User:Hoskir/Revision Request 4235

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copy 236.13.12 Plan Submittal and Filing

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236.13.12 Plan Submittal and Filing

A complete set of right of way plans includes a title sheet, typical section sheet(s), finished plan sheet(s), and any additional sheets needed to fully define and detail the required right of way, including easements, for the improvement. These plans must show the project’s outermost termini in stations. The limits of right of way acquisition, also shown in stations, must fall within the project’s beginning and ending termini. No design work should occur on new right of way outside the project termini. The District Engineer, as designated by the Chief Engineer (see Commission action of November 5,1993), or Assistant District Engineer (see Commission Policy - Execution of Documents Effective November 2, 2018) is responsible for approving the right of way plans. Approval of right of way plans is indicated by the District Engineer's signature and seal on the title sheet. The District Engineer's signature and seal are only required on the title sheet. When a consultant designs the plans, the title sheet is signed and sealed by a representative of the firm and the District Engineer. Right of way plans are only considered approved once the District Engineer signs and seals the title sheet.

Approved right of way plans are submitted to the Design Division by email that includes the letter of approval signed by the District Engineer. The email must contain the plans attached as Adobe Acrobat files (pdf.'s) or indicate the location of the electronic plans.

Details of the process to save files in electronic format are available. The electronic use and storage of right of way plans documents the history of acquisition and allows staff to access approved plans as needed.

Additionally, the specific role of the Transportation Project Manager in obtaining authority to acquire right of way on a project is found in EPG 236.3.4 Right of Way Acquisition Authority and Project Funding.

The project manager should also ensure that the easement needs of utilities affected by the proposed improvement have been addressed prior to submission of the approved right of way plans to the Design Division (see EPG 643.2.1.5 Right of Way).

Additionally, the project manager is responsible for providing the results of the DGN Merger tool to the district’s Right of Way Manager. The DGN Merger tool should be run on the approved right of way plans and will provide the Right of Way Section polygons defining the shape of the right of way parcels to be purchased. Along with the file containing the polygons, the appropriate scale factor will also be provided. If any changes to the right of way plans occur after the tool’s information is provided to the Right of Way Manager, the project manager is responsible for having the DGN Merger tool run against the modified right of way plans and will provide the resulting file to the District Right of Way Manager. More information can be found at How to use the DGN Merger Tool.

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copy 236.13.13.2 Right of Way Obtained by Condemnation

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236.13.13.2 Right of Way Obtained by Condemnation

Why is Commission Certification Required for Condemnation?

The authority to exercise the power of eminent domain is inherent in the sovereign and no constitutional grant is necessary to its exercise. This right has been delegated by the Constitution and statues of the State to agencies of the State, such as municipalities, counties, Conservation Commission, Highways and Transportation Commission, State Park Board, colleges and universities, Board of Public Buildings, and to certain so-called public service corporations, such as railroads, water companies, power companies, telephone and telegraph companies, and pipeline companies.

When an agency of the State or a corporation seeks to exercise the power of eminent domain it must be able to show its authority to do so. The use to be made of the property must be a public one, and the purpose must be within the scope of authority or power of the condemnor.

When MoDOT is required to condemn property to construct a transportation improvement, it must prove to the Court that the plans that describe the property to be acquired have been “approved” by the Commission. This approval achieves two things. First, it proves the plans are for a project adopted by the Commission. Secondly, since the Commission is responsible for the operation of MoDOT as established in the Missouri Constitution, only it has the necessary legal authority to acquire property. This approval shows the Court that MoDOT is acting on behalf of the Commission.

When condemnation is necessary to acquire right of way for a project, approval and certification of the plans by the commission (refer to the box to right) is required. To obtain approval and certification, the district shall prepare and email the certification document, with a cover letter, and the final and approved right of way plans attached as Adobe Acrobat files (pdf.'s) or a note indicating the location of the electronic plans to the Design Division via rwcert@modot.mo.gov. A sample cover letter is available together with a sample certification document. The project description in both the cover letter and the certification document must show the project’s outermost termini in stations. The limits of right of way acquisition, also shown in stations, must fall within the project’s beginning and ending termini. This includes the project’s outermost termini (including easements, borrow areas, and waste areas), which must be shown in stations and must match the description in the STIP. No design work should occur on new right of way outside the project termini.

The e-mail must indicate whether a commissioner has a potential conflict of interest (i.e., a commissioner owns property, or has a property interest, within one-mile of any part of the improvement) concerning the project. District right of way and the Chief Counsel's Office can provide information on potential conflict of interest areas. In the event a possible conflict does exist, the name of the commissioner, the location of the property (or property interest), and the direction and distance to the project will be required. If no conflict of interest exists, the e-mail will clearly state this information.

Upon receipt of the email including the electronic certification document, cover letter, conflict of interest information, and the final and approved right of way plans attached as Adobe Acrobat files (pdf.'s) or a note indicating the location of the electronic plans, the Design Division will request the project be added to the Commission’s Agenda for approval. Following the Commission’s approval of the plans, the Design Division will obtain certification by the Commission's Secretary. The Commission's approval of the plans, the Commission Secretary's signature and seal on the certification document, and its attachment to the right of way plans, constitutes certified right of way plans. The certification shall be stored with the electronic plans.

A set of approved right of way plans must be filed with the clerk(s) of all counties and cities through which the proposed improvement will pass, prior to advertising the project for bids. In addition, when right of way is obtained by condemnation, the certified right of way plans must be filed with the circuit clerk(s) in the counties where the condemnation petition will be filed. Filing the certified right of way plans with the circuit clerk(s) must be coordinated with the chief counsel’s office who typically files the certified right of way plans at the same time the condemnation petition is filed.