to impasse letter in forms section

2025-08-07T20:53:38Z

added link to impasse letter in forms section

← Older revision		Revision as of 15:53, 7 August 2025
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	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter & Waiver of Appraisal (Form 7-2.12)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter & Waiver of Appraisal (Form 7-2.12)]
			*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Impasse%20Letter-%20Example.docx Impasse Letter]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]

Hoskir: /* 236.7.2.20 Acquisition by Condemnation */ updated per RR4090

2025-08-07T20:27:48Z

236.7.2.20 Acquisition by Condemnation: updated per RR4090

← Older revision		Revision as of 15:27, 7 August 2025
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	'''A. When Condemnation Procedure Initiated'''		'''A. When Condemnation Procedure Initiated'''

	Complete policies and procedures regarding eminent domain procedures are described in EPG [[236.10 Right Of Way Condemnation\|236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.		Complete policies and procedures regarding eminent domain procedures are described in EPG [[236.10 Right Of Way Condemnation\|236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation. Another option prior to filing for condemnation is to send the property owner an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Impasse%20Letter-%20Example.docx Impasse Letter] informing them the next step in the negotiation process is condemnation.

	'''B. Transfer of Responsibility From Right of Way to District Counsel'''		'''B. Transfer of Responsibility From Right of Way to District Counsel'''

Hoskir: /* 236.7.2.20 Acquisition by Condemnation */ updated per RR4005

2025-02-18T16:44:16Z

236.7.2.20 Acquisition by Condemnation: updated per RR4005

← Older revision		Revision as of 11:44, 18 February 2025
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	The information needed by the district counsel’s office includes but is not limited to the following:		The information needed by the district counsel’s office includes but is not limited to the following:
			:* [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.
	:* [~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.		:* Title report (less than six months old).
	:* Title report (less than six months old)		:* Copy of appraisal with [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation], (Form 6.4.3).
	:* Copy of appraisal with [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation], (Form 6.4.3)		:* List of parties to be named as defendants and served notice.
	:* List of parties to be named as defendants and served notice
	:* Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).		:* Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).
	:* Copy of pertinent correspondence		:* Copy of pertinent correspondence.
	:* Copy of property description to be used in the Condemnation Petition.		:* Copy of property description to be used in the Condemnation Petition.
	:* Copy of the [~~[media~~:238.2_Exhibit_A.docx~~\|Legal~~ Description, Exhibit A]] for each property description submitted.		:* Copy of the [https://epg.modot.org/forms/general_files/DE/238.2_Exhibit_A.docx Property Description, Exhibit A] for each property description submitted.

	'''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''		'''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''

Hoskir: /* 236.7.2.20 Acquisition by Condemnation */ updated per RR3992

2025-01-31T14:24:47Z

236.7.2.20 Acquisition by Condemnation: updated per RR3992

← Older revision		Revision as of 09:24, 31 January 2025
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	:* Copy of pertinent correspondence		:* Copy of pertinent correspondence
	:* Copy of property description to be used in the Condemnation Petition.		:* Copy of property description to be used in the Condemnation Petition.
	:* Copy of the [~~http~~:~~//sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2)~~.~~doc~~ Legal Description, Exhibit A] for each property description submitted.		:* Copy of the [[media:238.2_Exhibit_A.docx\|Legal Description, Exhibit A]] for each property description submitted.

	'''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''		'''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''

Hoskir: /* 236.7.1 General Provisions */ updated per RR3992

2025-01-31T14:03:13Z

236.7.1 General Provisions: updated per RR3992

← Older revision		Revision as of 09:03, 31 January 2025
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	==236.7.1 General Provisions==		==236.7.1 General Provisions==

	===236.7.1.1 Authority===		===236.7.1.1 Authority===

	The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices.		The Missouri Highways and Transportation Commission is empowered by law, [https://revisor.mo.gov/main/OneSection.aspx?section=227 Chapter 227.120, RSMo.], to purchase, lease or condemn lands in the name of the Missouri Highways and Transportation Commission for purposes deemed necessary for the proper and economical construction and maintenance of state highways. The Commission approves by Certification the detail plans of each project and authorizes the Chief Engineer to acquire all the land, property and rights indicated on said plans by purchase or the Chief Counsel to acquire by condemnation. The Asst. to the State Design Engineer - Right of Way has authority to acquire land, property and rights as indicated on right of way plans through the district right of way offices.

	===236.7.1.2 Project Authorization===		===236.7.1.2 Project Authorization===

	Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding\|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].		Acquisition of property rights cannot commence on any project until the project manager obtains acquisition authority as described in [[236.3 Administration#236.3.4 Right of Way Acquisition Authority and Project Funding\|EPG 236.3.4 Right of Way Acquisition Authority and Project Funding]].

	===236.7.1.3 Hardship Acquisition Authorization===		===236.7.1.3 Hardship Acquisition Authorization===

	Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.		Justification for a [https://epg.modot.org/index.php?title=236.3_Administration#Request_for_Hardship_Acquisition hardship acquisition] must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis.

	===236.7.1.4 Protective Buying Authorization===		===236.7.1.4 Protective Buying Authorization===

	Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.		Justification for a protective purchase to prevent imminent development and increased costs of a parcel, must be reviewed and approved by the Asst. to the State Design Engineer - Right of Way on a parcel-by-parcel basis. Refer to [https://epg.modot.org/index.php?title=236.3_Administration#Contents_of_Request EPG 236.3.4.5 Advance Acquisition - Hardship and Protective Buying] for more information.

	===236.7.1.5 Who Conducts Negotiations===		===236.7.1.5 Who Conducts Negotiations===

	'''Staff Negotiations'''		'''Staff Negotiations'''

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	===236.7.1.6 Acquisition of Real Property Interest===		===236.7.1.6 Acquisition of Real Property Interest===

	All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.		All rights, title, interest of fee hold and subordinate interests in real property are to be acquired as necessary, for the proper and economical construction, operation, protection, support, preservation and maintenance of state highways.

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	===236.7.1.7 Public Information Brochure===		===236.7.1.7 Public Information Brochure===

	A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.		A brochure entitled '''[http://eprojects/Templates/RW/Chapter%207_Negotiation/Pathways%20for%20Progress%20brochure.pdf Pathways for Progress]''' is available to the general public and for distribution at all public hearings for highway projects. It briefly describes the department's general procedures in the phases of appraisal, negotiation, settlement, closing, mediation and eminent domain.

	===236.7.1.8 Pre-Negotiation Public Relations Contact===		===236.7.1.8 Pre-Negotiation Public Relations Contact===

	Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.		Acquisition personnel may be assigned, commensurate with anticipated problems, to make calls upon property owners and discuss acquisition procedures and provide general information concerning the proposed highway project. An employee, who may later be involved with the appraisal, negotiation, or relocation for the project, may make such calls. Care should be taken to avoid discussing assumptions, possible offers, possible damage, or value conclusions. This initial call should be brief and is only intended to provide project information, and promote the public relations.

	===236.7.1.9 Negotiating Through a Third Party===		===236.7.1.9 Negotiating Through a Third Party===

	Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.		Negotiations shall not be conducted through a third party unless the property owner has provided written authorization, or the third party is a legally appointed representative for the owner. If an attorney has been retained, and the owner has provided a written authority, all negotiations must be conducted with the attorney unless a written waiver of negotiations is received from the attorney.

	===236.7.1.10 Initiation of Negotiations===		===236.7.1.10 Initiation of Negotiations===

	The term "Initiation of Negotiations" relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)		The term "Initiation of Negotiations" relates to the date on which the department presents the owners of the subject parcel, or their designated representative, a written offer for the property or rights to be acquired. When non-resident owners are involved who cannot be contacted in person, initiation of negotiations for the parcel shall be the date such owners or their designated representative received the first communication by mail or telephone from the department in which a monetary offer to purchase is made. (Certified mail with return receipt requested must be used when the above contact is made by mail to establish and document the date that the written offer is received by the relocatee or by the relocatee's representative.)

	===236.7.1.11 Relocation Assistance Information===		===236.7.1.11 Relocation Assistance Information===

	Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.		Residential owner occupants being displaced are to be provided an explanation of the relocation benefits for which they are eligible. Offers to acquire property and/or property rights are not to be made to displaced owner occupants until the owner can be provided with the required relocation information.

	===236.7.1.12 ~~Relocation Section Notices===~~		===236.7.1.12 Pre-Negotiation Preparation===

	~~[http://eprojects/Templates/RW/Chapter%208_Relocation/Initiation%20of%20Negotiations%20Statement%20From%20236.8.5.5.pdf "Initiation of Negotiations Statement"] (RA Form 8.5.5)~~

	This form is to be submitted to the district relocation section immediately after the first initiation of negotiation on a project, and immediately after initiation of negotiations for each individual parcel, affected by the relocation program. This form is not applicable to parcels not affected by the relocation program.

	~~[http://eprojects/Templates/RW/Chapter%208_Relocation/Acquisition%20Statement%20Form%20236.8.5.8.B.pdf "Acquisition Statement"] (RA Form 8.5.8.b)~~

	~~This form is to be completed by the negotiator and submitted to the relocation section immediately after all interest in the parcel is acquired when the relocation program affects the parcel.~~

	~~===236.7.1.13~~ Pre-Negotiation Preparation===

	The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:		The accumulation of materials and information necessary to conduct and complete negotiations for the orderly and efficient acquisition of the proposed property and property rights is the logical first step in negotiation. At a minimum, the negotiator should be supplied with the following information:
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	The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.		The following information must be entered in the Parcel Acquisition screen in RWPA for each parcel being acquired: Parcel Number, Classification, Status and any Fee Holder and Tenants.

	===236.7.1.14 Delivery of Payments===		===236.7.1.13 Delivery of Payments===

	'''Owners and Tenants'''		'''Owners and Tenants'''
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	To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.		To release funds retained in escrow for removal of improvements, etc., the escrow agent shall be notified by [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx written notice] (Form 7-2.17C) with a copy mailed to owner involved. Escrow agents shall furnish proof of disbursement of all funds for parcel files.

	===236.7.1.15 Recording of Documents===		===236.7.1.14 Recording of Documents===

	All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel.		All documents conveying land, easements, realty rights, mortgage releases and restrictive easements to the Commission, regardless of the consideration recited therein, shall be recorded in the appropriate recorder of deeds office and uploaded in eProjects under the applicable project and parcel.

Hoskir: /* 236.7.2.20 Acquisition by Condemnation */ partial update of RR3992

2025-01-31T13:58:27Z

236.7.2.20 Acquisition by Condemnation: partial update of RR3992

Hoskir: Text replacement - "External Civil Rights" to "Business Development and Compliance"

2025-01-09T21:18:48Z

Text replacement - "External Civil Rights" to "Business Development and Compliance"

← Older revision		Revision as of 16:18, 9 January 2025
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	:*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).		:*When applicable and appropriate, provide [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds], (Form 7-7.3).

	MoDOT's ~~External Civil Rights~~ Division is in charge of delivering MoDOT’s Public Participation Survey (Title VI Survey) to property owners and recording the information returned in the Parcel Acquisition screen in RWPA under the applicable project and parcel.		MoDOT's Business Development and Compliance Division is in charge of delivering MoDOT’s Public Participation Survey (Title VI Survey) to property owners and recording the information returned in the Parcel Acquisition screen in RWPA under the applicable project and parcel.

	'''D. Donation'''		'''D. Donation'''

Hoskir: /* 236.7.5.2 Railroads */ updated per RR3969

2024-12-13T20:53:38Z

236.7.5.2 Railroads: updated per RR3969

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	'''A. General'''		'''A. General'''

	The acquisition of land owned by railroad companies is a ~~dual~~ responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads\|EPG 643.4 Railroads]]).		The acquisition of land owned by railroad companies is a team responsibility of the COROW, district right of way manager, and the Multimodal Operations Division (for additional information see [[643.4 Railroads\|EPG 643.4 Railroads]]).

	Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.		Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.

	District right of way is responsible for the acquisition ~~of non-operating~~ railroad ~~property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating~~ right of way ~~from the same railroad~~.		District right of way is responsible for compiling the acquisition documents and COROW is responsible for negotiating all railroad right of way.

	The Railroad Projects Manager is responsible for ~~acquisitions, agreements and/or documents related to operating~~ railroad right of way. ~~If both operating right of way~~ and ~~non-operating land are required~~ from the ~~same~~ railroad~~, all necessary information will be provided to the Multimodal Operations Division~~.		The Railroad Projects Manager is responsible for ensuring all communication regarding the acquisition of railroad right of way includes the COROW staff. The RRPM will ensure the Construction and Maintenance Agreement is simultaneously obtained from the affected railroad entity during negotiations.

	'''B. Acquisition Procedures - ~~Non-operating~~ Railroad Land'''		'''B. Acquisition Procedures - Railroad Land'''

	The Multimodal Operations Division will ~~acquire non-operating land if operating right~~ of ~~way is also being acquired from the same~~ railroad.		The Multimodal Operations Division will notify COROW of railroad projects. The COROW will:

	:*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.		:*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.
	:*Appraise each parcel in accordance with current appraisal procedures.		:*Appraise each parcel in accordance with current appraisal procedures.
	:*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in ~~[http://sp/sites/eagreements/SitePages/Home.aspx~~ eAgreements].)		:*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, (Form 4-7.5 (CCO RW23)). (Forms RW2, RW3 and RW23 are accessible in eAgreements.)

	When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.		'''C. Controlled Access from Railroads and Abutting Owners'''

	'''C~~. Acquisition Procedures - Operating Railroad Right of Way'''~~

	~~:*Obtain title information for each parcel.~~
	~~:*Appraise each parcel in accordance with current appraisal procedures.~~
	~~:*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.~~
	~~:*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.~~
	~~:*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.~~

	~~'''D~~. Controlled Access from Railroads and Abutting Owners'''

	When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.		When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.
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	Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.		Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.

	'''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''		'''D. Acquiring Underlying Fee in Railroad Land and Right of Way'''

	~~It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.~~

	~~When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary~~ to acquire the underlying fee ~~within the limits of the railroad right of way from adjacent owners who have reversionary~~ rights~~. It is the discretion of the district right~~ of ~~way manager as to whether or not the underlying fee should be acquired. The necessity increases~~, ~~as the likelihood of future~~ railroad ~~abandonment increases~~.		It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring railroad land.

	~~The description on deeds for each~~ underlying fee ~~owner will extend to~~ the ~~center~~ of the railroad right of way ~~or include~~ the ~~entire railroad~~ right of way, ~~when applicable, and will contain~~ the ~~wording "subject to~~ railroad ~~right of way~~."		When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager and COROW as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.

	'''F. Condemnation of Railroads'''		'''E. Condemnation of Railroads'''

	The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the ~~Multimodal Operations Division~~ is acquiring railroad property.		The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the COROW is acquiring railroad property.

	District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine ~~from the Multimodal Operations Division~~ the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.		District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier, and Railroad Safety.

	===236.7.5.3 Acquisition from Federal Agencies===		===236.7.5.3 Acquisition from Federal Agencies===

Hoskir: added from A-419 to forms area per RR3914

2024-07-31T17:49:54Z

added from A-419 to forms area per RR3914

← Older revision		Revision as of 12:49, 31 July 2024
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	<div style="float: right; margin-right:0px; width:350px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:350px; 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%203_Administration/A-419%20Form.pdf Acquisition Payment (Form A-419)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]

← Older revision		Revision as of 08:58, 31 January 2025
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	===236.7.2.20 Acquisition by Condemnation===		===236.7.2.20 Acquisition by Condemnation===

	'''A. When Condemnation Procedure Initiated'''		'''A. When Condemnation Procedure Initiated'''

	Complete policies and procedures regarding eminent domain procedures are described in [[236.10 Right Of Way Condemnation\|~~EPG~~ 236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.		Complete policies and procedures regarding eminent domain procedures are described in EPG [[236.10 Right Of Way Condemnation\|236.10 Condemnation Procedures]]. An appropriate time to consider condemnation is when it is determined that the property and property rights cannot be acquired through negotiations or mediation. Mediation must have at least been offered to the property owner before proceeding with condemnation.

	'''B. Transfer of Responsibility From Right of Way to District Counsel'''		'''B. Transfer of Responsibility From Right of Way to District Counsel'''

	When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.		When it is determined that a property cannot be acquired through negotiation or mediation, the responsibility of acquisition is transferred to the district counsel. Negotiation to acquire the property can continue by either the negotiator or attorney assigned to the tract, until the commissioner’s award has been filed.

	'''C. Information Packet Required by District Counsel'''		'''C. Information Packet Required by District Counsel'''
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	The information needed by the district counsel’s office includes but is not limited to the following:		The information needed by the district counsel’s office includes but is not limited to the following:

	:*[http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.		:* [http://eprojects/Templates/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator’s Report], (Form 7-2.13) and typed Negotiator’s Log detailing counteroffers and settlement offers, requests for design changes, etc.
	:*~~Latest title~~ report		:* Title report (less than six months old)
	:*~~Two copies~~ of appraisal with [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation], (Form 6.4.3)		:* Copy of appraisal with [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Approval of Just Compensation], (Form 6.4.3)
	:*List of parties to be named as defendants and served notice		:* List of parties to be named as defendants and served notice
	:*Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).		:* Copy of pertinent documents (i.e. easements impacting the acquisition area, trust agreements, etc).
	:*Copy of pertinent correspondence		:* Copy of pertinent correspondence
	:*~~Copies~~ of property ~~descriptions~~ to be used in the Condemnation Petition.		:* Copy of property description to be used in the Condemnation Petition.
	:*~~Copies~~ of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted.		:* Copy of the [http://sharepoint/sites/de/epg/Lists/EPGResponse/Attachments/825/Surveyor%20Legal%20Description%20Cover%20Sheet%20(2).doc Legal Description, Exhibit A] for each property description submitted.

	'''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''		'''D. Owner’s Expenses in Condemnation Are Not Reimbursable'''