Strategies to Optimize Real Property Acquisition, Relocation Assistance, and Property Management Practices

Abstract

Inefficiencies in the process to acquire and manage real property have a significant impact on the ability of transportation agencies to develop and deliver transportation projects effectively. Acquisition of real property is frequently on the critical path of transportation projects. Delays in acquiring real property are one of the main reasons (along with environmental reviews and utility relocations) for project delays and cost overruns. Current right-of-way practice and procedural manuals are the products of forty years of statutes, case law, regulations, management styles, and best practices, brought into compliance with the requirements in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). State procedures vary widely because of differences in state laws. Local agencies are required to follow state DOT procedural manuals when they use state or federal funding. Questions arise as new staff try to understand the reason or underlying basis for requirements. Contractors and consultants face a wide array of requirements and forms among the various states. This report provides (a) improved, integrated real property procedures and business practices in the project development and delivery process; and (b) suggestions to improve property management practices. An online survey, follow-up interviews, and a peer exchange meeting were used to determine which business practices are critical to the mission of the project development and delivery process and real property management. The research compared a typical right-of-way business model currently in compliance with the Uniform Act and federal regulations with an improved model based upon an objective analysis of its key elements. The research produced (a) an integrated model of the transportation project development and delivery process, including a real property acquisition and relocation assistance model in accordance with 42 U.S.C. 4601 et seq.; (b) a reference real property acquisition and relocation assistance work schedule; and (c) a discussion of issues and challenges affecting project development and delivery that typically involve real property components, as well as strategies to address those issues and challenges. Standalone versions of the integrated model and reference work schedule were also developed and are included with this report on an attached CD-ROM (CRP-CD 154) or on the Transportation Research Board’s website.