Sufficient Property Rights for Federal-Aid Highway Construction

Chris WoodsOregon Division-FHWA

Oregon Division

• What Is A Sufficient Property Right?– Federal & State Laws– Federal Regulations

• Oregon’s ROW Certification Requirements

Oregon DivisionFHWA

Federal Law, Regulation, And State Law Refer To The Agency Acquiring Real Property For Highway Projects

• 42 USC 4651-The Uniform Act

• 23 USC 101- Highways

• 49 CFR Part 24

• 23 CFR 710

• ORS 366.340

Oregon DivisionFHWA

23 CFR 710 Gives Some Clarity To Precisely What Property Rights Are Sufficient for Federal Aid Construction

• Access rights• Air Rights• Airspace• Easement• Right-of-Way• Real Property

Oregon DivisionFHWA

Property Rights Acquired Must Be Sufficient To Construct, Operate and Maintain The Highway Facility

• 23 CFR 1.23

• Possessory Interest

Oregon DivisionFHWA

§ 1.23 Rights-of-way.(a) Interest to be acquired. The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation and maintenance of a project.(b) Use for highway purposes. Except as provided under paragraph (c) of this section, all real property, including air space, within the right-of-way boundaries of a project shall be devoted exclusively to public highway purposes. No project shall be accepted as complete until this requirement has been satisfied….

Oregon DivisionFHWA

Partial Text Of 23 CFR 1.23:

A Possessory*Interest In The Real Property Required To Construct, Operate, and Maintain the Highway Facility Is Required

• Fee Simple

• Permanent Easements

• Temporary Easements

• Less than Fee Interests

Oregon DivisionFHWA

ODOT Certifies To The Division That The Project Has All Real Property Rights Needed For The Project

• Certification 1• Certification 2• Certification 3

Oregon DivisionFHWA

ODOT Certification Form Contains All The required Statements Under 23 CFR 635• Relocation• ROW Encumbrances• Disposition of

Improvements• Railroads• Utilities

Oregon DivisionFHWA

Statements Regarding Relocation Of Property And People• The Number and Nature of the Relocations• Status of Relocations

Oregon DivisionFHWA

Statements Regarding Encumbrances & Improvements• The Nature and Resolution to Encumbrance

Oregon DivisionFHWA

Statements Regarding Railroads & Utilities

Oregon DivisionFHWA

Required Information Regarding Cert 2s

Oregon DivisionFHWA

Required Information Regarding Cert 3s

Oregon DivisionFHWA

Re-certification of Cert 2s and 3s

Oregon DivisionFHWA

Oregon DivisionFHWA

Any Questions?

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