In recent years the project development process has become more complex and costly, with increasing emphasis on social, economic, and environmental concerns. This has encouraged state transportation agencies to search for methods to make the process more efficient and effective. The right-of-way function is an important element in project development. This synthesis examines the delivery of right-of-way and property interests for project construction and mitigation activities and reports on successful strategies employed by agencies to accelerate this process. The primary source for this report is a detailed survey mailed to right-of-way managers of transportation agencies in all 50 states, Puerto Rico, and the District of Columbia. Thirty-six agencies responded to the survey. Important supporting information resulted from a literature review. In addition, right-of-way managers in five states (California, Florida, Iowa, Utah, and Washington) provided detailed information in structured interviews about innovative and successful approaches that their agencies have implemented to advance the delivery of right-of-way. The synthesis reports that many states are structuring the project development process to include earlier effective participation of all preconstruction functions, including right-of-way. The framework for accomplishing this takes various forms, but usually includes use of project development teams. Such teams affirm that project development is an interrelated set of professional disciplines that must work as one system. The component functions can be optimally effective if they act collaboratively and in parallel, rather than independently and sequentially. The functions of planning, environment, design, law, and right-of-way should be positioned and tasked in relation to each other in a way that best advances common goals and the mission of the agency. Survey respondents (right-of-way managers) identified several factors that contribute to success in expediting delivery of right-of-way by participating in a systems approach to project development: • Include right-of-way in setting and revising project schedules. • Perform right-of-way activity as much as possible in parallel with other functions, rather than wait for a “hand-off” from an upstream function. • Delegate authority for project decisions to project personnel, rather than retaining authority at a more remote level. • Encourage a collaborative atmosphere, where actions that affect more than one discipline would receive full consideration from all affected parties. • Train in new project development roles and relationships that extend beyond their traditional core job competencies. Chapter 2 of this report presents an overview of the current state of the practice in right-of-way. This includes discussion of impediments to timely delivery. It also includes discussion of organisational structures in use that advance right-of-way delivery and operational practices that accelerate acquisition of real property. Chapter 3 presents an overview of the influence of laws, regulations, and agency policy on right-of-way delivery. Chapter 4 presents summaries of five states (California, Florida, Iowa, Utah, and Washington), relating their use of innovative property acquisition practices and effective organisational frame-works for project development. Right-of-way managers report effective use of streamlined and simplified property acquisition practices. This includes such methods as advancing full property acquisitions before delivery of detailed design plans or waiving appraisals on low value uncomplicated acquisitions. Streamlined operational practices are facilitated by recent supportive influences. For example, federal right-of-way regulatory controls have become more flexible over the past several years. This allows states to develop policies that address unique conditions and reduces the need for prior approvals and detailed documentation. On the state level, managers are encouraging risk management. This permits the use of practices that result in significant time and cost savings, or improved quality when applied within the bounds of applicable law and regulations. Some effective operational practices can only be implemented with the co-operation of other functions in the process. For instance, the use of abbreviated title searches or the waiver of releases from minor liens has been effective in several states. However, they can be used only with concurrence of the agency’s legal counsel. The collaboration that accompanies a systems approach to project development can secure the involvement of all stakeholders in improving the process in which there is shared responsibility. Survey respondents identified a wide range of barriers or obstacles to efficient right-of-way delivery. Many of these conditions are resolved or are mitigated in states that implement streamlined acquisition practices or innovative organisational structures for project development. Chapter 5 presents a number of conclusions. The most significant in terms of a respondent ranking of its potential beneficial effect for right-of-way delivery is the need for expanded training of right-of-way personnel. This includes training in core skills such as appraisal and relocation. It also includes training in expanded roles such as consultant contract administration, team participation, and project administration. (A) This report may be accessed by Internet users at http://gulliver.trb.org/publications/nchrp/nchrp_syn_292-a.pdf
Abstract