236.10 Right Of Way Condemnation - Revision history

Hoskir: updated broken links in forms section

2024-12-19T19:04:12Z

updated broken links in forms section

← Older revision		Revision as of 14:04, 19 December 2024
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	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]
	'''<u><center>Additional Information</center></u>'''		'''<u><center>Additional Information</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.~~docx~~ Business Relocation Brochure]		*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.pdf Business Relocation Brochure]
	*[[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations\|Eligibility Notice]]		*[[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations\|Eligibility Notice]]
	*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.~~docx~~ Residential Relocation Brochure]		*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.pdf Residential Relocation Brochure]
	</div>		</div>

Hoskir: /* 236.10.7.3 Alternative Location Proposals (RSMo 523.265) */ updated per RR3855

2024-03-26T17:09:39Z

236.10.7.3 Alternative Location Proposals (RSMo 523.265): updated per RR3855

← Older revision		Revision as of 12:09, 26 March 2024
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	===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===		===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===

	Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time.		Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time. Any deviation from this guidance will require approval from the Assistant to State Design Engineer – Right of Way.

	The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.		The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.

Hoskir: /* 236.10.7.3 Alternative Location Proposals (RSMo 523.265) */ updated per RR3835

2024-02-13T19:03:39Z

236.10.7.3 Alternative Location Proposals (RSMo 523.265): updated per RR3835

← Older revision		Revision as of 14:03, 13 February 2024
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	===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===		===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===

	~~With regard~~ to ~~property interests acquired by condemnation or negotiations~~, the ~~landowner may propose an alternative location for~~ the property ~~to be condemned to the condemning authority. The alternative location proposal is to be made in writing to the condemning authority, and is to be received~~ by the ~~condemning authority within thirty days~~ of ~~the landowner’s receipt of a~~ [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Written Notice of Alternative Location and Design Letter (Form 236.10.7.3B)~~] sent under Section 523.250. Further, the alternative location proposal~~ is ~~to be on~~ the ~~same parcel~~ of ~~the landowner’s property that the condemning authority seeks to condemn~~, ~~and~~ be ~~in such detail that~~ the ~~alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land~~.		Prior to Preliminary Plan Approval, the District Project Manager will provide the owner of record of such property impacted by the project with a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]), with a copy of the project plat/map/aerial by certified mail to the owner of record, in addition to any other parties to which a written offer will be made. (see [[236.10_Right_Of_Way_Condemnation#236.10.7.3_Alternative_Location_Proposals_.28RSMo_523.265.29\|EPG 236.10.7.3]]). The Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) is a separate letter than the 60-day Notice of Intended Acquisition ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Form 236.10.7.3A]), which will be sent by the ROW Manager at A-date approval time.

	The ~~condemning authority will consider all such~~ alternative location ~~proposals. A written statement containing~~ the ~~following~~ is ~~conclusive evidence that sufficient consideration was given~~ to ~~alternative location proposals~~. ~~Therefore~~, to be ~~found~~ to ~~have engaged~~ in ~~good-faith negotiations during condemnation proceedings,~~ the condemning authority ~~must provide a written statement~~ to ~~landowners who propose alternative locations~~. ~~The written statement '''must''' include the following:~~		The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a Written Notice of Alternative Location and Design Letter ([https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Form 236.10.7.3B]) sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.

			The condemning authority will consider all such alternative location proposals. A written statement containing the following is conclusive evidence that sufficient consideration was given to alternative location proposals. Therefore, to be found to have engaged in good-faith negotiations during condemnation proceedings, the condemning authority must provide a written statement to landowners who propose alternative locations. An example draft response with drafter’s notes can be found at this link [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Response%20to%20Written%20Notice%20of%20Alternative%20Location%20and%20Design_.docx Property Owner Response to Written Notice of Alternative Location and Design].

			The written statement '''must''' include the following:
	* that the alternative location has been considered, AND		* that the alternative location has been considered, AND
	* an explanation of why the alternative location was rejected or accepted.		* an explanation of why the alternative location was rejected or accepted.
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	MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.		MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.

	If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations. The law allows the property owner to submit an alternate location for the improvement project and requires MoDOT consider that alternative. Property owners have up to 30 days after they receive the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter].		If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations.

	District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.		District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.

	Since condemnation is uncertain at the time right of way plans are approved, MoDOT will provide the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter] and [[media:236.18.8_60_Day_Notice_Letter_for_LPAs.doc\|60 day Notice of Intent to Acquire Letter]] written statements to all property owners, or potential property owners, who submit alternate location proposals.

	MoDOT personnel are to respond within 10 days of receipt of an Alternative Location in the event a response from property owners is received. An example draft response with drafter’s notes can be found at this link [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Response%20to%20Written%20Notice%20of%20Alternative%20Location%20and%20Design_.docx Property Owner Response to Written Notice of Alternative Location and Design].

	The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.		The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.

Hoskir: removed link to 60 day notice per email from G. Wood

2023-11-06T18:15:05Z

removed link to 60 day notice per email from G. Wood

← Older revision		Revision as of 13:15, 6 November 2023
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	<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms</center></u>'''		'''<u><center>Forms</center></u>'''
	*[https://epgtest.modot.org/files/0/0b/236.18.8_60_Day_Notice_Letter_for_LPAs.doc 60 day Notice of Intent to Acquire Letter]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]

Hoskir: /* 236.10.7.3 Alternative Location Proposals (RSMo 523.265) */ updated per RR3771

2023-09-12T20:22:54Z

236.10.7.3 Alternative Location Proposals (RSMo 523.265): updated per RR3771

← Older revision		Revision as of 15:22, 12 September 2023
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	Since condemnation is uncertain at the time right of way plans are approved, MoDOT will provide the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter] and [[media:236.18.8_60_Day_Notice_Letter_for_LPAs.doc\|60 day Notice of Intent to Acquire Letter]] written statements to all property owners, or potential property owners, who submit alternate location proposals.		Since condemnation is uncertain at the time right of way plans are approved, MoDOT will provide the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter] and [[media:236.18.8_60_Day_Notice_Letter_for_LPAs.doc\|60 day Notice of Intent to Acquire Letter]] written statements to all property owners, or potential property owners, who submit alternate location proposals.

			MoDOT personnel are to respond within 10 days of receipt of an Alternative Location in the event a response from property owners is received. An example draft response with drafter’s notes can be found at this link [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Response%20to%20Written%20Notice%20of%20Alternative%20Location%20and%20Design_.docx Property Owner Response to Written Notice of Alternative Location and Design].

	The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.		The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.

Hoskir: updated per RR3770

2023-09-12T19:31:41Z

updated per RR3770

← Older revision		Revision as of 14:31, 12 September 2023
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	<div style="float: right; margin-right:0px; width:~~275px~~; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:300px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms</center></u>'''		'''<u><center>Forms</center></u>'''
			*[https://epgtest.modot.org/files/0/0b/236.18.8_60_Day_Notice_Letter_for_LPAs.doc 60 day Notice of Intent to Acquire Letter]
			*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]
	*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]]		*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]

Hoskir: updated forms area

2023-08-09T17:51:33Z

updated forms area

← Older revision		Revision as of 12:51, 9 August 2023
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	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]
	*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]]		*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]]
	*[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]
	'''<u><center>Additional Information</center></u>'''		'''<u><center>Additional Information</center></u>'''

Hoskir: updated forms area

2023-08-09T17:50:18Z

updated forms area

← Older revision		Revision as of 12:50, 9 August 2023
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	{\| style="padding:0.3em~~; margin-left:15px~~; border:1px solid #~~a9a9a9~~; text-align:~~center~~; ~~font-size: 95%; background:#f5f5f5" width="160px~~" ~~align="right"~~		<div style="float: right; margin-right:0px; width:275px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	\|-		'''<u><center>Forms</center></u>'''
	\|'''Forms'''		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]
	\|-		*[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]]
	\|[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Exhibit%2010.6.1.docx Exhibit 10.6.1]		*[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]
	\|[https://epg.modot.org/forms/DE/Public%20Involvement/Sample%20Letter%20Advertising%20a%20Public%20Hearing.docx Letter Advertising a Public Hearing]]		'''<u><center>Additional Information</center></u>'''
	\|-		*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.docx Business Relocation Brochure]
	\|[http://eprojects/Templates/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]		*[[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations\|Eligibility Notice]]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx Residential Relocation Brochure]
	\|[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]		</div>
	\|-
	\|'''Additional Information'''
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Business%20Relocation%20Brochure.docx Business Relocation Brochure]
	\|-
	\|[[236.8 Relocation Assistance Program#236.8.3.3 Eligibility Notice at Initiation of Negotiations\|Eligibility Notice]]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%208_Relocation/Residential%20Relocation%20Brochure.docx Residential Relocation Brochure]
	\|}

	==236.10.1 Introduction==		==236.10.1 Introduction==

Hoskir: /* 236.10.7.3 Alternative Location Proposals (RSMo 523.265) */ updated link to Alt Loc Design Letter

2023-06-06T13:33:55Z

236.10.7.3 Alternative Location Proposals (RSMo 523.265): updated link to Alt Loc Design Letter

← Older revision		Revision as of 08:33, 6 June 2023
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	===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===		===236.10.7.3 Alternative Location Proposals ([http://revisor.mo.gov/main/OneChapter.aspx?chapter=523 RSMo 523.265])===

	With regard to property interests acquired by condemnation or negotiations, the landowner may propose an alternative location for the property to be condemned to the condemning authority. The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a [https://epg.modot.org~~/public_html~~/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%~~20alternative~~%20Location%20and%20Design.docx Written Notice of Alternative Location and Design Letter (Form 236.10.7.3B)] sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.		With regard to property interests acquired by condemnation or negotiations, the landowner may propose an alternative location for the property to be condemned to the condemning authority. The alternative location proposal is to be made in writing to the condemning authority, and is to be received by the condemning authority within thirty days of the landowner’s receipt of a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Written Notice of Alternative Location and Design Letter (Form 236.10.7.3B)] sent under Section 523.250. Further, the alternative location proposal is to be on the same parcel of the landowner’s property that the condemning authority seeks to condemn, and be in such detail that the alternative location is clearly defined for the condemning authority. This section does not apply to acquisitions of an entire parcel of land.

	The condemning authority will consider all such alternative location proposals. A written statement containing the following is conclusive evidence that sufficient consideration was given to alternative location proposals. Therefore, to be found to have engaged in good-faith negotiations during condemnation proceedings, the condemning authority must provide a written statement to landowners who propose alternative locations. The written statement '''must''' include the following:		The condemning authority will consider all such alternative location proposals. A written statement containing the following is conclusive evidence that sufficient consideration was given to alternative location proposals. Therefore, to be found to have engaged in good-faith negotiations during condemnation proceedings, the condemning authority must provide a written statement to landowners who propose alternative locations. The written statement '''must''' include the following:
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	MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.		MoDOT's written response to alternate locations must be made to the affected landowner within two weeks (10 working days) after MoDOT receives the landowner's counter-proposal.

	If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations. The law allows the property owner to submit an alternate location for the improvement project and requires MoDOT consider that alternative. Property owners have up to 30 days after they receive the [https://epg.modot.org~~/public_html~~/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%~~20alternative~~%20Location%20and%20Design.docx Alternative Location and Design Letter].		If a parcel goes to condemnation, MoDOT must be able to prove that it has engaged in good-faith negotiations. The law allows the property owner to submit an alternate location for the improvement project and requires MoDOT consider that alternative. Property owners have up to 30 days after they receive the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter].

	District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.		District right of way staff will send the 60-day notice, Form 236.10.7.3A (04/04/2023), to all property owners once right of way plans have been approved.

	Since condemnation is uncertain at the time right of way plans are approved, MoDOT will provide the [https://epg.modot.org~~/public_html~~/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%~~20alternative~~%20Location%20and%20Design.docx Alternative Location and Design Letter] and [[media:236.18.8_60_Day_Notice_Letter_for_LPAs.doc\|60 day Notice of Intent to Acquire Letter]] written statements to all property owners, or potential property owners, who submit alternate location proposals.		Since condemnation is uncertain at the time right of way plans are approved, MoDOT will provide the [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20Alternative%20Location%20and%20Design.docx Alternative Location and Design Letter] and [[media:236.18.8_60_Day_Notice_Letter_for_LPAs.doc\|60 day Notice of Intent to Acquire Letter]] written statements to all property owners, or potential property owners, who submit alternate location proposals.

	The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.		The right of way manager must be provided with copies of any rejection and acceptance letters sent to property owners who submit an alternate location proposal. Copies of these letters will be placed in the parcel owners file and be used during the condemnation process to prove that MoDOT has engaged in good faith negotiations.

Hoskir: /* 236.10.7.4 Written Notice (RSMo 523.250) */ updated per RR3693

2023-06-05T17:48:46Z

236.10.7.4 Written Notice (RSMo 523.250): updated per RR3693

← Older revision		Revision as of 12:48, 5 June 2023
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	===236.10.7.4 Written Notice ([https://revisor.mo.gov/main/OneSection.aspx?section=523.250&bid=28018&hl= RSMo 523.250])===		===236.10.7.4 Written Notice ([https://revisor.mo.gov/main/OneSection.aspx?section=523.250&bid=28018&hl= RSMo 523.250])===

	At least sixty days before the ~~filing of a~~ condemnation petition seeking to acquire an interest in real property, the condemning authority will provide the owner of record of such property with a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]. Written notices will be provided to ~~fee owners~~, in addition to any other parties to which a written offer will be made. Such notice shall include:		At least sixty days before filing the condemnation petition seeking to acquire an interest in real property, the condemning authority will provide the owner of record of such property with a [https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/Written%20Notice%20of%20the%20Intended%20Acquisition.docx Written Notice of the Intended Acquisition]. Written notices will be provided to the owner of record, in addition to any other parties to which a written offer will be made. Such notice shall include:

	* Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property (examples: land, access rights, permanent easement, temporary easement, etc.; street address, relationships to landmarks, etc.)		:* The date the Written Notice of Alternative Location and Design Letter was received by the property owner (date mailed, emailed, hand delivered, etc.).
	* The purpose or purposes for which the property is to be acquired, which would be the general description of the project that is consistent with the STIP description.		:* Identification of the interest in real property to be acquired and a statement of the legal description or commonly known location of the property (examples: land, access rights, permanent easement, temporary easement, etc.; street address, relationships to landmarks, etc.)
	* A statement that the property owner has the right to:		:* The purpose or purposes for which the property is to be acquired, which would be the general description of the project that is consistent with the STIP description.
	** Seek legal counsel at the owner’s expense;		:* A statement that the property owner has the right to:
	** Make a counteroffer and engage in further negotiations;		:** Seek legal counsel at the owner’s expense;
	** Obtain such owner’s own appraisal of just compensation;		:** Make a counteroffer and engage in further negotiations;
	** Have just compensation determined preliminarily by court-appointed condemnation commissioners and, ultimately, by a jury; Seek assistance from the office of the ombudsman for property rights created under RSMo 523.277;		:** Obtain such owner’s own appraisal of just compensation;
			:** Have just compensation determined preliminarily by court-appointed condemnation commissioners and, ultimately, by a jury; Seek assistance from the office of the ombudsman for property rights created under RSMo 523.277;
	<blockquote>''"The office of public counsel shall create an office of ombudsman for property rights by appointing a person to the position of ombudsman. The ombudsman shall assist citizens by providing guidance, which shall not constitute legal advice, to individuals seeking information regarding the condemnation process and procedures. The ombudsman shall document the use of eminent domain within the State of Missouri and any issues associated with its use and shall submit a report to the general assembly on January 1, 2008, and on such date each year thereafter."''</blockquote>		<blockquote>''"The office of public counsel shall create an office of ombudsman for property rights by appointing a person to the position of ombudsman. The ombudsman shall assist citizens by providing guidance, which shall not constitute legal advice, to individuals seeking information regarding the condemnation process and procedures. The ombudsman shall document the use of eminent domain within the State of Missouri and any issues associated with its use and shall submit a report to the general assembly on January 1, 2008, and on such date each year thereafter."''</blockquote>
	:* Contest the right to condemn in the condemnation proceedings; and		::* Contest the right to condemn in the condemnation proceedings; and
	:* Exercise the rights to request vacation of an easement under the procedures and circumstances provided for in Missouri Statute.		::* Exercise the rights to request vacation of an easement under the procedures and circumstances provided for in Missouri Statute.

	<blockquote>''"A property owner of land burdened by an easement created after December 31, 2006, abandoned in whole for a period in excess of ten years, may petition a court of competent jurisdiction to obtain the rights previously transferred and vacation of the easement for monetary consideration equal to the original consideration obtained by the property owner in exchange for the easement. The holder of the easement shall be a party to such action. The holder of any such easement shall be allowed to maintain the easement upon a showing that the holder, in good faith, plans to make future use of the easement. The right to request that an easement be vacated may be waived by the property owner of record from whom the easement was originally acquired or by such property owner's successor in title to the burdened property either in the original instrument of conveyance or in a subsequent signed writing."''</blockquote>		<blockquote>''"A property owner of land burdened by an easement created after December 31, 2006, abandoned in whole for a period in excess of ten years, may petition a court of competent jurisdiction to obtain the rights previously transferred and vacation of the easement for monetary consideration equal to the original consideration obtained by the property owner in exchange for the easement. The holder of the easement shall be a party to such action. The holder of any such easement shall be allowed to maintain the easement upon a showing that the holder, in good faith, plans to make future use of the easement. The right to request that an easement be vacated may be waived by the property owner of record from whom the easement was originally acquired or by such property owner's successor in title to the burdened property either in the original instrument of conveyance or in a subsequent signed writing."''</blockquote>