User:Hoskir/Revision Request 4269 - Revision history

Hoskir: /* 136.8.11 ROW Services Through Contract */

2026-09-18T16:23:28Z

136.8.11 ROW Services Through Contract

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	For more detailed information about contracting for services beyond what is provided in the following sub articles, please refer to the following links:		For more detailed information about contracting for services beyond what is provided in the following sub articles, please refer to the following links:
	: [~~https://epg.modot.org/index.php?title=236.3_Administration~~#236.3.~~12_Contracting_with_MoDOT_and_E-Verify_Requirements~~ EPG 236.3.12 Contracting with MoDOT and E-Verify Requirements]		: [[#236.3.12_Consultant_Right_of_Way_Appraisal,_Acquisition,_and_Relocation_Services_(RWRS)\|EPG 236.3.12 Contracting with MoDOT and E-Verify Requirements]]
	: [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.4.7_Procedure_for_Obtaining_Title_Services EPG 236.4.4.7 Procedures for Obtaining Title Services]		: [https://epg.modot.org/index.php?title=236.4_Description_Writing_and_Titles#236.4.4.7_Procedure_for_Obtaining_Title_Services EPG 236.4.4.7 Procedures for Obtaining Title Services]
	: [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.1_Qualifications_for_Realty_Appraisers EPG 236.6.5.1 Contracting with Fee Appraisers]		: [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.1_Qualifications_for_Realty_Appraisers EPG 236.6.5.1 Contracting with Fee Appraisers]

Hoskir: /* 136.8.11.2 General Requirements for Contracts */

2026-09-18T16:21:55Z

136.8.11.2 General Requirements for Contracts

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	The following information relates to all services provided under contract including, but not limited to, title services, appraisal services, negotiation services, relocation services and mediation services.		The following information relates to all services provided under contract including, but not limited to, title services, appraisal services, negotiation services, relocation services and mediation services.

	Business entities and employers are prohibited from knowingly employing, hiring or continuing to employ illegal aliens to perform work in Missouri. Participation in the federal work authorization program E-Verify, which enables employers to electronically verify employment eligibility, is required for all public employers and business entities receiving '''a state contract''' or grant '''in excess of $5,000''' or a state-administered tax credit, tax abatement, or loan from the state. Participation in a federal work authorization program is an affirmative defense to an allegation that a business entity knowingly hired an illegal alien. For more detailed information related to E-Verify requirements please see [~~https://epg.modot.org/index.php?title=236.3_Administration~~#236.3.~~12_Contracting_with_MoDOT_and_E-Verify_Requirements~~ EPG 236.3.12].		Business entities and employers are prohibited from knowingly employing, hiring or continuing to employ illegal aliens to perform work in Missouri. Participation in the federal work authorization program E-Verify, which enables employers to electronically verify employment eligibility, is required for all public employers and business entities receiving '''a state contract''' or grant '''in excess of $5,000''' or a state-administered tax credit, tax abatement, or loan from the state. Participation in a federal work authorization program is an affirmative defense to an allegation that a business entity knowingly hired an illegal alien. For more detailed information related to E-Verify requirements please see [[#236.3.12_Consultant_Right_of_Way_Appraisal,_Acquisition,_and_Relocation_Services_(RWRS)\|EPG 236.3.12]].

	Contracts, agreements or assignment letters for contract services shall contain as a minimum the following provisions and clauses:		Contracts, agreements or assignment letters for contract services shall contain as a minimum the following provisions and clauses:

Hoskir: /* 136.8.11.3.1 General Requirements */

2026-09-18T16:20:29Z

136.8.11.3.1 General Requirements

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	1. MoDOT Central Office ROW may approve the use of a fee appraiser when it has been determined the LPA is not adequately staffed to perform this service.		1. MoDOT Central Office ROW may approve the use of a fee appraiser when it has been determined the LPA is not adequately staffed to perform this service.

	2. Individuals proposed and used to establish estimates of just compensation shall be on the [[236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers\|Roster of Approved Contract Appraisers]], which is updated annually. Refer to [[236.~~6 Appraisal and Appraisal Review~~#236.6.5.~~4 Roster of Approved Contract Appraisers~~\|EPG 236.6.5.4 Roster of Approved Contract Appraisers]].		2. Individuals proposed and used to establish estimates of just compensation shall be on the [[236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers\|Roster of Approved Contract Appraisers]], which is updated annually. Refer to [[236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers\|EPG 236.6.5.4 Roster of Approved Contract Appraisers]].

	3. Appraisal work will be performed under the requirements set forth in [[#136.8.6 Appraisal and Appraisal Review\|EPG 136.8.6 Appraisal and Appraisal Review]].		3. Appraisal work will be performed under the requirements set forth in [[#136.8.6 Appraisal and Appraisal Review\|EPG 136.8.6 Appraisal and Appraisal Review]].

Hoskir: /* 136.8.11.3.1 General Requirements */

2026-09-18T16:18:57Z

136.8.11.3.1 General Requirements

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	1. MoDOT Central Office ROW may approve the use of a fee appraiser when it has been determined the LPA is not adequately staffed to perform this service.		1. MoDOT Central Office ROW may approve the use of a fee appraiser when it has been determined the LPA is not adequately staffed to perform this service.

	2. Individuals proposed and used to establish estimates of just compensation shall be on the [~~https://epg.modot.org/index.php?title=~~236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers], which is updated annually. Refer to [[236.6 Appraisal and Appraisal Review#236.6.5.4 Roster of Approved Contract Appraisers\|EPG 236.6.5.4 Roster of Approved Contract Appraisers]].		2. Individuals proposed and used to establish estimates of just compensation shall be on the [[236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers\|Roster of Approved Contract Appraisers]], which is updated annually. Refer to [[236.6 Appraisal and Appraisal Review#236.6.5.4 Roster of Approved Contract Appraisers\|EPG 236.6.5.4 Roster of Approved Contract Appraisers]].

	3. Appraisal work will be performed under the requirements set forth in [[#136.8.6 Appraisal and Appraisal Review\|EPG 136.8.6 Appraisal and Appraisal Review]].		3. Appraisal work will be performed under the requirements set forth in [[#136.8.6 Appraisal and Appraisal Review\|EPG 136.8.6 Appraisal and Appraisal Review]].

Hoskir: /* 136.8.11.4 Contract Fee Review Appraiser */

2026-09-18T16:12:43Z

136.8.11.4 Contract Fee Review Appraiser

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	2. Individuals proposed and used to approve just compensation shall be on the [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers] which is updated annually. The Roster indicates individuals who are generally qualified to perform the review function. Other individuals on the Roster may be approved to review for individual projects.		2. Individuals proposed and used to approve just compensation shall be on the [https://epg.modot.org/index.php?title=236.6_Appraisal_and_Appraisal_Review#236.6.5.4_Roster_of_Approved_Contract_Appraisers Roster of Approved Contract Appraisers] which is updated annually. The Roster indicates individuals who are generally qualified to perform the review function. Other individuals on the Roster may be approved to review for individual projects.

	3. Appraisal review work will be performed under the requirements set forth in [[#136.8.~~11 ROW Through Contract~~\|EPG 136.8.11 ROW Services Through Contract]].		3. Appraisal review work will be performed under the requirements set forth in [[#136.8.11_ROW_Services_Through_Contract\|EPG 136.8.11 ROW Services Through Contract]].

	4. Amounts established by Contract Review Appraisers as the estimate of just compensation must be approved by an appropriate official of the responsible acquiring agency prior to the initiation of negotiation. This function cannot be delegated to contract review appraisers or consultants.		4. Amounts established by Contract Review Appraisers as the estimate of just compensation must be approved by an appropriate official of the responsible acquiring agency prior to the initiation of negotiation. This function cannot be delegated to contract review appraisers or consultants.

Hoskir: /* 136.8.12.4 Trail License Agreements */

2026-09-18T16:09:20Z

136.8.12.4 Trail License Agreements

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	The permit for work on the ROW that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.		The permit for work on the ROW that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.

	Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT ROW policy in [[236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements\|EPG 236.5.25 Leases and Airspace License Agreements].		Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT ROW policy in [[236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements\|EPG 236.5.25 Leases and Airspace License Agreements]].

	This also gives MoDOT Central Office ROW the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.		This also gives MoDOT Central Office ROW the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.

Hoskir: /* 136.8.12.4 Trail License Agreements */

2026-09-18T16:09:01Z

136.8.12.4 Trail License Agreements

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	The permit for work on the ROW that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.		The permit for work on the ROW that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.

	Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT ROW policy in [~~https://epg.modot.org/index.php?title=~~236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements EPG 236.5.25 Leases and Airspace License Agreements].		Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT ROW policy in [[236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements\|EPG 236.5.25 Leases and Airspace License Agreements].

	This also gives MoDOT Central Office ROW the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.		This also gives MoDOT Central Office ROW the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.

Hoskir: /* 136.8.12 Property Management */

2026-09-18T14:10:04Z

136.8.12 Property Management

Hoskir: /* 136.8.11.7 Contracting with Engineering Consultants for Right of Way Services */

2026-09-18T13:35:32Z

136.8.11.7 Contracting with Engineering Consultants for Right of Way Services

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	The contract form for services being contracted shall incorporate all applicable requirements and contract provisions from this article.		The contract form for services being contracted shall incorporate all applicable requirements and contract provisions from this article.

	==136.8.11.7 Contracting with Engineering Consultants for Right of Way Services==		===136.8.11.7 Contracting with Engineering Consultants for Right of Way Services===
			====136.8.11.7.1 General Requirements====
			1. An LPA may provide for ROW services through an engineering contract whereby the engineering firm is adequately staffed with qualified personnel to perform the various ROW functions. The engineering firm may also subcontract for all or part of the ROW functions from qualified sources.

	~~===136~~.8.11.~~7.1 General Requirements===~~		2. MoDOT Central Office ROW shall first make a determination that the LPA is not staffed to perform the necessary ROW services. MoDOT Central Office ROW shall also determine if the engineering firm is adequately staffed with qualified personnel to perform ROW services or that proposed subcontractors performing these services are qualified.

	1. ~~A local agency may provide~~ for ~~right of way~~ services ~~through an engineering~~ contract whereby the engineering firm is adequately staffed with qualified personnel to perform the various right of way functions. The engineering firm may also subcontract for all or part of the right of way functions from ~~qualified sources~~.		====136.8.11.7.2 Contract and Subcontract Requirements====
			Engineering consultant contracts and subcontractors providing for ROW services shall incorporate all applicable requirements and contract provisions from this article.

	2. The MoDOT district office shall first make a determination that the local agency is not staffed to perform the necessary right of way services. The MoDOT district office shall also determine if the engineering firm is adequately staffed with qualified personnel to perform right of way services or that proposed subcontractors performing these services are qualified.		====136.8.11.7.3 Approval of Contracts====
			As outlined above, fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. MoDOT Central Office ROW shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified engineering consultant.
	~~===136.8.11.7.2 Contract and Subcontract Requirements==~~=

	~~Engineering consultant contracts and subcontractors providing for right of way services shall incorporate all applicable requirements and contract provisions from this article.~~

	===136.8.11.7.3 Approval of Contracts===

	As outlined above ~~Fee~~ personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. ~~The applicable~~ MoDOT ~~district office~~ shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified engineering consultant.

	=136.8.12 Property Management=		=136.8.12 Property Management=

Hoskir: /* 136.8.11.6 Contract for Total Right of Way Services */

2026-09-18T13:28:00Z

136.8.11.6 Contract for Total Right of Way Services

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	Experience in eminent domain negotiations is preferred and strongly recommended.		Experience in eminent domain negotiations is preferred and strongly recommended.

	==136.8.11.6 Contract for Total Right of Way Services==		===136.8.11.6 Contract for Total Right of Way Services===
			====136.8.11.6.1 General Requirements====
			1. A LPA may elect to obtain fee services for total ROW services or combination of services from qualified contractors.

	~~===136.8.11.6.1 General Requirements===~~		2. A determination shall be made by MoDOT ROW Central Office that the LPA is not staffed to perform the required services or has not completed the required [https://www.modot.org/lpa-basic-training-class-link LPA Basic Training].

	~~1. A local agency may elect to obtain fee services for total right of way services or combination of services from qualified contractors.~~

	2. A determination shall be made by MoDOT ROW Central Office that the ~~local agency~~ is not staffed to perform the required services or has not completed the required [https://www.modot.org/lpa-basic-training-class-link LPA Basic Training].

	3. The contractor is required to complete the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiation]The qualifications of contractors must be examined by MoDOT ROW Central Office to determine their capability to perform the services to be contracted and be added to the approved [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf MoDOT negotiator roster].		3. The contractor is required to complete the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiation]The qualifications of contractors must be examined by MoDOT ROW Central Office to determine their capability to perform the services to be contracted and be added to the approved [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf MoDOT negotiator roster].

	===136.8.11.6.2 Approval of Contract===		====136.8.11.6.2 Approval of Contract====

	Contact the local MoDOT ROW Central Office for specific instructions.		Contact the local MoDOT ROW Central Office for specific instructions.

	The contract form for services being contracted shall incorporate all applicable requirements and contract provisions from this article.		The contract form for services being contracted shall incorporate all applicable requirements and contract provisions from this article.

	==136.8.11.7 Contracting with Engineering Consultants for Right of Way Services==		==136.8.11.7 Contracting with Engineering Consultants for Right of Way Services==

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	As outlined above, fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. MoDOT Central Office ROW shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified engineering consultant.		As outlined above, fee personnel shall be retained directly by the acquiring agency and required, by written contract, to personally perform the services contracted for, except as hereinafter provided. MoDOT Central Office ROW shall monitor and when necessary provide guidance to the agency in its contracting practices to ensure that the (1) contract form substantially complies with requirements of this article, and (2) contract is with a qualified engineering consultant.

	=136.8.12 Property Management=		==136.8.12 Property Management==
			===136.8.12.1 General===
	==136.8.12.1 General==		By definition, property management is managing and administering property acquired for construction project purposes so that the public interest is served. The Local Public Agencies (LPAs) are responsible for ensuring adequate control and effective administration of lands and improvements acquired for ROW purposes.

	By definition, property management is managing and administering property acquired for construction project purposes so that the public interest is served. The Local Public Agencies (LPAs) are responsible for ensuring adequate control and effective administration of lands and improvements acquired for ~~right of way~~ purposes.

	The LPA responsible for property management must handle such activities in a manner consistent with federal and state requirements. The LPAs program should be carried out in a manner that assures the maximum public benefit.		The LPA responsible for property management must handle such activities in a manner consistent with federal and state requirements. The LPAs program should be carried out in a manner that assures the maximum public benefit.

	==136.8.12.2 Property Management During the Acquisition Phase==		===136.8.12.2 Property Management During the Acquisition Phase===

	Just as any privately operated management firm, the acquiring agency is responsible for the preservation of improvements and for the reasonable safety measures relative to the preservation of the acquired property and protection of lawful occupants when it has acquired ownership and possession of property.		Just as any privately operated management firm, the acquiring agency is responsible for the preservation of improvements and for the reasonable safety measures relative to the preservation of the acquired property and protection of lawful occupants when it has acquired ownership and possession of property.

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	Income from rents received during the acquisition phase of the project, are credited against project costs.		Income from rents received during the acquisition phase of the project, are credited against project costs.

	==136.8.12.3 Post-Construction Property Management==		===136.8.12.3 Post-Construction Property Management===
			====136.8.12.3.1 Disposal of Property====
	===136.8.12.3.1 Disposal of Property===		Disposal of ROW no longer required in a Federal-aid project after clearance certification requires specific MoDOT approval. Value is to be determined by the appraisal process. Disposition may be by public sale or negotiations depending on the situation. The net proceeds from any disposal must be used on projects eligible for funding under 23 USC.

	Disposal of ~~right of way~~ no longer required in a Federal-aid project after clearance certification requires specific MoDOT approval. Value is to be determined by the appraisal process. Disposition may be by public sale or negotiations depending on the situation. The net proceeds from any disposal must be used on projects eligible for funding under 23 USC.

	If uneconomic remnants, were acquired with federal funds participation, the federal share must be refunded when the remnant is sold.		If uneconomic remnants, were acquired with federal funds participation, the federal share must be refunded when the remnant is sold.

	===136.8.12.3.2 Leasing===		====136.8.12.3.2 Leasing====

	'''1. Leasing of Airspace, Land or Right of Way'''		'''1. Leasing of Airspace, Land or Right of Way'''

	Property located within the ~~right of way~~ lines of a project is considered to be ~~right of way~~ airspace. Federal regulations require that the LPAs charge fair market value for the sale, use, lease, or lease renewals of ~~right of way~~ airspace that was acquired in whole or in part with federal assistance.		Property located within the ROW lines of a project is considered to be ROW airspace. Federal regulations require that the LPAs charge fair market value for the sale, use, lease, or lease renewals of ROW airspace that was acquired in whole or in part with federal assistance.

	Regulations provide for use of airspace for non-highway purposes above, at, or below the highways established grade line. Airspace can be put to both public and private uses such as parks, parking etc. When an agency contemplates use of airspace they must consult with MoDOT ~~district office~~ for guidance. Specific approval from MoDOT is required and rates for leasing airspace are to be determined based upon fair market rental rates.		Regulations provide for use of airspace for non-highway purposes above, at, or below the highways established grade line. Airspace can be put to both public and private uses such as parks, parking etc. When an agency contemplates use of airspace they must consult with MoDOT Central Office ROW for guidance. Specific approval from MoDOT is required and rates for leasing airspace are to be determined based upon fair market rental rates.

	Net income from funds derived from leasing of airspace are to be used on future Federal-aid projects eligible for funding under 23 USC.		Net income from funds derived from leasing of airspace are to be used on future Federal-aid projects eligible for funding under 23 USC.

	If ~~right of way~~ and/or uneconomic remnants were acquired with federal funds participation, the federal share must be refunded when the remnant is leased.		If ROW and/or uneconomic remnants were acquired with federal funds participation, the federal share must be refunded when the remnant is leased.

	'''2. Leasing of Excess Right of Way '''		'''2. Leasing of Excess Right of Way '''

	Acquired property located outside of the ~~right of way~~ limits and that is no longer needed in connection with maintaining an existing roadway or for construction of a future project is considered to be excess ROW. Federal regulations require that properties purchased with federal assistance, but not directly need for program purposes, be disposed of as soon as practical. Federal regulations require that the LPAs charge fair market value for the sale or lease of this property.		Acquired property located outside of the ROW limits and that is no longer needed in connection with maintaining an existing roadway or for construction of a future project is considered to be excess ROW. Federal regulations require that properties purchased with federal assistance, but not directly need for program purposes, be disposed of as soon as practical. Federal regulations require that the LPAs charge fair market value for the sale or lease of this property.

	The LPA will need to obtain MoDOT approval to lease or sell right of way. The LPAs request to MoDOT must explain why the ~~right of way~~ is no longer needed, and include a plan which identifies the ~~right of way~~ to be disposed of, including access control, in relation to the construction features and remaining right of way.		The LPA will need to obtain MoDOT approval to lease or sell right of way. The LPAs request to MoDOT must explain why the ROW is no longer needed, and include a plan which identifies the ROW to be disposed of, including access control, in relation to the construction features and remaining right of way.

	It must be emphasized that the release of access control is a disposal of a property right and must be treated accordingly.		It must be emphasized that the release of access control is a disposal of a property right and must be treated accordingly.
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	The fair market value is to be determined by the appraisal process. Disposition may be by public sale or negotiations depending on the situation. Net income from funds derived from leasing of airspace are to be used on future Federal-aid projects eligible for funding under 23 USC.		The fair market value is to be determined by the appraisal process. Disposition may be by public sale or negotiations depending on the situation. Net income from funds derived from leasing of airspace are to be used on future Federal-aid projects eligible for funding under 23 USC.

	==136.8.12.4 Trail License Agreements==		===136.8.12.4 Trail License Agreements===
			The permit for work on the ROW that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.
	The permit for work on the ~~right of way~~ that we assume with the programming agreement does not allow for continued use of the right of way. It generally expires at the end of the construction of the project. If there is any permanent structure or trail on the right of way, a Trail License Agreement should be in place. MoDOT needs an agreement in place to protect the Commission for the use that is occurring.

	Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT RW policy in [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements EPG 236.5.25 Leases and Airspace License Agreements].		Trail License agreements, Airspace agreements, and Lease agreements put this protection in place by maintaining an insurance requirement. For more information you may view the MoDOT ROW policy in [https://epg.modot.org/index.php?title=236.5_Property_Management#236.5.25_Leases_and_Airspace_License_Agreements EPG 236.5.25 Leases and Airspace License Agreements].

	This also gives ~~the~~ Central Office ~~Right of Way Section~~ the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.		This also gives MoDOT Central Office ROW the opportunity to capture the information into their Realty Asset Inventory (RAI) database for maintenance of required inspections and or insurance.

	Leases are structured for a five (5) year term (or less when appropriate). Trail License and Airspace agreements are generally structured to be in place for longer than the standard five (5) year Lease.		Leases are structured for a five (5) year term (or less when appropriate). Trail License and Airspace agreements are generally structured to be in place for longer than the standard five (5) year Lease.

	Trail agreements contain language to prohibit Commission owned property from being converted to 6f or 4f property. This restriction can aid MoDOT in avoiding difficulties later and ensure that state ~~right of way~~ is not considered parkland.		Trail agreements contain language to prohibit Commission owned property from being converted to 6f or 4f property. This restriction can aid MoDOT in avoiding difficulties later and ensure that state ROW is not considered parkland.

	If the trail is going to be built on the interstate system, then FHWA must approve the plans.		If the trail is going to be built on the interstate system, then FHWA must approve the plans.

	Standard Liability insurance is currently set by statute. Please see ~~your district representative~~ for the current limits per individual and per occurrence. If there is a problem securing the current limits of insurance, please discuss it with ~~the~~ MoDOT ~~district RW representative~~. MoDOT will review the location, risk and liability before signing the Trail License Agreement.		Standard Liability insurance is currently set by statute. Please see MoDOT Central Office ROW for the current limits per individual and per occurrence. If there is a problem securing the current limits of insurance, please discuss it with MoDOT Central Office ROW. MoDOT will review the location, risk and liability before signing the Trail License Agreement.

	If the trail will be constructed above, below, or around a bridge or similar structure, MoDOT will do a risk evaluation called a Security Assessment Form. This will look at the proximity to vehicle traffic and the general public, and what inherent dangers there are in having the trail in this location.		If the trail will be constructed above, below, or around a bridge or similar structure, MoDOT will do a risk evaluation called a Security Assessment Form. This will look at the proximity to vehicle traffic and the general public, and what inherent dangers there are in having the trail in this location.





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