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California State Department of Transportation
Project Development Workflow Tasks (PDWT)
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PYPSCAN Milestone 265
Send Final Maps to Right of Way
(Click on highlighted Task to see detailed information.)
TASK D365 (265.A)
Send Final Right of Way Requirements to Right
of Way Engineering
Narrative
Subsequent to the original right of way requirements submittal, design
has progressed and right of way needs have been refined. Now final right
of way requirements (including permanent and temporary easements) should
be submitted to Right of Way Engineering.
Initiator
Sub-Tasks
- Review appraisal maps.
- Determine additional requirements.
- Prepare and submit final right of way requirements (including permanent
and temporary easements) to Right of Way Engineering.
- Request the Right of Way Branch to update the estimate.
Task Duration
References
TASK D366 (265.A)
Complete Appraisals on Final Right of Way Requirements
Narrative
Upon receipt of the final right of way requirements, Right of Way Engineering
prepares updated appraisal maps to reflect additional or modified parcels.
Initiator
Sub-Tasks
- If there are major changes to the original right of way requirements,
order a new field survey, title reports ,and additional record mapping.
- Prepare final appraisal maps.
- Review appraisal maps to ensure that all improvements are shown.
- Send final maps to the Project Engineer requesting a Certificate of
Sufficiency of the maps.
- Request Deputy District Director for Project Development to provide
a Certificate of Sufficiency for right of way and access control requirements
and for hazardous waste obligations. Appraisals cannot be completed without
the Certificate of Sufficiency.
- Complete appraisals.
Task Duration
References
TASK D367 (265.A)
Initiate Right of Way Acquisition Process
Narrative
After the right of way appraisal maps have been completed and appraisals
have been made, Right of Way should begin the acquisition process.
Initiator
Sub-Tasks
- Prepare legal descriptions for acquisition documents.
- Make the offer.
- Negotiate with the owner.
- Prepare right of way contract.
- Purchase the property.
- Right of Way contracts that include construction contract work are
sent to the Project Engineer.
Task Duration
References
- Right of Way Manual
- Task D366
TASK D368 (265.A)
Initiate Relocation Assistance Program
Narrative
Relocation assistance needs were previously identified and a draft (Right
of Way) Relocation Impact Study was included in the Draft environmental
document and for discussion at the public hearing. The Relocation Impact
Study was completed at the Project Approval Phase. Now the Relocation Assistance
Plan should be implemented.
Initiator
Sub-Tasks
- Review the final R/W Relocation Impact Study and the Final environmental
document.
- Identify commitments, mitigation, etc. included in the documents.
- Update the Relocation Assistance Plan.
- Initiate the Relocation Assistance Program.
Task Duration
References
- Right of Way Manual
- Task P190
TASK D369 (265.A)
Prepare Plan for Removal of Improvements
Narrative
A plan and schedule should be developed for removal of improvements
from the right of way. Some improvements will be sold and relocated by
the new owners, but most will require demolition. Foundations and other
miscellaneous improvements must be removed.
If improvements are not removed before construction starts, the highway
contractor will be required to work around them for a specific time or
the removal may be included in the construction contract.
Initiator
Sub-Tasks
- Identify improvements requiring removal.
- Develop a schedule for removal of improvements.
- Identify those properties that have been acquired.
- Identify properties that may require a Right of Entry or a court order.
- Identify State-owned properties that are rented.
- Prepare a plan for removal of improvements that will provide clearance
in accordance with the project schedule.
Task Duration
References
- Right of Way Manual
- Task D368
TASK D370 (265.A)
Obtain Right of Entry Agreement or Order of Possession
Narrative
A Right of Entry Agreement provides access to property owned by others
for surveys, material studies, environmental studies, hazardous waste investigations,
or for right of way clearance. An Order for Possession may be needed to
proceed with right of way clearance on properties for which the owner will
not grant a Right of Entry.
Initiator
Sub-Tasks
- Determine which properties have improvements requiring clearance.
- Determine which properties require a Right of Entry Agreement or a
court order to obtain possession.
- Request a Right of Entry Agreement from the owners to gain access to
the property.
- Obtain a court Order for Possession for parcels whose owners will not
grant a Right of Entry Agreement.
Task Duration
References
- Right of Way Manual
- Task D369
TASK D371 (265.A)
Send 90-Day Notices to Vacate
Narrative
Individuals, businesses, and personal property must be relocated or
removed by the Right of Way Certification date. To accomplish this, a 90-Day
Notice to Vacate is sent to occupants still residing within the project
right of way.
Initiator
Sub-Tasks
- Review the Relocation Assistance Plan and the plan for removal of improvements.
- Identify relocation needs.
- Develop a schedule for relocation.
- Send 90-Day Notices to Vacate that conform with the project schedule.
Task Duration
References
- Right of Way Manual
- Task D369
TASK D372 (265.A)
Initiate Demolition and Sale of Improvements
Narrative
After properties have been vacated, the demolition and sale of improvements
may be initiated.
Initiator
Sub-Tasks
- Review the plan for removal of improvements.
- Arrange for the sale of improvements, if applicable.
- Process Demolition Contracts for removal of improvements that are not
sold.
- Inspect the demolition of improvements or arrange for the Construction
Unit to perform the inspection.
Task Duration
References
TASK D373 (265.B)
Initiate CTC Resolution of Necessity Procedures
Narrative
If negotiations with a property owner have been unsuccessful, the owner
should be notified that a Resolution of Necessity will be requested from
the CTC to acquire the property by eminent domain. The property owner may
request an appearance before the CTC to contest the necessity for the project,
the design of the project, or the need for the property. The amount of
compensation for the property is not an issue for the CTC.
Initiator
Sub-Tasks
- Prepare Resolution of Necessity maps and legal descriptions.Arrange
for the sale of improvements, if applicable.
- Prepare the Resolution of Necessity package.
- If a property owner requests an appearance before the CTC, arrange
for District Director and Deputy District Director - Right of Way to conduct
a first-level review.
- If agreement is not reached with the property owner and they do not
withdraw request, prepare a draft Appearance Information Sheet (AIS).
- Notify OPPD and Division of Right of Way of situation by sending draft
AIS.
- Chief OPPD refers to Condemnation Review Panel (CRP), refers back to
District, or forwards to CTC for action.
- CRP conducts a second-level review and OPPD prepares the final draft
of the AIS, if required.
Task Duration
References
TASK D374 (265.B)
Request Approval of Resolution of Necessity by
CTC
Narrative
Where necessary, Caltrans will initiate the eminent domain process by
requesting the CTC to approve a Resolution of Necessity.
Initiator
Sub-Tasks
- Forward the Resolution of Necessity to the CTC for action.
- If the property owner has requested an appearance, OPPD makes a presentation
to the CTC.
- The CTC approves or denies the Resolution of Necessity, as appropriate.
Task Duration
References
TASK D375 (265.B)
Obtain Order for Possession
Narrative
After the CTC has approved the Resolution of Necessity, Caltrans will
file an eminent domain action and obtain an Order for Possession.
Initiator
Sub-Tasks
- File eminent domain action.
- Obtain Order for Possession from the court, which shall include:
- 90-Day Notice for occupied property
- 30-Day Notice for nonoccupied property
Task Duration
References
TASK D376 (265.C)
Calculate Quantities for Right of Way Construction
Contract Work
Narrative
Construction contractual obligations are identified during the appraisal
and acquisition stages. The cost of such items as road approaches, fencing,
gates, etc. are calculated by the Project Engineer. These items are included
in the construction contract.
Initiator
Sub-Tasks
- Review right of way contracts and identify the construction contract
work.
- Calculate right of way contract items.
- Update Basic Engineering Estimating System, as appropriate.
Task Duration
References
TASK D377 (265.D)
Obtain Railroad Clearance Letter
Narrative
Before a construction project is advertised, it is necessary to certify
that railroad right of way issues have been resolved.
Initiator
Sub-Tasks
- Where appropriate, request a railroad clearance letter from the Division
of Structures.
Task Duration
References
TASK D378 (265.D)
Request Right of Way Certification
Narrative
Right of way certification is required before the project can be advertised.
Initiator
Sub-Tasks
- Request right of way certification from the Right of Way Branch.
- Right of Way Branch prepares the certification and submits it to the
Project Engineer.
Task Duration
References
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This web site last modified August 11, 1997.