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Jan 12

Acquisition TIP #4

By Knowledge Base

Right of Way Acquisition TIP #4: Land Research and Title

The Nov/Dec edition of the Right of Way magazine (pg. 22) features an intriguing article authored by Rob Scimeme. He details the initial land research and title work needed for utility projects. Suffice it to say that his words of wisdom don’t only apply to linear projects; there are critical points to be highlighted for any project that is determining right of way acquisition requirements. 

Conduct a project walk down for the initial route and involve team members from engineering and survey firms, construction groups, and stakeholders. During the walk down, gather pertinent data, assess field conditions, and determine needs for property rights.

Create a line list of the affected properties and research public land records; capture boundary lines, identify potential environmental effects, utility easements, crossings, and historical land records. Take into account considerations for conflicts and develop alternative approaches.

Ascertain current ownership types and land use. Ensure the proper party is engaged to acquire the needed rights, help identify unique property characteristics, estimate acquisition timing, and provide feedback to determine an appropriate design and acquisition approach. 

Upon completing these initial steps, it’s time for extensive title research. Use a reputable company familiar with your project type and has access to a title plant. They will conduct the examination and issue a report containing the search results, including the legal ownership and the property’s legal description. It also reveals clouds on the title, such as restrictions and encumbrances, that potentially impact the title’s transfer. 

Conducting these practices is imperative to expose existing issues early on and help avoid costly surprises. 

Contact the experts at Meridian Engineering and allow us to help you deploy your strategic initiative.

-authored by,

Tammy Evans, MRP, SR/WA
Acquisition Manager

Meridian Engineering

tevans@meiamerica.com

 

Dec 21

Acquisition TIP #3

By Knowledge Base

Right of Way Acquisition TIP #3: Complexities of Relocations for Projects with Federal Funding Participation

Wherever a transportation project is anticipated to acquire real-property rights for federally funded or federal-assisted programs or projects, it’s mandatory that proper relocation planning, advisory, and coordination preparations are performed consistent with federal regulations CFR title 49 part 24.205. At the early stages of project development, and where appropriate, any action by an Agency causing displacement should be scope according to the complexity and nature of the activity and bring forth resources needed to carry out timely and orderly relocation services.

Relocation planning shall be done in such a manner that recognizes the problems associated with the displacement of individuals, families, businesses, farms, and non-profit organizations. It shall develop solutions to minimize the adverse impacts of displacement.

Contact Tammy Evans, Meridian Engineering, Inc. for a free half-hour consultation. With over 10-years of relocation planning and experience, she can assist you with pre-requisite planning and provide the supportive resources needed to meet your program’s goals.

-authored by,

Tammy Evans, MRP, SR/WA
Acquisition Manager

Meridian Engineering

tevans@meiamerica.com

 

Dec 02

Acquisition TIP #2

By Knowledge Base

 

Acquisition TIP #2: Upholding and Maintaining Public Confidence

Many local agencies have adopted their own set of processes for smaller projects that works in many ways. Although this practice benefits the project budget and schedule, it doesn’t necessarily protect property owners’ lawful right for uniform and equitable treatment while maintaining confidence in managing public funds.

A May 2021 Pew Research Center Study on Public Trust in Government: 1958-2021 found that America’s trust in government began to wane in the 1960s and remains low today. Approximately one-quarter of Americans say they can trust the government “just about always” (2%) or “most of the time” (22%). Since 2007, these figures have not surpassed 30%.

Keeping Utah on the Right Track.

Considering the sensitivity surrounding the compulsory sale of private property rights is significant in fostering trust within the community and creating a positive outlook and roadmap to project completion. The solution is hiring quality personnel with the proper knowledge of Right of Way Acquisition standards as it pertains to the consistency in applying state and federal code and, in addition, understanding the fundamental mediating factors required to manage and create trust. A single property owner’s dissatisfaction regarding the project can negatively influence the surrounding owners’ perception of fair and equitable treatment. It reverberates itself into added costs and delays in meditation and settlement efforts, resulting in significant delays and feeding into public distrust.

Ensure your agency contracts with a firm with a strong reputation of high ethical standards of conduct, honesty, integrity, and quality of work. Bestowing respect is vital in maintaining good public relations, and a qualified real estate professional with compassion and expertise in eminent domain law will ensure relationship growth and endurance with the community and each property owner.

-authored by,

Tammy Evans, MRP, SR/WA
Acquisition Manager

Meridian Engineering

 

 

 

Nov 17

Acquisition TIP #1

By Knowledge Base

Acquisition:

Here is our first Acquisition TIP #1: Dealing with difficult Property Owners

According to Maslow’s Theory of the Hierarchy of Human Needs, the second tier above the biological need for basic survival – food, water, shelter – is the need to feel safe and secure. If individuals believe they are being robbed of control, their sense of safety and security is compromised, thus manifesting itself in grievance actions innate to self-preservation.  

So what are some things you can do when dealing with a hostile or unpredictable property owner? Here are five strategies to help you promote a positive outcome:

1. Stay Calm: It’s normal to become defensive in situations when you’re feeling attacked; by staying calm and showing respect, you can better maintain control and steer the problem in a positive direction.

2. Apologize and Empathize: The quickest way to diffuse an escalating situation is to allow the person to have a voice. Acknowledge their grievances and be apologetic. This action goes a long way in reassuring individuals that their concerns are significant, thereby promoting a cooperative approach.

3. Listen Thoughtfully: Allow them to speak uninterrupted. It’s tempting to jump in with an immediate solution but save it for the end. Allowing the person to speak uninterrupted not only gives them a sense of taking back control, you will unwittingly develop a level of trust knowing they have your ear.

4. Problem Solve: After listening, write down all matters of concern and repeat back to them. Now that you understand the situation from the seller’s point of view, look for areas of compromise. In instances where it seems impossible to come to a resolution, ask them how they would like to see the problem fixed, then work towards arriving at a win-win solution.

5. More times than not, grievances are due to disagreements in value. Ask the seller to provide you with information supporting their point of view and take it to the agency for consideration. They could very well have valid information the appraiser may have missed, presenting itself in a fairer or more accurate determination value. Regardless of the outcome, if you can demonstrate that your efforts to be honest and equitable are in earnest, it will better support your endeavor to develop good faith negotiations. 

 

-authored by,

Tammy Evans, SR/WA
Acquisition Manager

Meridian Engineering

 

Stay tuned for TIP #2 …next week