User:Hoskir/Revision Request 4269 - Revision history

Hoskir: /* 136.8.12 Property Management */

2026-10-09T15:11:41Z

136.8.12 Property Management

← Older revision		Revision as of 09:11, 9 October 2026
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	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.		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 ~~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.		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 COROW 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.
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	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.		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 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.		Standard Liability insurance is currently set by statute. Please see MoDOT COROW 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 COROW. 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 to 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 to the general public, and what inherent dangers there are in having the trail in this location.

Hoskir: /* 136.8.11 ROW Services Through Contract */

2026-10-09T15:06:15Z

136.8.11 ROW Services Through Contract

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Hoskir: /* 136.8.10 ROW Clearance Certification */

2026-10-09T14:52:29Z

136.8.10 ROW Clearance Certification

Hoskir at 14:29, 9 October 2026

2026-10-09T14:29:01Z

Hoskir at 14:15, 9 October 2026

2026-10-09T14:15:22Z

Hoskir: /* 136.8.1.6 Local Public Agency - ROW and Easement Acquisition */

2026-10-09T13:46:59Z

136.8.1.6 Local Public Agency - ROW and Easement Acquisition

← Older revision		Revision as of 07:46, 9 October 2026
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	<center> An [[media:236.18.1.6 Flow Chart.pdf\|easily printable version]] of the chart is also available.</center>]]		<center> An [[media:236.18.1.6 Flow Chart.pdf\|easily printable version]] of the chart is also available.</center>]]

	The goal is to acquire ~~right of way~~ AND certify it clear; at the same time the final Plans Specifications and Estimates (PSE) package is approved. Ultimately, the final PSE should not obstruct the completion of the ROW clearance, and the ROW clearance should not delay the Final PSE.		The goal is to acquire ROW AND certify it clear; at the same time the final Plans Specifications and Estimates (PSE) package is approved. Ultimately, the final PSE should not obstruct the completion of the ROW clearance, and the ROW clearance should not delay the Final PSE.

	These instructions should be used as a map to identify where you are in the ROW Process and what to do next. Like many maps, it will not tell you how long it takes, but simply how to get there. How long it will take is up to the project sponsor and the designer. Dealing with private property owners can be dynamic and complicated, but is not out of your control. The more time you can allow for this phase, the more likely you are to meet your schedule for construction.		These instructions should be used as a map to identify where you are in the ROW Process and what to do next. Like many maps, it will not tell you how long it takes, but simply how to get there. How long it will take is up to the project sponsor and the designer. Dealing with private property owners can be dynamic and complicated, but is not out of your control. The more time you can allow for this phase, the more likely you are to meet your schedule for construction.
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	'''Square 1'''		'''Square 1'''

	The ROW Process actually begins during the Preliminary Design Plans (PDP) stage. The approvals you must obtain during PDP directly affect your ability to begin ROW Acquisition. Check with your MoDOT ~~Central Office ROW~~ on the status of the environmental and historic clearances. Among other requirements, the environmental categorical exclusion approval must be obtained before the PDP can be approved.		The ROW Process actually begins during the Preliminary Design Plans (PDP) stage. The approvals you must obtain during PDP directly affect your ability to begin ROW Acquisition. Check with your MoDOT COROW on the status of the environmental and historic clearances. Among other requirements, the environmental categorical exclusion approval must be obtained before the PDP can be approved.

	Some projects will receive a programmatic categorical exclusion for the environmental clearance and a CE-2 submittal will not be required. All projects will still require a [[127.2 Historic Preservation and Cultural Resources\|Section 106 Historic]] clearance. A Section 106 form should be sent to the Missouri Department of Natural Resources (MoDNR) to be reviewed as soon as possible in order to keep the process moving. When the CE-2 has been received and Section 106 has been applied for you may move to the next step.		Some projects will receive a programmatic categorical exclusion for the environmental clearance and a CE-2 submittal will not be required. All projects will still require a [[127.2 Historic Preservation and Cultural Resources\|Section 106 Historic]] clearance. A Section 106 form should be sent to the Missouri Department of Natural Resources (MoDNR) to be reviewed as soon as possible in order to keep the process moving. When the CE-2 has been received and Section 106 has been applied for you may move to the next step.
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	Submit ROW Plans to MoDOT for review, if there are comments made, revise them and move to the next square. If no comments are made and the ROW Plans are approved, skip the next square and move directly to Square 5, ROW Plans Approved.		Submit ROW Plans to MoDOT for review, if there are comments made, revise them and move to the next square. If no comments are made and the ROW Plans are approved, skip the next square and move directly to Square 5, ROW Plans Approved.

	With no time to waste, move ahead to Square 6; review the most recent ROW Cost Estimate for accuracy, age and any new developments with regard to property owners, land sales or new construction. Now is the time to update this cost estimate to ensure you have an accurate number. For a list of eligible and reimbursable ROW costs, contact MoDOT ~~Central Office ROW~~. Now move to the next square.		With no time to waste, move ahead to Square 6; review the most recent ROW Cost Estimate for accuracy, age and any new developments with regard to property owners, land sales or new construction. Now is the time to update this cost estimate to ensure you have an accurate number. For a list of eligible and reimbursable ROW costs, contact MoDOT COROW. Now move to the next square.

	'''Square 7'''		'''Square 7'''
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	'''Square 14'''		'''Square 14'''

	If you are following the path marked Local, complete the “Request for ROW Authority (A-Date) Notice to Proceed” and check the box “Local Public Agency will fund all ROW activities…”, MoDOT ~~Central Office ROW~~ will grant your approval to begin ROW Acquisition without the use of federal funds in ROW. You will be notified when you may begin acquisition. If you check the box “Local Public Agency is requesting Federal Participation in funding ROW activities", then you must wait for FHWA to obligate those federal funds.		If you are following the path marked Local, complete the “Request for ROW Authority (A-Date) Notice to Proceed” and check the box “Local Public Agency will fund all ROW activities…”, MoDOT COROW will grant your approval to begin ROW Acquisition without the use of federal funds in ROW. You will be notified when you may begin acquisition. If you check the box “Local Public Agency is requesting Federal Participation in funding ROW activities", then you must wait for FHWA to obligate those federal funds.

	The only thing you should have done at this point with regard to ROW Acquisition is title work, ROW plans, cost estimates and complete the ROW Scheduling Tool. These are all eligible for reimbursement under Preliminary Engineering (PE). You may also send a letter to all affected property owners, to advise them of their rights according to the [https://revisor.mo.gov/main/OneChapter.aspx?chapter=523&constit= Eminent Domain Law, RsMO 523.000].		The only thing you should have done at this point with regard to ROW Acquisition is title work, ROW plans, cost estimates and complete the ROW Scheduling Tool. These are all eligible for reimbursement under Preliminary Engineering (PE). You may also send a letter to all affected property owners, to advise them of their rights according to the [https://revisor.mo.gov/main/OneChapter.aspx?chapter=523&constit= Eminent Domain Law, RsMO 523.000].
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	'''Square 19'''		'''Square 19'''

	Submit your ROW Clearance Certification Statement to MoDOT ~~Central Office ROW~~. Please do this as early as possible to ensure there is time to review the acquisition files. Many times, ROW personnel will be available to come to your city or county to perform the review. In most cases, this may be more efficient; if there are any changes to be made, it typically can be handled on the spot.		Submit your ROW Clearance Certification Statement to MoDOT COROW. Please do this as early as possible to ensure there is time to review the acquisition files. Many times, ROW personnel will be available to come to your city or county to perform the review. In most cases, this may be more efficient; if there are any changes to be made, it typically can be handled on the spot.

	If your parcel files are not in order, you will spend whatever additional time it takes to remedy the situation in order to certify the ROW is clear. This must be completed before any construction activity can take place. If the parcels have been acquired according to policies and procedures, MoDOT will advise you that your ROW Clearance Certification Statement is approved and ready to move the project along.		If your parcel files are not in order, you will spend whatever additional time it takes to remedy the situation in order to certify the ROW is clear. This must be completed before any construction activity can take place. If the parcels have been acquired according to policies and procedures, MoDOT will advise you that your ROW Clearance Certification Statement is approved and ready to move the project along.

Hoskir: /* 136.8.1.5 Local Public Agency ROW Acquisition Brochure */

2026-10-09T13:36:41Z

136.8.1.5 Local Public Agency ROW Acquisition Brochure

← Older revision		Revision as of 07:36, 9 October 2026
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	===136.8.1.5 Local Public Agency ROW Acquisition Brochure===		===136.8.1.5 Local Public Agency ROW Acquisition Brochure===
	An [[media:236 RW Leaflet.doc\|LPA ROW Acquisition Brochure]] specifically designed for LPA use is available in preprinted form through MoDOT ~~Central Office ROW~~. 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 ROW Acquisition Brochure]] specifically designed for LPA use is available in preprinted form through MoDOT COROW. The ROW 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.

	A brochure for residential and business displacements, identifying relocation assistance eligibility and benefits is also available from MoDOT ~~Central Office ROW~~ for those parties or businesses that are displaced or must move personal property from the proposed right of way.		A brochure for residential and business displacements, identifying relocation assistance eligibility and benefits is also available from MoDOT COROW for those parties or businesses that are displaced or must move personal property from the proposed right of way.

	===136.8.1.6 Local Public Agency - ROW and Easement Acquisition===		===136.8.1.6 Local Public Agency - ROW and Easement Acquisition===

Hoskir at 13:30, 9 October 2026

2026-10-09T13:30:55Z

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Hoskir: /* 136.8.12.4 Trail License Agreements */

2026-10-08T16:32:05Z

136.8.12.4 Trail License Agreements

← Older revision		Revision as of 10:32, 8 October 2026
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	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 COROW 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.
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	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.		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 to the general public, and what inherent dangers there are in having the trail in this location.



	<!-- [[Category:136 Local Public Agency (LPA) Policy\|136.08]] -->		<!-- [[Category:136 Local Public Agency (LPA) Policy\|136.08]] -->

Hoskir: /* 136.8.12.3.2 Leasing */

2026-10-08T16:30:19Z

136.8.12.3.2 Leasing

← Older revision		Revision as of 10:30, 8 October 2026
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	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.		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 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.		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.

← Older revision		Revision as of 08:52, 9 October 2026
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	==136.8.10 ROW Clearance Certification==		==136.8.10 ROW Clearance Certification==
	===136.8.10.1 General===		===136.8.10.1 General===
	Prior to authorization to advertise the physical construction for bids, the Local Public Agency (LPA) shall submit a [https://epg.modot.org/forms/LPA/DE/136.8%20Local%20Public%20Agency%20Land%20Acquisition/136.8.8%20Clearance%20Certification%20Statement.docx ROW Clearance Certification Statement (Form 136.8.8)] to MoDOT ~~Central Office ROW~~.		Prior to authorization to advertise the physical construction for bids, the Local Public Agency (LPA) shall submit a [https://epg.modot.org/forms/LPA/DE/136.8%20Local%20Public%20Agency%20Land%20Acquisition/136.8.8%20Clearance%20Certification%20Statement.docx ROW Clearance Certification Statement (Form 136.8.8)] to MoDOT COROW.

	The ROW Clearance Certification Statement is required for all federally assisted projects (federal funds participation in either ROW or construction), but only if any ROW acquisition was necessary. The ROW Clearance Certification Statement identifies the acquisition status of necessary ROW for the purpose of advancing a project to construction. It also addresses the status of any relocation activities necessary on the project.		The ROW Clearance Certification Statement is required for all federally assisted projects (federal funds participation in either ROW or construction), but only if any ROW acquisition was necessary. The ROW Clearance Certification Statement identifies the acquisition status of necessary ROW for the purpose of advancing a project to construction. It also addresses the status of any relocation activities necessary on the project.

	The agency shall submit a ROW Clearance Certification Statement to ~~the~~ MoDOT COROW on the agency's letterhead signed by appropriate official or officials.		The agency shall submit a ROW Clearance Certification Statement to MoDOT COROW on the agency's letterhead signed by appropriate official or officials.

	When LPA ROW Projects affect a MoDOT Route, there may be new ROW or easements coming into the State’s highway system. Information regarding the acquisition of such parcels must also be added to the ROW Clearance Certification Statement. In turn, the MoDOT ~~Central Office ROW~~ will advise ROW Office in its ROW Clearance Certification Statement. District ROW shall open a file record in the ROW Parcel Acquisition Database and document the acquisition data of the acquired property.		When LPA ROW Projects affect a MoDOT Route, there may be new ROW or easements coming into the State’s highway system. Information regarding the acquisition of such parcels must also be added to the ROW Clearance Certification Statement form. In turn, the MoDOT COROW will advise the District ROW Office in its ROW Clearance Certification Statement. District ROW shall open a file record in the ROW Parcel Acquisition Database and document the acquisition data of the acquired property.

	All jobs certified clear more than one year prior to construction letting must have an updated ROW Clearance Certification Statement issued to verify that the ROW is still clear and that there are no encumbrances of any kind and there are no rental agreements, extensions of possession or leases in effect.		All jobs certified clear more than one year prior to construction letting must have an updated ROW Clearance Certification Statement issued to verify that the ROW is still clear and that there are no encumbrances of any kind and there are no rental agreements, extensions of possession or leases in effect.
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	If the realty rights were acquired more than 5 years prior to the first request for federal funds, the project sponsor shall submit a statement certifying that no new realty rights are required for the project, provide the dates the existing realty rights were acquired, and copies of the acquisition deed or easements for each parcel.		If the realty rights were acquired more than 5 years prior to the first request for federal funds, the project sponsor shall submit a statement certifying that no new realty rights are required for the project, provide the dates the existing realty rights were acquired, and copies of the acquisition deed or easements for each parcel.

	The sponsor must certify by signed letter to MoDOT ~~Central Office ROW~~ stating the following (example) and provide copies of the acquisition deed or easements for each parcel:		The sponsor must certify by signed letter to MoDOT COROW stating the following (example) and provide copies of the acquisition deed or easements for each parcel:
	: The City/County of ________ hereby certifies there is no new ROW necessary for the federally funded project known as _____ (give the Project Number here)_____. Furthermore, the last recorded acquisition of ROW or permanent easements within the limits of this project occurred more than 5 years prior to the initial obligation of federal funds.		: The City/County of ________ hereby certifies there is no new ROW necessary for the federally funded project known as _____ (give the Project Number here)_____. Furthermore, the last recorded acquisition of ROW or permanent easements within the limits of this project occurred more than 5 years prior to the initial obligation of federal funds.
	: Our records indicate the City/County of _______ acquired the most recent land, right of way, or easements on which, this project is to be constructed, on _____(month) _____(day)_____(year).		: Our records indicate the City/County of _______ acquired the most recent land, right of way, or easements on which, this project is to be constructed, on _____(month) _____(day)_____(year).
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	If one or all the parcels of the realty rights were acquired less than 5 years prior to the first request for federal funds, the acquisition must have occurred within the parameters of the Uniform Act for any portion of the project to receive federal funds.		If one or all the parcels of the realty rights were acquired less than 5 years prior to the first request for federal funds, the acquisition must have occurred within the parameters of the Uniform Act for any portion of the project to receive federal funds.

	The sponsor must submit all the parcel files and normal ROW Clearance Certification Statement. The LPA oversight consultant and MoDOT ~~Central Office ROW~~ will review the acquisition of the ROW and Easements for compliance with the Uniform Act, and notify the project sponsor the ROW is clear.		The sponsor must submit all the parcel files and normal ROW Clearance Certification Statement. The LPA oversight consultant and MoDOT COROW will review the acquisition of the ROW and Easements for compliance with the Uniform Act, and notify the project sponsor the ROW is clear.

	===136.8.10.2 When Should a ROW Clearance Certification Statement Be Submitted===		===136.8.10.2 When Should a ROW Clearance Certification Statement Be Submitted===
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	A Conditional ROW Clearance Certification Statement is required when the agency's administration staff has determined it necessary to advance a construction project to letting prior to obtaining legal and physical possession of all the needed right of way. The LPA may request construction authorization of this type only in very unusual circumstances. This exception must never become the rule.		A Conditional ROW Clearance Certification Statement is required when the agency's administration staff has determined it necessary to advance a construction project to letting prior to obtaining legal and physical possession of all the needed right of way. The LPA may request construction authorization of this type only in very unusual circumstances. This exception must never become the rule.

	Each situation is different. MoDOT ~~Central Office ROW~~ is available for direct assistance to insure compliance with 49 CFR, and expedient clearance of the ROW for certification.		Each situation is different. MoDOT COROW is available for direct assistance to insure compliance with 49 CFR, and expedient clearance of the ROW for certification.

	ROW Clearance Certification Statements which show exceptions must be followed by an Entire ROW Clearance Certification Statement from the MoDOT ~~Central Office ROW~~ at such time as the exceptions have been satisfied.		ROW Clearance Certification Statements which show exceptions must be followed by an Entire ROW Clearance Certification Statement from the MoDOT COROW at such time as the exceptions have been satisfied.

	Any job certified clear more than one year prior to letting must be verified to determine that the job is still clear and that there are no rental agreements or leases in existence.		Any job certified clear more than one year prior to letting must be verified to determine that the job is still clear and that there are no rental agreements or leases in existence.

← Older revision		Revision as of 08:29, 9 October 2026
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	=====136.8.6.3.8.3 MoDOT ROW Section's Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review=====		=====136.8.6.3.8.3 MoDOT ROW Section's Involvement in Scope of Assignment, Administrative Review and Administrative Settlement Review=====
	To assure quality appraisals, waiver valuations and appraisal reviews, the MoDOT COROW Section of Design will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to COROW ~~Section~~ for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this article, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.		To assure quality appraisals, waiver valuations and appraisal reviews, the MoDOT COROW Section of Design will support the Administrator of Aviation, Multimodal Operations Division with scope of assignment considerations and administrative review. When the airport sponsor has obtained a valuation and appraisal review for airport acquisition, it shall be delivered to the Administrator of Aviation and routed to COROW for an administrative review. An administrative review is, at a minimum, a desk check of factual data and information presented in the valuation report, a determination that the report fulfills the requirements of this article, that the report addresses the special valuation considerations for valuation for airport purposes and provides a quality report with appropriate conclusions.

	===136.8.6.4 LPA Appraisal Review and Approval of Just Compensation===		===136.8.6.4 LPA Appraisal Review and Approval of Just Compensation===
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	A 90-day Notice to Vacate shall not be given before the notice of relocation eligibility. A notice to vacate is required in all cases in which an acquired structure is occupied, or personal property must be removed.		A 90-day Notice to Vacate shall not be given before the notice of relocation eligibility. A notice to vacate is required in all cases in which an acquired structure is occupied, or personal property must be removed.

	In cases of displacement of an individual, family, or business, ~~the~~ COROW will offer guidance regarding relocation assistance, upon request from the Local Public Agency (LPA). Other notices to vacate, depending on the various circumstances encountered, are available in the [[236.8 Relocation Assistance Program\|EPG 236.8 Relocation Assistance Program]].		In cases of displacement of an individual, family, or business, COROW will offer guidance regarding relocation assistance, upon request from the Local Public Agency (LPA). Other notices to vacate, depending on the various circumstances encountered, are available in the [[236.8 Relocation Assistance Program\|EPG 236.8 Relocation Assistance Program]].

	For more information on MoDOT policy regarding the relocation assistance program, please see EPG 236.8 Relocation Assistance Program.		For more information on MoDOT policy regarding the relocation assistance program, please see EPG 236.8 Relocation Assistance Program.
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	When non-complex property or property rights are donated, a proper Local Public Agency (LPA) authority may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.		When non-complex property or property rights are donated, a proper Local Public Agency (LPA) authority may waive acquisition of additional property interests (like partial mortgage releases, easement owners, tenant interests, etc.), but a memo outlining the waiver to acquire additional property interests should be included in the file.

	The Uniform Act forbids an acquiring agency from taking any coercive action that compel owners to agree on a price for their property. As such, in most cases it would be inappropriate for a LPA at the time of initiation of negotiations to inform the property owners that the needed ROW would have to be donated to the acquiring agency in order for the roadway project to be completed. The only acceptable circumstance would be in the case when the project would be terminated unless all owners agreed to donate.		The Uniform Act forbids an acquiring agency from taking any coercive action that compel owners to agree on a price for their property. As such, in most cases it would be inappropriate for an LPA at the time of initiation of negotiations to inform the property owners that the needed ROW would have to be donated to the acquiring agency in order for the roadway project to be completed. The only acceptable circumstance would be in the case when the project would be terminated unless all owners agreed to donate.

	====136.8.7.2.2 Donations of Property as Credit To LPAs Matching Share (Soft Match)====		====136.8.7.2.2 Donations of Property as Credit To LPAs Matching Share (Soft Match)====
	The value of donated property can be used as a credit to the LPA's matching share of project costs. Those agencies wishing to utilize this provision should read and comply with [https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx Form 136.8.19]. MoDOT ~~Central Office ROW~~ will be able to provide assistance and guidance in obtaining this credit.		The value of donated property can be used as a credit to the LPA's matching share of project costs. Those agencies wishing to utilize this provision should read and comply with [https://epg.modot.org/forms/RW/LPA%20Links/Privately%20Donated%20Land%20as%20Credit%20to%20Matching%20Share%20of%20Project%20Costs%20Form%20136.8.19.docx Form 136.8.19]. MoDOT COROW will be able to provide assistance and guidance in obtaining this credit.

	If such crediting is used, a valuation of the donated property must be done. MoDOT must concur in that valuation prior to Plans, Specifications and Estimates Approval (PS&E), to assure the credit.		If such crediting is used, a valuation of the donated property must be done. MoDOT must concur in that valuation prior to Plans, Specifications and Estimates Approval (PS&E), to assure the credit.
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	====136.8.7.2.3 Donation in Exchange for Construction Features====		====136.8.7.2.3 Donation in Exchange for Construction Features====
	A LPA may accept an owner's offer to donate in exchange for construction features that will benefit the owner. The LPA should make an economic determination that the cost of the services rendered can reasonably be balanced against the value of the required acquisition. In this case the owner should sign a [https://epg.modot.org/forms/RW/LPA%20Links/Donation%20in%20Exchange%20for%20Construction%20Features%20Letter%20Form%20136.8.10.docx Donation In Exchange] letter and complete the donation of necessary ROW in exchange for the specified construction features to be rendered.		An LPA may accept an owner's offer to donate in exchange for construction features that will benefit the owner. The LPA should make an economic determination that the cost of the services rendered can reasonably be balanced against the value of the required acquisition. In this case the owner should sign a [https://epg.modot.org/forms/RW/LPA%20Links/Donation%20in%20Exchange%20for%20Construction%20Features%20Letter%20Form%20136.8.10.docx Donation In Exchange] letter and complete the donation of necessary ROW in exchange for the specified construction features to be rendered.

	===136.8.7.3 Dedications===		===136.8.7.3 Dedications===
	A LPA may accept a parcel of land through dedication if the dedication is done pursuant to a local planning and zoning process or at the request of the property owner for use concessions. This is not considered an acquisition requiring just compensation. However, the LPA must still obtain a conveyance document (such as a deed) from the property owner, along with a donation letter.		An LPA may accept a parcel of land through dedication if the dedication is done pursuant to a local planning and zoning process or at the request of the property owner for use concessions. This is not considered an acquisition requiring just compensation. However, the LPA must still obtain a conveyance document (such as a deed) from the property owner, along with a donation letter.

	Dedications are not considered donations for purposes of donation credit (soft match). Any dedication undertaken to circumvent federal requirements is unacceptable.		Dedications are not considered donations for purposes of donation credit (soft match). Any dedication undertaken to circumvent federal requirements is unacceptable.
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	====136.8.7.5.2 Administrative Settlement Justification Letter====		====136.8.7.5.2 Administrative Settlement Justification Letter====
	At the conclusion of an administrative settlement, the LPA shall prepare a letter of justification ([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]) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the MoDOT ~~Central Office ROW~~ when the project is submitted for clearance.		At the conclusion of an administrative settlement, the LPA shall prepare a letter of justification ([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]) that sets out the terms of the settlement and the factors upon which it was based. A copy of this letter is to be sent to the MoDOT COROW when the project is submitted for clearance.

	Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.		Administrative settlement justification is not to be based on perceived inadequacies of the appraisal process. If the appraisal, on which the offer was based, is subsequently believed to be deficient, a new or revised appraisal should be secured.
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	==136.8.8 Acquisition Through Eminent Domain==		==136.8.8 Acquisition Through Eminent Domain==
	===136.8.8.1 General===		===136.8.8.1 General===
	The basic principles governing the exercise of the power of eminent domain are established by state law and are described in [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines\|EPG 236.10.7 Eminent Domain Guidelines]]. If negotiations are not successful, the acquisition case is turned over to the agency's legal representative to secure the property through condemnation action, or a legal settlement. It is strongly recommended that any time property must be acquired by condemnation action, the local public agency (LPA) should contact the local MoDOT ~~Central Office ROW~~ for assistance.		The basic principles governing the exercise of the power of eminent domain are established by state law and are described in [[236.10 Right Of Way Condemnation#236.10.7 Eminent Domain Guidelines\|EPG 236.10.7 Eminent Domain Guidelines]]. If negotiations are not successful, the acquisition case is turned over to the agency's legal representative to secure the property through condemnation action, or a legal settlement. It is strongly recommended that any time property must be acquired by condemnation action, the local public agency (LPA) should contact the local MoDOT COROW for assistance.

	The [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx ROW Acquisition Schedule] submitted by the LPA at the time acquisition authority was requested includes a section for filing the condemnation petition. In order to ensure that LPA projects continue to make reasonable progress, the LPA is expected to initiate condemnation proceedings as outlined in the ROW Acquisition Schedule. Should the LPA choose not to initiate condemnation proceedings, the LPA will be expected to cancel the project and reimburse MoDOT for all previous expenses.		The [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx ROW Acquisition Schedule] submitted by the LPA at the time acquisition authority was requested includes a section for filing the condemnation petition. In order to ensure that LPA projects continue to make reasonable progress, the LPA is expected to initiate condemnation proceedings as outlined in the ROW Acquisition Schedule. Should the LPA choose not to initiate condemnation proceedings, the LPA will be expected to cancel the project and reimburse MoDOT for all previous expenses.
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	===136.8.8.2 Documentation of Legal Actions===		===136.8.8.2 Documentation of Legal Actions===
	The agency shall provide to the MoDOT ~~Central Office ROW~~ proper documentation for not filing exceptions to commissioners award, justification to dispose of a condemnation case by settlement, or a trial report in the case of jury trial. This documentation is to be furnished to MoDOT Regional Counsel for review and approval action. District Counsel shall contact the appropriate representative of the LPA for corrective action if necessary.		The agency shall provide to the MoDOT COROW proper documentation for not filing exceptions to commissioners award, justification to dispose of a condemnation case by settlement, or a trial report in the case of jury trial. This documentation is to be furnished to MoDOT Regional Counsel for review and approval action. District Counsel shall contact the appropriate representative of the LPA for corrective action if necessary.

	===136.8.8.3 Use of a Fee Attorney or Special Counsel===		===136.8.8.3 Use of a Fee Attorney or Special Counsel===
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	* The fee is not on a percentage basis.		* The fee is not on a percentage basis.

	Contact ~~the~~ MoDOT ~~Central Office ROW~~ when the LPA anticipates using outside counsels.		Contact MoDOT COROW when the LPA anticipates using outside counsels.

	===136.8.8.4 Federal Participation in Costs of Staff Attorneys===		===136.8.8.4 Federal Participation in Costs of Staff Attorneys===
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	The Uniform Act and Federal Highway Administration regulations prescribe certain benefits and protections for persons displaced by projects which are funded, at least in part, with federal money. The provisions of the Uniform Act concerning relocation are found in 49 CFR, Part 23, Titles I, II, III. As stated in the law, the purpose of the Uniform Act is to assure fair and equitable treatment of displaced persons so that such displaced persons do not suffer disproportionate injury from projects designed to benefit the public as a whole.		The Uniform Act and Federal Highway Administration regulations prescribe certain benefits and protections for persons displaced by projects which are funded, at least in part, with federal money. The provisions of the Uniform Act concerning relocation are found in 49 CFR, Part 23, Titles I, II, III. As stated in the law, the purpose of the Uniform Act is to assure fair and equitable treatment of displaced persons so that such displaced persons do not suffer disproportionate injury from projects designed to benefit the public as a whole.

	Relocation requirements are lengthy and detailed; therefore, whenever the LPA anticipates that displacements will occur, MoDOT ~~Central Office ROW~~ should be contacted for assistance in conducting its relocation program. For more information, refer to [[236.8 Relocation Assistance Program\|EPG 236.8 Relocation Assistance Program]].		Relocation requirements are lengthy and detailed; therefore, whenever the LPA anticipates that displacements will occur, MoDOT COROW should be contacted for assistance in conducting its relocation program. For more information, refer to [[236.8 Relocation Assistance Program\|EPG 236.8 Relocation Assistance Program]].

	==136.8.10 ROW Clearance Certification ~~Statement~~==		==136.8.10 ROW Clearance Certification==
	===136.8.10.1 General===		===136.8.10.1 General===
	Prior to authorization to advertise the physical construction for bids, the Local Public Agency (LPA) shall submit a [https://epg.modot.org/forms/LPA/DE/136.8%20Local%20Public%20Agency%20Land%20Acquisition/136.8.8%20Clearance%20Certification%20Statement.docx ROW Clearance Certification Statement (Form 136.8.8)] to MoDOT Central Office ROW.		Prior to authorization to advertise the physical construction for bids, the Local Public Agency (LPA) shall submit a [https://epg.modot.org/forms/LPA/DE/136.8%20Local%20Public%20Agency%20Land%20Acquisition/136.8.8%20Clearance%20Certification%20Statement.docx ROW Clearance Certification Statement (Form 136.8.8)] to MoDOT Central Office ROW.

← Older revision		Revision as of 08:15, 9 October 2026
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	ROW acquisition by public entities is governed by [https://revisor.mo.gov/main/OneChapter.aspx?chapter=523&constit= 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.		ROW acquisition by public entities is governed by [https://revisor.mo.gov/main/OneChapter.aspx?chapter=523&constit= 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.

	ROW 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 MoDOT ~~Central Office ROW~~ in order to receive approval to begin ROW and easement acquisition. Every effort should be made to ensure the ROW 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 ROW expense, the approval to begin the acquisition must still be obtained.		ROW 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 MoDOT COROW in order to receive approval to begin ROW and easement acquisition. Every effort should be made to ensure the ROW 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 ROW expense, the approval to begin the acquisition must still be obtained.

	Federal funds participation in eligible ROW costs may become necessary after acquisition has begun. If acquisition activities have followed minimum requirements, approval for the federal participation can be expedited. The federal requirements reflect the appropriate acquisition activities for any land or property rights acquisition.		Federal funds participation in eligible ROW costs may become necessary after acquisition has begun. If acquisition activities have followed minimum requirements, approval for the federal participation can be expedited. The federal requirements reflect the appropriate acquisition activities for any land or property rights acquisition.
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	* [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx ROW Acquisition Schedule (Form 136.8.2.2)] – see [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Scehdule%20Instructions%20Form%20136.8.2.2.A.docx ROW Acquisition Schedule Instructions (Form 136.8.2.2.A)].		* [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Schedule%20Form%20136.8.2.2.docx ROW Acquisition Schedule (Form 136.8.2.2)] – see [https://epg.modot.org/forms/RW/LPA%20Links/Right%20of%20Way%20Acquisition%20Scehdule%20Instructions%20Form%20136.8.2.2.A.docx ROW Acquisition Schedule Instructions (Form 136.8.2.2.A)].

	The A-Date Request Form 136.8.1 should be completed by the LPA and submitted to the MoDOT ~~Central Office ROW~~. Assistance in filling out this form is available from MoDOT ~~Central Office ROW~~.		The A-Date Request Form 136.8.1 should be completed by the LPA and submitted to the MoDOT COROW. Assistance in filling out this form is available from MoDOT COROW.

	If federal funds will participate in any part of the project (ROW or construction) ROW may not be acquired until the Federal Highway Administration (FHWA) has approved the environmental document, and Section 106 (Historic and archeological considerations) has been completed, as per [LPA:136.6_Environmental_and_Cultural_Requirements#136.6.2_National_Environmental_Policy_Act_(NEPA)_Classification EPG 136.6.2 National Environmental Policy Act (NEPA) Classification]. Failure to accomplish all environmental documentation prior to acquisition of ROW might jeopardize federal funds participation in the entire project.		If federal funds will participate in any part of the project (ROW or construction) ROW may not be acquired until the Federal Highway Administration (FHWA) has approved the environmental document, and Section 106 (Historic and archeological considerations) has been completed, as per [LPA:136.6_Environmental_and_Cultural_Requirements#136.6.2_National_Environmental_Policy_Act_(NEPA)_Classification EPG 136.6.2 National Environmental Policy Act (NEPA) Classification]. Failure to accomplish all environmental documentation prior to acquisition of ROW might jeopardize federal funds participation in the entire project.

	The acquiring agency is responsible for submitting evidence that environmental and cultural requirements have been addressed and approved. Verification of completion of these requirements is addressed through the MoDOT ~~Central Office ROW~~, Design by submitting copies of the CE 2 and Section 106 approvals attached to the A-Date Request Form, Request for Acquisition Authority will document the completion of all environmental clearances on projects with or without federal funds participation in the ROW phase.		The acquiring agency is responsible for submitting evidence that environmental and cultural requirements have been addressed and approved. Verification of completion of these requirements is addressed through the MoDOT COROW, Design by submitting copies of the CE 2 and Section 106 approvals attached to the A-Date Request Form, Request for Acquisition Authority will document the completion of all environmental clearances on projects with or without federal funds participation in the ROW phase.

	If fee services are necessary, use of a written contract is recommended. (Refer to [[#136.8.11_ROW_Services_Through_Contract\|EPG 136.8.11 ROW Services Through Contract]].) Fee appraisers utilized to prepare Value Finding or Standard Format Appraisals must be State Certified, either Residential or General, and be listed on MoDOT’s approved roster of fee appraisers. Non-certified individuals familiar with real estate values may be used to prepare Waiver Valuations on projects. Fee negotiators also have their own MoDOT approved roster from which to select qualified acquisition service contractors.		If fee services are necessary, use of a written contract is recommended. (Refer to [[#136.8.11_ROW_Services_Through_Contract\|EPG 136.8.11 ROW Services Through Contract]].) Fee appraisers utilized to prepare Value Finding or Standard Format Appraisals must be State Certified, either Residential or General, and be listed on MoDOT’s approved roster of fee appraisers. Non-certified individuals familiar with real estate values may be used to prepare Waiver Valuations on projects. Fee negotiators also have their own MoDOT approved roster from which to select qualified acquisition service contractors.
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	* credits by parcel or project		* credits by parcel or project
	* incidental expenses by parcel or project		* incidental expenses by parcel or project
	* cost of construction performed in mitigation of damages on a parcel basis if claimed as a ~~right of way~~ item. (Refer to [http://www.fhwa.dot.gov/realestate/lpaguide/app3.htm 23 CFR 710.203(a)(1)]).		* cost of construction performed in mitigation of damages on a parcel basis if claimed as a ROW item. (Refer to [http://www.fhwa.dot.gov/realestate/lpaguide/app3.htm 23 CFR 710.203(a)(1)]).

	===136.8.2.7 Inspection of Documents===		===136.8.2.7 Inspection of Documents===
	All documents relating to acquisition of the ROW 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 ROW costs.		All documents relating to acquisition of the ROW 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 ROW costs.

	ROW staff are required to enter the ROW Approval Letter, The ROW Acquisition Date Letter, the ROW Clearance ~~Letter~~, and any working ROW Documents into the [https://modotweb.modot.mo.gov/MoProjects/ MoProjects].		ROW staff are required to enter the ROW Approval Letter, The ROW Acquisition Date Letter, the ROW Clearance Certification Statement, and any working ROW Documents into the [https://modotweb.modot.mo.gov/MoProjects/ MoProjects].

	===136.8.2.8 Federal Project Number===		===136.8.2.8 Federal Project Number===
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	MoDOT will utilize Monitor Checklists ([https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx Form 136.8.20 for Project/Acquisition], [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Monitor%20Checklist%20Form%20136.8.4.docx Form 136.8.4 for Appraisal] and [https://epg.modot.org/forms/RW/LPA%20Links/Relocation%20Monitor%20Checklist%20Form%20136.8.22.docx Form 136.8.22 for Relocation Assistance]), to evaluate the various activities. For small projects all parcels may be monitored. For larger projects, a sample may be utilized.		MoDOT will utilize Monitor Checklists ([https://epg.modot.org/forms/RW/LPA%20Links/Project%20Acquisition%20Monitor%20Checklist%20Form%20136.8.20.docx Form 136.8.20 for Project/Acquisition], [https://epg.modot.org/forms/RW/LPA%20Links/Appraisal%20Monitor%20Checklist%20Form%20136.8.4.docx Form 136.8.4 for Appraisal] and [https://epg.modot.org/forms/RW/LPA%20Links/Relocation%20Monitor%20Checklist%20Form%20136.8.22.docx Form 136.8.22 for Relocation Assistance]), to evaluate the various activities. For small projects all parcels may be monitored. For larger projects, a sample may be utilized.

	The state's sole objective in this monitoring activity is to ensure that when federal funds are requested by the agency in any phase of the project, that acquisition activity will have fulfilled all the requirements for the agency to receive such funds. Agencies are therefore requested to consult with MoDOT ~~Central Office ROW~~, at any stage of the ROW function. MoDOT personnel can provide a technical resource and assure that ROW acquisition is in compliance with regulations. Early consultation can eliminate problems and facilitate delivery of federal funds.		The state's sole objective in this monitoring activity is to ensure that when federal funds are requested by the agency in any phase of the project, that acquisition activity will have fulfilled all the requirements for the agency to receive such funds. Agencies are therefore requested to consult with MoDOT COROW, at any stage of the ROW function. MoDOT personnel can provide a technical resource and assure that ROW acquisition is in compliance with regulations. Early consultation can eliminate problems and facilitate delivery of federal funds.

	==136.8.4 Retention and Access to Records==		==136.8.4 Retention and Access to Records==
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	'''NOTE''': LPAs are reminded that it is their responsibility to report payments to owners for real estate purchases to the Internal Revenue Service. Specific instructions on reporting requirements are found in the [[236.7_Negotiation#236.7.7_1099_Reporting_of_Acquisitions\|IRS instructions for 1099 Form]]. Certain penalties for not reporting may be encountered.		'''NOTE''': LPAs are reminded that it is their responsibility to report payments to owners for real estate purchases to the Internal Revenue Service. Specific instructions on reporting requirements are found in the [[236.7_Negotiation#236.7.7_1099_Reporting_of_Acquisitions\|IRS instructions for 1099 Form]]. Certain penalties for not reporting may be encountered.

	ROW staff are required to enter the ROW Approval Letter, The ROW Acquisition Date Letter, the ROW Clearance ~~Letter~~, and any working ROW Documents into [https://modotweb.modot.mo.gov/MoProjects/ MoProjects].		ROW staff are required to enter the ROW Approval Letter, The ROW Acquisition Date Letter, the ROW Clearance Certification Statement, and any working ROW Documents into [https://modotweb.modot.mo.gov/MoProjects/ MoProjects].

	==136.8.5 Plans and Title Information==		==136.8.5 Plans and Title Information==
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	Plans for a project must provide land or ROW adequate for the construction, operation and maintenance of the facility for the protection of both the project facility and the public.		Plans for a project must provide land or ROW adequate for the construction, operation and maintenance of the facility for the protection of both the project facility and the public.

	If the project is not for road purposes, plan requirements may be different, as imposed by agencies other than the Federal Highway Administration. Check with MoDOT’s ~~Central Office ROW~~ for the plan requirements of those jobs.		If the project is not for road purposes, plan requirements may be different, as imposed by agencies other than the Federal Highway Administration. Check with MoDOT’s COROW for the plan requirements of those jobs.

	ROW plans are a supporting document for any progress or final claim for federal reimbursement of expenditures made for ROW when federal funds have been authorized in the right of way acquisition. Elements required on the plans for ROW purposes are indicated on the [https://epg.modot.org/forms/general_files/LPA/Plan%20Review%20Checklist%20Form%20136.8.18.docx ROW Plan Review Checklist (Form 136.8.18)].		ROW plans are a supporting document for any progress or final claim for federal reimbursement of expenditures made for ROW when federal funds have been authorized in the right of way acquisition. Elements required on the plans for ROW purposes are indicated on the [https://epg.modot.org/forms/general_files/LPA/Plan%20Review%20Checklist%20Form%20136.8.18.docx ROW Plan Review Checklist (Form 136.8.18)].
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	'''A. Staff Appraiser'''		'''A. Staff Appraiser'''

	Staff Appraisers who will prepare Value Finding and Standard format appraisals must carry adequate qualifications to accomplish the appraisal assignment, and be approved by MoDOT ~~Central Office ROW~~.		Staff Appraisers who will prepare Value Finding and Standard format appraisals must carry adequate qualifications to accomplish the appraisal assignment, and be approved by MoDOT COROW.

	MoDOT and this article impose no requirement on the staff of LPAs. However, it is recommended that agencies subscribe to the MoDOT requirement for staff appraisers, which is:		MoDOT and this article impose no requirement on the staff of LPAs. However, it is recommended that agencies subscribe to the MoDOT requirement for staff appraisers, which is:
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	======136.8.6.3.1.20D.8 Historic and Archaeological Considerations======		======136.8.6.3.1.20D.8 Historic and Archaeological Considerations======
	Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to MoDOT ~~Central Office ROW~~ for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.		Normally, properties with historic or archaeological significance will have been identified in the project design phase. If in the course of inspection or research the appraiser becomes aware of new facts indicating that a subject may be a historically or archaeologically significant site these facts should be reported to MoDOT COROW for communication to other divisions with responsibility for dealing with them. Archaeological sites will likely be explored and artifacts removed before any effects by the project, and will normally not be considered in any appraisal of the property. Once a determination has been made to acquire a historic building for a project, it should be dealt with as a typical appraisal problem by taking into account all factors that affect value. Historic characteristics of a building may have positive, negative or no impact on value depending primarily upon market reaction to laws regulating the building's use and maintenance, and should be dealt with as part of the appraisal problem.

	======136.8.6.3.1.20D.9 Manufactured Homes======		======136.8.6.3.1.20D.9 Manufactured Homes======