LPA:136.8 Local Public Agency Land Acquisition - Revision history

Hoskir: /* 136.8.6.1 Definition of Appraisal and Waiver Valuation */ added table per RR4177

2026-02-23T16:39:52Z

136.8.6.1 Definition of Appraisal and Waiver Valuation: added table per RR4177

← Older revision		Revision as of 11:39, 23 February 2026
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	'''Waiver Valuation:''' An appraisal waiver is not an appraisal as defined by the Uniform Act. See [https://www.ecfr.gov/current/title-49/subtitle-A/part-24/subpart-B/section-24.102 49 CFR 24 102 (c)]. The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations.		'''Waiver Valuation:''' An appraisal waiver is not an appraisal as defined by the Uniform Act. See [https://www.ecfr.gov/current/title-49/subtitle-A/part-24/subpart-B/section-24.102 49 CFR 24 102 (c)]. The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations.

			{\| class="wikitable" style="float: right"
			\|+ Appraisal Format Guide for Acquisitions <nowiki>*</nowiki>
			\|-
			! style="width: 125px" \| Appraisal Format \|\| style="width: 135px" \| Maximum Value for Format \|\| style="width: 135px" \| Certified Appraiser Required to Complete \|\| style="width: 125px" \| Appraisal Review Required \|\| style="width: 175px" \| Type of Acquisitions/Impacts
			\|-
			\| Standard \|\| Any Value \|\| Yes - notify property owner to accompany, certification required \|\| Yes \|\| Complex, improvements and/or relocation involved. Change in highest and best use after the acquisition.
			\|-
			\| Value Finding \|\| Any Value \|\| Yes - notify property owner to accompany, certification required \|\| Yes \|\| Simple, no major improvements are to be acquired.
			\|-
			\| Waiver & Payment Estimate \|\| Cannot exceed $35K - excluding fencing \|\| No \|\| No \|\| Simple, nominal access rights.
			\|-
			\|+ style="caption-side: bottom; text-align: left;" \| *Additional format requirements are provided in EPG 136.8.6
			\|}

	Use of the Waiver Valuation is allowed when:		Use of the Waiver Valuation is allowed when:

Hoskir: updated broken links

2026-01-28T16:19:13Z

updated broken links

Hoskir: /* 136.8.2.1 Funding Requirements */ updated link to Uniform Act

2025-11-19T16:27:49Z

136.8.2.1 Funding Requirements: updated link to Uniform Act

← Older revision		Revision as of 11:27, 19 November 2025
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	==136.8.2.1 Funding Requirements==		==136.8.2.1 Funding Requirements==

	Right of way acquisition by public entities is governed by [https://revisor.mo.gov/main/OneSection.aspx?section=523 Revised Statutes of Missouri, (RSMo) 523]. To assure the protection of individuals' property rights affected by transportation projects, requirements of the [~~http~~://www.fhwa.dot.gov/~~realestate~~/ua/~~index~~.~~htm~~ Uniform Act] must also be followed.		Right of way acquisition by public entities is governed by [https://revisor.mo.gov/main/OneSection.aspx?section=523 Revised Statutes of Missouri, (RSMo) 523]. To assure the protection of individuals' property rights affected by transportation projects, requirements of the [https://www.fhwa.dot.gov/real_estate/policy_guidance/uafaqs.cfm Uniform Act] must also be followed.

	Right of way costs for a project and incurred by the LPA may be the sole responsibility of that LPA or they may wish to have a share of these costs reimbursed by the FHWA through MoDOT. In either case, the LPA must first make a request to their MoDOT District personnel in order to receive approval to begin right of way and easement acquisition. Every effort should be made to ensure the right of way funds are obligated for a project before any eligible costs are incurred, if the LPA wishes to be reimbursed for those costs. If the LPA will fund the entire right of way expense, the approval to begin the acquisition must still be obtained.		Right of way costs for a project and incurred by the LPA may be the sole responsibility of that LPA or they may wish to have a share of these costs reimbursed by the FHWA through MoDOT. In either case, the LPA must first make a request to their MoDOT District personnel in order to receive approval to begin right of way and easement acquisition. Every effort should be made to ensure the right of way funds are obligated for a project before any eligible costs are incurred, if the LPA wishes to be reimbursed for those costs. If the LPA will fund the entire right of way expense, the approval to begin the acquisition must still be obtained.

Hoskir: /* 136.8.7.1.10 Separation of Functions */ updated amount per RR4115

2025-10-21T19:44:22Z

136.8.7.1.10 Separation of Functions: updated amount per RR4115

← Older revision		Revision as of 14:44, 21 October 2025
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	'''1. Appraisal/Negotiation'''		'''1. Appraisal/Negotiation'''

	Negotiations shall be conducted by someone other than the appraiser or reviewing appraiser of the real property to be acquired, except that the acquiring agency may permit the same person to value and negotiate an acquisition where the value is based on a [https://epg.modot.org/forms/general_files/DE/RW-LPA/Waiver_Valuation_Payment_Estimate_Form_136.8.34.docx Waiver Valuation - Payment Estimate, Form 136.8.34], or is less than $25,000. However, the valuation prepared on a Payment Estimate must be reviewed and an amount approved by another designated agency official before the initiation of negotiations.		Negotiations shall be conducted by someone other than the appraiser or reviewing appraiser of the real property to be acquired, except that the acquiring agency may permit the same person to value and negotiate an acquisition where the value is based on a [https://epg.modot.org/forms/general_files/DE/RW-LPA/Waiver_Valuation_Payment_Estimate_Form_136.8.34.docx Waiver Valuation - Payment Estimate, Form 136.8.34], or is less than $35,000. However, the valuation prepared on a Payment Estimate must be reviewed and an amount approved by another designated agency official before the initiation of negotiations.

	'''2. Delivery Of Payments'''		'''2. Delivery Of Payments'''

Hoskir: /* 136.8.7.1.3 Prompt Written Offers to Owners and Tenant Owners */ updated amounts per RR4115

2025-10-21T19:39:24Z

136.8.7.1.3 Prompt Written Offers to Owners and Tenant Owners: updated amounts per RR4115

← Older revision		Revision as of 14:39, 21 October 2025
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	===136.8.7.1.3 Prompt Written Offers to Owners and Tenant Owners===		===136.8.7.1.3 Prompt Written Offers to Owners and Tenant Owners===

	If donations are not possible, the LPA must make a prompt written offer to an owner, based on the full amount of just compensation indicated on the approved appraisal. If the estimated compensation for the rights to be acquired from the parcel is no more than $25,000.00, a [https://epg.modot.org/forms/general_files/DE/RW-LPA/Waiver_Valuation_Payment_Estimate_Form_136.8.34.docx Waiver Valuation - Payment Estimate, Form 136.8.34], may be used instead of an appraisal. For additional land and easement valuation procedures, please see [[#136.8.6.3 Valuation Formats and Instructions\|EPG 136.8.6.3 Valuation Formats and Instructions]].		If donations are not possible, the LPA must make a prompt written offer to an owner, based on the full amount of just compensation indicated on the approved appraisal. If the estimated compensation for the rights to be acquired from the parcel is no more than $35,000.00, a [https://epg.modot.org/forms/general_files/DE/RW-LPA/Waiver_Valuation_Payment_Estimate_Form_136.8.34.docx Waiver Valuation - Payment Estimate, Form 136.8.34], may be used instead of an appraisal. For additional land and easement valuation procedures, please see [[#136.8.6.3 Valuation Formats and Instructions\|EPG 136.8.6.3 Valuation Formats and Instructions]].

	Prompt offers dispel owner dissatisfaction and encourage confidence in the agency. Also, a delayed offer may not reflect current market conditions and cause need for revaluation. A written offer is also required in the case of a tenant that owns any of the buildings, structures or other improvements affected by the acquisition.		Prompt offers dispel owner dissatisfaction and encourage confidence in the agency. Also, a delayed offer may not reflect current market conditions and cause need for revaluation. A written offer is also required in the case of a tenant that owns any of the buildings, structures or other improvements affected by the acquisition.

Hoskir: /* 136.8.6 Appraisal and Appraisal Review */ updated amounts per RR4113

2025-10-21T19:26:50Z

136.8.6 Appraisal and Appraisal Review: updated amounts per RR4113

Hoskir: updated link to form 136.8

2025-10-07T19:29:27Z

updated link to form 136.8

← Older revision		Revision as of 14:29, 7 October 2025
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	* [https://epg.modot.org/forms/RW/LPA%20Links/Parcel%20File%20Checklist%20Form%20136.8.17.docx Parcel File Checklist (Form 136.8.17)]		* [https://epg.modot.org/forms/RW/LPA%20Links/Parcel%20File%20Checklist%20Form%20136.8.17.docx Parcel File Checklist (Form 136.8.17)]
	* [https://epg.modot.org/forms/general_files/DE/RW-LPA/Plan%20Review%20Checklist%20Form%20136.8.18.docx Plan Review Checklist (Form 136.8.18)]		* [https://epg.modot.org/forms/general_files/DE/RW-LPA/Plan%20Review%20Checklist%20Form%20136.8.18.docx Plan Review Checklist (Form 136.8.18)]
	* [~~[media~~:~~Letter of Certification Preliminary Plans Approval Form 136~~.8.docx\|Preliminary Plans Approval Form]]		* [https://epg.modot.org/forms/general_files/DE/RW-LPA/Letter_of_Certification_Preliminary_Plans_Approval_Form_136.8.docx Preliminary Plans Approval Form]
	* [https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx Privately Donated Land as Credit to Matching Share of Project Costs (Soft Match), Form 136.8.19]		* [https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx Privately Donated Land as Credit to Matching Share of Project Costs (Soft Match), Form 136.8.19]
	* [https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx Project Acquisition Monitor Checklist (Form 136.8.20)]		* [https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx Project Acquisition Monitor Checklist (Form 136.8.20)]

Hoskir: /* 136.8.1.5 Local Public Agency Right of Way Acquisition Brochure */ removed FHWA link per email - this is no longer a valid link

2025-06-09T14:52:03Z

136.8.1.5 Local Public Agency Right of Way Acquisition Brochure: removed FHWA link per email - this is no longer a valid link

← Older revision		Revision as of 09:52, 9 June 2025
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	==136.8.1.5 Local Public Agency Right of Way Acquisition Brochure==		==136.8.1.5 Local Public Agency Right of Way Acquisition Brochure==

	An [[media:236 RW Leaflet.doc\|LPA Right of Way Acquisition Brochure]~~] or [http://www.fhwa.dot.gov/realestate/realprop/index.html FHWA brochure~~] specifically designed for LPA use is available in preprinted form through MoDOT district offices. The right of way acquisition brochure should be made available to all affected property owners on a project at the earliest opportunity (at public hearings, during engineering surveys, first contacts for acquisition of property) to indicate the agency's interest in acquiring the real property and to advise the owner of the acquisition process, and basic protection under the law. The brochure satisfies certain requirements when public hearings are necessary, as well as notification requirements before or upon initiation of negotiations with owners.		An [[media:236 RW Leaflet.doc\|LPA Right of Way Acquisition Brochure]] specifically designed for LPA use is available in preprinted form through MoDOT district offices. The right of way acquisition brochure should be made available to all affected property owners on a project at the earliest opportunity (at public hearings, during engineering surveys, first contacts for acquisition of property) to indicate the agency's interest in acquiring the real property and to advise the owner of the acquisition process, and basic protection under the law. The brochure satisfies certain requirements when public hearings are necessary, as well as notification requirements before or upon initiation of negotiations with owners.

	LPAs may develop and use their own brochures with prior MoDOT approval.		LPAs may develop and use their own brochures with prior MoDOT approval.

Hoskir: updated broken link

2025-04-11T17:34:55Z

updated broken link

← Older revision		Revision as of 12:34, 11 April 2025
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	* [[media:136.8.8a.docx\|Right of Way Required - Personal Property Moved - Occupied Improvements Acquired (Form 136.8.8a)]]		* [[media:136.8.8a.docx\|Right of Way Required - Personal Property Moved - Occupied Improvements Acquired (Form 136.8.8a)]]
	* [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]		* [https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Roster%20of%20Approved%20Contract%20Appraisers.pdf Roster of Approved Contract Appraisers]
	* [https://www.modot.org/media/~~42292~~ Roster of Approved LPA Negotiators]		* [https://www.modot.org/media/50292 Roster of Approved LPA Negotiators]
	* [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved MoDOT Contract Negotiators]		* [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved MoDOT Contract Negotiators]
	* [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Donation%20Letter%20and%20Waiver%20of%20Appraisal%20Form%20136.8.25.docx Sample Donation Letter and Waiver of Appraisal, Form 136.8.25]		* [https://epg.modot.org/forms/RW/LPA%20Links/Sample%20Donation%20Letter%20and%20Waiver%20of%20Appraisal%20Form%20136.8.25.docx Sample Donation Letter and Waiver of Appraisal, Form 136.8.25]

Hoskir: /* 136.8.1.1 Introduction */ updated link to uniform act

2025-01-16T21:11:18Z

136.8.1.1 Introduction: updated link to uniform act

← Older revision		Revision as of 16:11, 16 January 2025
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	==136.8.1.1 Introduction==		==136.8.1.1 Introduction==

	The acquisition of private property needed in connection with all Federally funded projects is governed by the '''Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended''' (commonly referred to as the Uniform Act) and requirements of state laws as well as any applicable local ordinances. The implementing regulations for the Uniform Act are found in [~~http~~://www.fhwa.dot.gov/~~realestate~~/ua/~~index.htm~~ 49 Code of Federal Regulations (CFR) Part 24 and 23 CFR Part 710]. District offices of the Missouri Department of Transportation (MoDOT) can provide copies of the appropriate codes and regulations, upon request.		The acquisition of private property needed in connection with all Federally funded projects is governed by the '''Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended''' (commonly referred to as the Uniform Act) and requirements of state laws as well as any applicable local ordinances. The implementing regulations for the Uniform Act are found in [https://www.fhwa.dot.gov/real_estate/uniform_act/ 49 Code of Federal Regulations (CFR) Part 24 and 23 CFR Part 710]. District offices of the Missouri Department of Transportation (MoDOT) can provide copies of the appropriate codes and regulations, upon request.

	Federal funding of any phase of a project necessitates that federal requirements be met in all other phases of the project, as well as the acquisition of property and relocation activities to clear the right of way for construction. Noncompliance with federal law can result in ineligibility for reimbursement for project costs in design, land acquisition, or construction.		Federal funding of any phase of a project necessitates that federal requirements be met in all other phases of the project, as well as the acquisition of property and relocation activities to clear the right of way for construction. Noncompliance with federal law can result in ineligibility for reimbursement for project costs in design, land acquisition, or construction.

← Older revision		Revision as of 11:19, 28 January 2026
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	==136.8.2.7 Inspection of Documents==		==136.8.2.7 Inspection of Documents==

	All documents relating to acquisition of the right of way shall be available for inspection at reasonable times by authorized representatives of MoDOT and Federal Highway Administration. Refer to [~~http~~://ecfr~~.gpoaccess~~.gov/~~cgi~~/t/~~text~~/~~text~~-~~idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.8.39&idno=23#23:1.0.1.8.39.2.1~~.1 23 CFR 710.201 (f)]. All documentation shall be kept a minimum of three years after the final invoice is submitted for the right of way costs.		All documents relating to acquisition of the right of way shall be available for inspection at reasonable times by authorized representatives of MoDOT and Federal Highway Administration. Refer to [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-H/part-710/subpart-B/section-710.201 23 CFR 710.201 (f)]. All documentation shall be kept a minimum of three years after the final invoice is submitted for the right of way costs.

	Right of Way staff are required to enter the Right of Way Approval Letter, The Right of Way Acquisition Date Letter, the Right of Way Clearance Letter, and any working Right of Way Documents into the LPA SMS (State Management System Application).		Right of Way staff are required to enter the Right of Way Approval Letter, The Right of Way Acquisition Date Letter, the Right of Way Clearance Letter, and any working Right of Way Documents into the LPA SMS (State Management System Application).
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	The acquiring agency shall maintain a project file (i.e. appraisal data book(s), title services contract, public hearing record, etc.) and a parcel file containing the information pertaining to the acquisition of the parcel.		The acquiring agency shall maintain a project file (i.e. appraisal data book(s), title services contract, public hearing record, etc.) and a parcel file containing the information pertaining to the acquisition of the parcel.

	The parcel file should contain documentation that demonstrates compliance with applicable laws and requirements and should be available for inspection at reasonable times by authorized representatives of MoDOT and Federal Highway Administration and other authorized federal representatives. Refer to [~~http~~://ecfr~~.gpoaccess~~.gov/~~cgi~~/t/~~text~~/~~text~~-~~idx?c=ecfr&rgn=div5&view=text&node=23:1.0.1.8.39&idno=23#23:1.0.1.8.39.2.1~~.1 23 CFR 710.201 (f)]. The record retention period is three years and begins when the project closure action for the construction project is submitted to the Federal Highway Administration.		The parcel file should contain documentation that demonstrates compliance with applicable laws and requirements and should be available for inspection at reasonable times by authorized representatives of MoDOT and Federal Highway Administration and other authorized federal representatives. Refer to [https://www.ecfr.gov/current/title-23/chapter-I/subchapter-H/part-710/subpart-B/section-710.201 23 CFR 710.201 (f)]. The record retention period is three years and begins when the project closure action for the construction project is submitted to the Federal Highway Administration.

	LPAs must maintain an inventory of all improvements acquired; how these improvements are disposed of; an accounting of management expenses (i.e. advertising for disposal, preparing demolition contracts, etc.), rental receipts received, and recovery payments for disposition of improvements; and rodent control costs. See [[136.8 Local Public Agency Land Acquisition#136.8.12 Property Management\|EPG 136.8.12 Property Management]] for additional requirements.		LPAs must maintain an inventory of all improvements acquired; how these improvements are disposed of; an accounting of management expenses (i.e. advertising for disposal, preparing demolition contracts, etc.), rental receipts received, and recovery payments for disposition of improvements; and rodent control costs. See [[136.8 Local Public Agency Land Acquisition#136.8.12 Property Management\|EPG 136.8.12 Property Management]] for additional requirements.
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	The acquiring agency must offer the property owner an amount that it believes to be just compensation, and that amount is to be based on the fair market value of the property as determined by a professionally prepared, reviewed and approved appraisal or waiver valuation. Further, the Uniform Act provides that the amount of just compensation shall be no less than the amount of the agency's approved appraisal or waiver valuation.		The acquiring agency must offer the property owner an amount that it believes to be just compensation, and that amount is to be based on the fair market value of the property as determined by a professionally prepared, reviewed and approved appraisal or waiver valuation. Further, the Uniform Act provides that the amount of just compensation shall be no less than the amount of the agency's approved appraisal or waiver valuation.

	'''Appraisal:''' An appraisal is defined in the Uniform Act as: A written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. See [~~http~~://ecfr~~.gpoaccess~~.gov/~~cgi~~/t/~~text~~/~~text~~-~~idx?c=ecfr&sid=3bdda26e1102fe42dd21611091c4a569&rgn=div5&view=text&node=49:1.0.1.1.18&idno=49#49:1.0.1.1.18.1.16~~.2 49 CFR 24.2 (a) 3].		'''Appraisal:''' An appraisal is defined in the Uniform Act as: A written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. See [https://www.ecfr.gov/current/title-49/subtitle-A/part-24/subpart-A/section-24.2 49 CFR 24.2 (a) 3].

	'''Waiver Valuation:''' An appraisal waiver is not an appraisal as defined by the Uniform Act. See [~~http~~://ecfr~~.gpoaccess~~.gov/~~cgi~~/t/~~text~~/~~text~~-~~idx?c=ecfr&sid=3bdda26e1102fe42dd21611091c4a569&rgn=div5&view=text&node=49:1.0.1.1.18&idno=49#49:1.0.1.1.18.2.16~~.2 49 CFR 24 102 (c)]. The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations.		'''Waiver Valuation:''' An appraisal waiver is not an appraisal as defined by the Uniform Act. See [https://www.ecfr.gov/current/title-49/subtitle-A/part-24/subpart-B/section-24.102 49 CFR 24 102 (c)]. The purpose of the appraisal waiver provision is to provide a technique to avoid the costs and time delay associated with appraisal requirements for low-value, non-complex acquisitions. The intent is that non-appraisers and appraisers in training may make waiver valuations.

	Use of the Waiver Valuation is allowed when:		Use of the Waiver Valuation is allowed when:
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	===136.8.6.1.2 Scope of Assignment===		===136.8.6.1.2 Scope of Assignment===

	[~~http~~://ecfr~~.gpoaccess~~.gov/~~cgi~~/t/~~text~~/~~text~~-~~idx?c=ecfr&sid=3bdda26e1102fe42dd21611091c4a569&rgn=div5&view=text&node=49:1.0.1.1.18&idno=49#49:1.0.1.1.18.2.16~~.3 49 CFR 24.103(s)] requires minimum standards for appraisals consistent with established appraisal practice. [http://uspap.org Uniform Standards of Professional Appraisal Practice (USPAP)], (also see [[#136.8.6.3.1.17 Uneconomic Remnant\|EPG 136.8.6.3.1.17 Uneconomic Remnant]]), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, MoDOT has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[#136.8.6.3 Valuation Formats and Instructions\|EPG 136.8.6.3]]).		[https://www.ecfr.gov/current/title-49/subtitle-A/part-24/subpart-B/section-24.103 49 CFR 24.103(s)] requires minimum standards for appraisals consistent with established appraisal practice. [http://uspap.org Uniform Standards of Professional Appraisal Practice (USPAP)], (also see [[#136.8.6.3.1.17 Uneconomic Remnant\|EPG 136.8.6.3.1.17 Uneconomic Remnant]]), contains a “Scope of Work Rule”, which requires identification of the problem to be solved, determination and performance of the scope of work necessary to develop credible assignment results, and disclosure of the scope of work in the report. To fulfill the objectives of the CFR and USPAP, MoDOT has developed the Scope of Assignment process to assure appraisal reports meet reporting requirements and provide a high quality appraisal document. The Scope of Assignment preparer must be familiar with the requirements of the various formats (see [[#136.8.6.3 Valuation Formats and Instructions\|EPG 136.8.6.3]]).

	LPAs may refer to [[#Scope_of_Assignment_Process Scope of Assignment Process]] and [https://epg.modot.org/forms/RW/LPA%20Links/Scope%20of%20Assignment%20Form%20136.8.28.docx Form 136.8.28].		LPAs may refer to [[#Scope_of_Assignment_Process Scope of Assignment Process]] and [https://epg.modot.org/forms/RW/LPA%20Links/Scope%20of%20Assignment%20Form%20136.8.28.docx Form 136.8.28].

	[~~http~~://ecfr~~.gpoaccess~~.gov/~~cgi~~/t/~~text~~/~~text~~-~~idx?c=ecfr&sid=3bdda26e1102fe42dd21611091c4a569&rgn=div5&view=text&node=49:1.0.1.1.18&idno=49#49:1.0.1.1.18.2.16~~.4 49 CFR 24.104] requires a review process, and minimum standards thereof. USPAP also contains standards for appraisal review. To fulfill the objectives of the CFR and USPAP, MoDOT has developed the a review process and forms. Refer to [[#136.8.6.4 LPA Appraisal Review and Approval of Just Compensation\|EPG 136.8.6.4 LPA Appraisal Review and Approval of Just Compensation]] and Forms [https://epg.modot.org/forms/general_files/DE/RW-LPA/Appraisal_Review_and_Approval_of_Just_Compensation_Form_136.8.5.docx 136.8.5 Appraisal Review] and [https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx 136.8.2 Adjustment of Value]. The review appraiser must be familiar with the requirements of the various formats (see [[#136.8.6.3 Valuation Formats and Instructions\|EPG 136.8.6.3 Valuation Formats and Instructions]]).		[https://www.ecfr.gov/current/title-49/subtitle-A/part-24/subpart-B/section-24.104 49 CFR 24.104] requires a review process, and minimum standards thereof. USPAP also contains standards for appraisal review. To fulfill the objectives of the CFR and USPAP, MoDOT has developed the a review process and forms. Refer to [[#136.8.6.4 LPA Appraisal Review and Approval of Just Compensation\|EPG 136.8.6.4 LPA Appraisal Review and Approval of Just Compensation]] and Forms [https://epg.modot.org/forms/general_files/DE/RW-LPA/Appraisal_Review_and_Approval_of_Just_Compensation_Form_136.8.5.docx 136.8.5 Appraisal Review] and [https://epg.modot.org/forms/RW/LPA%20Links/Adj%20of%20Value%20or%20Just%20Compensation%20Form%20136.8.2.docx 136.8.2 Adjustment of Value]. The review appraiser must be familiar with the requirements of the various formats (see [[#136.8.6.3 Valuation Formats and Instructions\|EPG 136.8.6.3 Valuation Formats and Instructions]]).

	'''Staff and Fee Appraiser Activity and Personnel Approval by MoDOT'''		'''Staff and Fee Appraiser Activity and Personnel Approval by MoDOT'''

← Older revision		Revision as of 14:26, 21 October 2025
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	Use of the Waiver Valuation is allowed when:		Use of the Waiver Valuation is allowed when:

	:* the acquisition is simple and $25,000 or less, plus fence re-establishment costs		:* the acquisition is simple and $35,000 or less, plus fence re-establishment costs

	:* land value is easily determined,		:* land value is easily determined,
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	:* only nominal access rights are acquired		:* only nominal access rights are acquired

	:* other than fence, costs to cure cannot make the total compensation exceed $25,000		:* other than fence, costs to cure cannot make the total compensation exceed $35,000

	:* there are no apparent damages to the remainder – other than simple easements and creation of nominal uneconomic remnants.		:* there are no apparent damages to the remainder – other than simple easements and creation of nominal uneconomic remnants.
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	'''C. Separation of Functions - Appraisal/Review/Negotiation'''		'''C. Separation of Functions - Appraisal/Review/Negotiation'''

	Negotiations shall be conducted by someone other than the appraiser or reviewing appraiser of the real property to be acquired, except that the acquiring agency may permit the same person to value and negotiate an acquisition where the value is $25,000 or less. However, the valuation must be reviewed and an amount approved by another designated agency official before the initiation of negotiations.		Negotiations shall be conducted by someone other than the appraiser or reviewing appraiser of the real property to be acquired, except that the acquiring agency may permit the same person to value and negotiate an acquisition where the value is $35,000 or less. However, the valuation must be reviewed and an amount approved by another designated agency official before the initiation of negotiations.

	Appraisals prepared by agency staff may not be reviewed by the appraiser that made the appraisal. Appraisals prepared by contract appraisers may not be reviewed by a member of the same firm as the appraiser		Appraisals prepared by agency staff may not be reviewed by the appraiser that made the appraisal. Appraisals prepared by contract appraisers may not be reviewed by a member of the same firm as the appraiser
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	'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition'''		'''C. Analysis of Value of Improvements, Fixtures and Personalty in the Acquisition'''

	In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $25,000 or less. Improvements with a value over $25,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#136.8.6.3.1.9B Cost Approach Before Acquisition\|EPG 136.8.6.3.1.9B Cost Approach Before Acquisition]].		In a Value Finding appraisal, the appraiser may estimate the contributory value of any acquired improvement having a value of $35,000 or less. Improvements with a value over $35,000 may be valued by The Cost Less Depreciation approach with cost sources, calculations and depreciation rates shown, or by a method set out in the Scope of Assignment, or [[#136.8.6.3.1.9B Cost Approach Before Acquisition\|EPG 136.8.6.3.1.9B Cost Approach Before Acquisition]].

	Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.		Depreciation may be estimated by observed condition or age life methods. Market data supporting improvement value and/or depreciation estimates may be included.
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	In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.		In the Value Finding format, rationale for conclusion of damage to remainder due to easements or other damage shall be explained. Description of temporary and permanent easements should include the use and anticipated duration of that use.

	Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $25,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.		Losses to remainder value may result from limitation of direct access, proximity of the proposed boundary line to improvements, severance, reduction in size of remainder, configuration of remainder, change in grade, and other effects of acquisition. Losses of this nature may be estimated by the appraiser without the benefit of sales data or other supporting evidence provided an estimate for any one given loss does not exceed $35,000, but in all cases rationale must be reasonable and fully explained. Consequential damage due to more than one of the above factors may suggest that the standard appraisal format should be used.

	Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.		Cost to cure items may include wells and water systems, septic or sewer systems, waterways, terraces, fencing for proposed boundary lines along relocated highways, etc. Costs for such items shall be based on contractor estimates or other appropriate cost sources. Value of each cost to cure item and the total shall be shown. The costs of cost to cure elements, documented in the same manner that would be applied in a Standard Format, are not included in this limitation of damages in this Value Finding format.
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	Waiver valuations are not appraisals as defined by the Uniform Act and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&c=ecfr&tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR 24 102 (c)], therefore appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of "appraisal" in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.		Waiver valuations are not appraisals as defined by the Uniform Act and [http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=636c029cc9dc07b1b1485f4378da31ee&c=ecfr&tpl=/ecfrbrowse/Title49/49tab_02.tpl 49 CFR 24 102 (c)], therefore appraisal performance requirements or standards, regardless of their source, are not required for waiver valuations. Since waiver valuations are not appraisals, neither is there a requirement for an appraisal review. The definition of "appraisal" in the Uniform Act and appraisal waiver provisions of the Uniform Act and 49 CFR are federal law and public policy and should be considered as such when determining the impact of appraisal requirements levied by others, including USPAP.

	Use of the Waiver Valuation is allowed when the acquisition is simple and $25,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.		Use of the Waiver Valuation is allowed when the acquisition is simple and $35,000 or less. Fence re-establishment costs, whether improvement acquired or allocated to damages, may be excluded from this limit. No other cost to cure elements may be excluded from the limit.

	Limitations to the intended use of the Waiver Valuation include:		Limitations to the intended use of the Waiver Valuation include:
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	:* only nominal access rights are acquired		:* only nominal access rights are acquired

	:* other than fence, costs to cure cannot make the total compensation exceed $25,000		:* other than fence, costs to cure cannot make the total compensation exceed $35,000

	:* there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants		:* there are no apparent damages to the remainder – other than simple easements, access rights of nominal impact and creation of nominal uneconomic remnants
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	'''Payment Estimate Instructions'''		'''Payment Estimate Instructions'''

	Use of the Payment Estimate, [https://epg.modot.org/forms/general_files/DE/RW-LPA/Waiver_Valuation_Payment_Estimate_Form_136.8.34.docx Form 136.8.34], is allowed when the acquisition is simple and the value of the acquisition is $25,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $25,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $25,000.		Use of the Payment Estimate, [https://epg.modot.org/forms/general_files/DE/RW-LPA/Waiver_Valuation_Payment_Estimate_Form_136.8.34.docx Form 136.8.34], is allowed when the acquisition is simple and the value of the acquisition is $35,000 or less. Fence re-establishment costs, may be excluded from this limit. No other cost to cure elements may be excluded from the $35,000 limit. The same person may perform both the value estimation and negotiation functions if the value estimate is less than $35,000.

	The following sample format will be adequate for most applications, but may be expanded to include space for uneconomic remnants, etc. when required.		The following sample format will be adequate for most applications, but may be expanded to include space for uneconomic remnants, etc. when required.
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	:::Other Damages: ___________________ $ _______________		:::Other Damages: ___________________ $ _______________

	:::Sub-total: $25,000 limit $________________		:::Sub-total: $35,000 limit $________________

	:::Fencing: _________l.f. @ $______ /(l.f.) $ _______________		:::Fencing: _________l.f. @ $______ /(l.f.) $ _______________