This Report provides a summary of the process to acquire right-of-way or easements necessary for Town projects from property owners.  Although this report is specific to the 12^th Street Improvements Project, the process is the same for all VDOT funded projects.  A status of the easement acquisition for the 12^th Street Improvements Project is also included.

Complaints from residents along 12^th Street regarding both drainage and the condition of the road prompted the Town to have our consultant (AMT) study the area to determine the issues and potential solutions.  The study was presented to the Town Council in January, 2015, and the decision was made to seek funding to implement not only drainage improvements but to also install a missing pedestrian link.   The Town successfully applied to VDOT for Revenue Sharing Funds in 2017, and funds were allocated for FY2019 and 2020.   After the Request for Proposal process, the Town contracted with Clark Nexsen to complete the design.  The contract includes right-of-way negotiation services for the 32 parcels that would require right-of-way, or temporary/permanent easements.  The term right-of-way (ROW) acquisition is used for all of these types of acquisitions.   This process is guided by VDOT’s “A Guide for Property Owners and Tenants” publication (Attachment #1), and is provided to each property owner.  Each parcel has a plat showing the proposed easement, a title report, and a Basic Appraisal Report (BAR) or a full Appraisal (AA) (if the ROW value is >$10,000).  The BAR or AA shows the value of the easement(s) based on a percentage of fair market value and  compensates for lost improvements such as landscaping (easements are not a purchase of the property).   Next, each property owner is sent an initial offer letter, which includes a copy of the BAR explaining the basis of the just compensation amount.   The property owner may accept or reject the offer.  The Town often will negotiate with the owner to come to a reasonable agreement associated with the easement request.  As an agent of the Town, the consultant conducts most of the negotiations, with input as needed from Town staff.  The consultant keeps a detailed log of all contact with the property owners; an example of one of the logs is in Attachment #2.  Note that this example log is just five pages but some logs have as many as 36 pages.   The final negotiated compensation must be justifiable to VDOT.   The property owners may request to meet with Town staff directly, a request we always accommodate.     Once an agreement is reached, the Deed is signed by the property owner, presented to the Town Council for approval, and then signed by the Town (Mayor) if approved.  The Deed & Plat are recorded, and the compensation payment is made to the property owner. 

Attachment #3 shows the current status of the right-of-way acquisitions for the parcels needed for the 12^th Street Improvements project.  Four (4) parcels remain and are currently under negotiation.