User:Hoskir/Revision Request 4230
copy 236.13.12 Plan Submittal and Filing
236.19 Dedication of Thoroughfares
236.19.1 Purpose The purpose of this guidance is to establish statewide consistency in evaluating and processing requests for the dedication of right of way (ROW) to the Missouri Highways and Transportation Commission (Commission). Dedications typically arise from local governments or private developers and historically have not been routinely accepted by MoDOT. Recent operational, legal, Americans with Disabilities Act and risk management issues demonstrate the need for clear procedures. 236.19.2 Policy A. Definition & Applicability A dedication is a voluntary transfer of private property to a public entity, typically used for streets, sidewalks, drainage, utilities, parks, and other infrastructure supporting development. State agencies are normally exempt from municipal zoning, building codes, and dedications, but districts may consider accepting ROW dedications when a transportation need exists and the dedication benefits the state system. B. Conditions for Acceptance MoDOT may accept dedicated right of way only when all the following requirements are met: 1. Fee Simple Ownership The land must be conveyed in fee simple, free of: • environmental concerns • easements or encumbrances that impair MoDOT use or ownership 2. Demonstrated Need MoDOT must determine that the development creates a need for public infrastructure improvements on the state system (e.g., roadway width, sidewalk continuity, drainage functionality, access management). 3. Proportionality and Legal Justification The dedication must be reasonably attributable to the development. Dedications not meeting proportionality may be considered unconstitutional exactions. C. Risk Management MoDOT shall evaluate potential exposure before accepting any dedication, particularly where sidewalks, drainage ditches, or other facilities transfer liability to the Commission. Examples include unknown sidewalk dedications later associated with ADA ownership reviews or injury claims. These groups ensure legal sufficiency, alignment with statewide policy, and the proper entry of assets into the asset management system. 236.19.3 Procedure A. Submittal Requirements The party proposing the dedication shall provide: 1. Recorded plat or replat showing the dedication 2. Legal description and GWD conveying fee simple ownership free of encumbrances. 3. Documentation demonstrating the development created transportation need 4. Any applicable thoroughfare plan or planning documents 5. Any existing improvements on or adjacent to the property (e.g., sidewalks, utilities) B. District Review Steps 1. ROW initiates a review with the District Asset Management Committee. 2. District leadership evaluates whether the dedication supports current and future operational needs. 3. District compiles findings and forwards the package to COROW for statewide policy compliance. 4. CCO/RCO reviews legal sufficiency. C. Central Office ROW (COROW) Level 1. After the District is prepared to accept the dedication, the district will submit the request to COROW for review and concurrence. D. Acceptance & Recording by the District Once approved by COROW: 1. The dedication is accepted on behalf of the Commission. 2. Documents are recorded per statutory requirements. 3. The new right of way is added to MoDOT’s asset inventory and mapping systems 4. Dedications of any right of way, permanent easement or temporary easement must be accounted for in the database Right of Way Parcel Acquisition (RWPA). A value MUST be placed on these dedications by individual realty type. While a full-blown valuation is not required, documentation of the estimated value(s) must be placed in each parcel file for audit purposes. E. Communication Requirements following the dedication Internal District ROW notifies Traffic, Maintenance, COROW, Central Office Planning, and CCO/RCO of acceptance and provides documentation for system updates. External MoDOT supplies written confirmation to the submitting municipality or developer outlining acceptance, limits, and any conditions.