236.13 Designing Right of Way Plans - Revision history

Hoskir: updated links to rw plans review checklist

2023-12-19T18:59:29Z

updated links to rw plans review checklist

← Older revision		Revision as of 13:59, 19 December 2023
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	*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Certification%20of%20Commission%20Form%20236.13.15.docx Certification Document]		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Certification%20of%20Commission%20Form%20236.13.15.docx Certification Document]
	*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]
	*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way ~~Plans Checklist~~]		* [https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plan Review Check List]
	*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation.docx Sample Letter for Condemnation]		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation.docx Sample Letter for Condemnation]
	*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation%20Amended%20Plans.docx Sample Letter for Condemnation (Amended Plans)]		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation%20Amended%20Plans.docx Sample Letter for Condemnation (Amended Plans)]
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	==236.13.7 Plan Development==		==236.13.7 Plan Development==
	Right of way details are usually developed on construction plans. These details (see [https://epg.modot.org/forms/DE%~~202017~~%~~20Forms/RW~~/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way ~~Plans Checklist~~]) are developed on separate sheets only where they cannot be shown on the construction plans without crowding. For lengthy projects or projects that must be expedited to meet schedules, it is sometimes necessary to develop right of way plans for portions or sections of a total improvement. These plans will be complete to the extent necessary to inform each individual property owner of the effects the improvement will have on each owner's property. Sample plans show examples of right of way delineation and notations.		Right of way details are usually developed on construction plans. These details (see [https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plan Review Check List]) are developed on separate sheets only where they cannot be shown on the construction plans without crowding. For lengthy projects or projects that must be expedited to meet schedules, it is sometimes necessary to develop right of way plans for portions or sections of a total improvement. These plans will be complete to the extent necessary to inform each individual property owner of the effects the improvement will have on each owner's property. Sample plans show examples of right of way delineation and notations.

	==236.13.8 Plan Requirements==		==236.13.8 Plan Requirements==

Hoskir: /* 236.13.8 Plan Requirements */ updated per RR3689

2023-10-25T14:19:02Z

236.13.8 Plan Requirements: updated per RR3689

← Older revision		Revision as of 09:19, 25 October 2023
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	Land survey ties and bearings are also shown on the plans. Bearings will be shown in degrees, minutes, and seconds. The [[Media:236.13 RW Example; Metric Centerline.pdf\|associated distance]] will be in English units. The approximate grade of all entrances is also shown.		Land survey ties and bearings are also shown on the plans. Bearings will be shown in degrees, minutes, and seconds. The [[Media:236.13 RW Example; Metric Centerline.pdf\|associated distance]] will be in English units. The approximate grade of all entrances is also shown.
	<div id="plans in units of acres"></div>		<div id="plans in units of acres"></div>
	All areas are computed and shown on the plans in units of acres (to 0.1 ac.) or square feet (to 1.0 ft<sup>2</sup>) accuracy.		All areas are computed and shown on the plans in units of acres (to 0.01 ac.) or square feet (to 1.0 ft<sup>2</sup>) accuracy.

	The first plan and profile sheet of the plans includes a note identifying the right of way limits for the project. This includes all easements. Projects with disconnected sections designated in the State Transportation Improvement Program will include a note for each section. An example is: "Right of way limits for this project extend from Sta. 200+00 to Sta. 300+00, a distance of 1.894 miles and from Sta. 450+00 to Sta. 575+00, a distance of 2.367 miles." The following note is also included on the first plan and profile sheet: "Any work indicated on the plans that extends beyond the project limits is considered incidental to and a part of the construction of this project."		The first plan and profile sheet of the plans includes a note identifying the right of way limits for the project. This includes all easements. Projects with disconnected sections designated in the State Transportation Improvement Program will include a note for each section. An example is: "Right of way limits for this project extend from Sta. 200+00 to Sta. 300+00, a distance of 1.894 miles and from Sta. 450+00 to Sta. 575+00, a distance of 2.367 miles." The following note is also included on the first plan and profile sheet: "Any work indicated on the plans that extends beyond the project limits is considered incidental to and a part of the construction of this project."

Hoskir: updated forms area

2023-08-09T18:05:08Z

updated forms area

← Older revision		Revision as of 13:05, 9 August 2023
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	{\|style="padding: 0.3em~~; margin-left:15px~~; border: 1px solid #cccccc; text-align:~~center~~; ~~font-size: 95%; background:#f5f5f5" width="180px~~" ~~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>'''
	\|'''~~Additional Information~~'''		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Certification%20of%20Commission%20Form%20236.13.15.docx Certification Document]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]
	~~\|[[236.13 Designing Right of Way Plans#236.13.1 Access Control\|Functional Classification]]~~		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plans Checklist]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation.docx Sample Letter for Condemnation]
	~~\|'''Figures'''~~		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation%20Amended%20Plans.docx Sample Letter for Condemnation (Amended Plans)]
	\|-		'''<u><center>Figures</center></u>'''
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Access~~%~~20Control~~%~~20and~~%~~20Layout~~%~~20Diamond%20Interchanges~~.~~pdf Access Control and Layout of Diamond Interchanges~~]		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Access%20Control%20and%20Layout%20Diamond%20Interchanges.pdf Access Control and Layout of Diamond Interchanges]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Asbestos%20Survey%20Report%20-%20All%20Suspect%20ACM%20%20Form%20T746.docx Form T746]
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Asbestos~~%~~20Survey~~%~~20Report~~%~~20-~~%~~20All~~%~~20Suspect%20ACM%20~~%20Form%~~20T746~~.docx ~~Form T746~~]		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Asbestos%20Survey%20Report%20-%20Nonfriable%20ACM%20Form%20T747.docx Form T747]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Asbestos%20Survey%20Report%20-%20All%20Materials%20Form%20T748.docx Form T748]
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Asbestos~~%~~20Survey~~%~~20Report~~%~~20-%20Nonfriable%20ACM~~%20Form%~~20T747~~.docx ~~Form T747~~]		'''<u><center>Additional Information</center></u>'''
	\|-		*[[236.13 Designing Right of Way Plans#236.13.1 Access Control\|Functional Classification]]
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Asbestos~~%~~20Survey~~%~~20Report~~%~~20-%20All%20Materials%20Form%20T748~~.docx ~~Form T748~~]		</div>
	\|-
	~~\|'''Forms'''~~
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Certification~~%~~20of~~%~~20Commission~~%~~20Form~~%~~20236.13.15~~.docx ~~Certification Document~~]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Letter~~%~~20of~~%~~20Certification~~%~~20RW~~%~~20Plans~~%~~20Approval%20Form%20236~~.~~13.docx Letter~~ of ~~Certification for Right of Way Plans Approval~~]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Right~~%~~20Way~~%~~20Plans~~%~~20Checklist~~%20Form%~~20236.13.7~~.docx ~~Right of Way Plans Checklist~~]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Sample~~%~~20Letter~~%~~20for~~%~~20Condemnation~~.docx ~~Sample Letter for Condemnation~~]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/~~Sample~~%~~20Letter~~%~~20for~~%~~20Condemnation~~%~~20Amended~~%~~20Plans~~.docx ~~Sample Letter for Condemnation (Amended~~ Plans)]
	\|}

	[[image:Plans.gif\|375px\|left]]		[[image:Plans.gif\|375px\|left]]

Hoskir: /* 236.13.8 Plan Requirements */ updated per RR3722

2023-06-30T14:37:46Z

236.13.8 Plan Requirements: updated per RR3722

← Older revision		Revision as of 09:37, 30 June 2023
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	==236.13.8 Plan Requirements==		==236.13.8 Plan Requirements==
	Right of way lines are indicated on the plans with a solid line noted as "R/W Line". Easements are indicated on the plans with dashed lines. Easements are identified on the plans as "Permanent Easement" or "Temporary Easement". A supplemental descriptive note is shown underneath the easement descriptions identifying the purpose for the easement, such as "Drainage" for inlet and outlet ditches, "Channel Change" for channel changes, "Sight Distance" for sight distance easements, "Borrow" for [[127.22 Off-Site Borrow, Spoil, and Staging Areas\|borrow easements]], or "Slope" for slope easements. The plans include complete dimensions for all areas included in the right of way or easement limits. The plans show the limits of construction slope lines by a dashed line. The limits of construction are approximate. Land survey ties and bearings are also shown on the plans.		Right of way lines are indicated on the plans with a solid line noted as "R/W Line". Easements are indicated on the plans with dashed lines. Easements are identified on the plans as "Permanent Easement" or "Temporary Easement". A supplemental descriptive note is shown underneath the easement descriptions identifying the purpose for the easement, such as "Drainage" for inlet and outlet ditches, "Channel Change" for channel changes, "Sight Distance" for sight distance easements, "Borrow" for [[127.22 Off-Site Borrow, Spoil, and Staging Areas\|borrow easements]], or "Slope" for slope easements. The plans include complete dimensions for all areas included in the right of way or easement limits. The plans show the limits of construction slope lines by a dashed line. The limits of construction are approximate. Land survey ties and bearings are also shown on the plans.

	When a metric centerline is established, either on new alignment or converted from existing alignment, it will be necessary to re-station and dimension the existing right of way line, to the new metric centerline. The existing right of way will be "soft" converted to the nearest millimeter. New right of way will be established in even metric units. English units will be shown, in parentheses, on [[Media:236.13 RW Example; Metric Centerline.pdf\|offset distances and right of way areas]] directly beside or behind the metric units.

	When right of way is acquired along only one side of an existing facility, it is necessary to re-station and dimension the existing right of way line to the new centerline stationing. Sufficient equations between the existing centerline and the new centerline are included on the right of way plans to allow for coordination of existing right of way deeds.		When right of way is acquired along only one side of an existing facility, it is necessary to re-station and dimension the existing right of way line to the new centerline stationing. Sufficient equations between the existing centerline and the new centerline are included on the right of way plans to allow for coordination of existing right of way deeds.
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	* Bearing and distance from the land survey tie to a specific station on the new centerline		* Bearing and distance from the land survey tie to a specific station on the new centerline
	* Equation station between the existing and new centerlines at the beginning and end of the project		* Equation station between the existing and new centerlines at the beginning and end of the project
	* English conversions if plans are in metric
	* Bearings and curve data on the new centerline, and extending beyond the limits of the right of way acquisition at the beginning and end of the project		* Bearings and curve data on the new centerline, and extending beyond the limits of the right of way acquisition at the beginning and end of the project
	* Property lines		* Property lines

Hoskir: /* 236.13.17 Demolition and Removal of Improvements */ updated JSP link

2023-03-06T14:31:58Z

236.13.17 Demolition and Removal of Improvements: updated JSP link

← Older revision		Revision as of 09:31, 6 March 2023
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	Specifications governing this work are contained in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=5 Section 202] of the ''Missouri Standard Specifications for Highway Construction''. It is desired to make administration of these demolition and removal contracts efficient by grouping together work from various projects within the district. The quantities in this proposal need to be tabulated by parcel for each roadway project to be included.		Specifications governing this work are contained in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=5 Section 202] of the ''Missouri Standard Specifications for Highway Construction''. It is desired to make administration of these demolition and removal contracts efficient by grouping together work from various projects within the district. The quantities in this proposal need to be tabulated by parcel for each roadway project to be included.

	Job special provision [https://~~spexternal~~.modot.~~mo.gov/sites/de~~/~~_layouts~~/15/~~WopiFrame.aspx?sourcedoc=%7B70142824-2474-4357-919A-D7F9B45BD169%7D&file=~~JSP9908.~~doc&action=default&DefaultItemOpen=1~~ JSP-99-08, Demolition and Removal Contract], will be used for these advanced removals of improvements. It is recommended the district anticipate those parcels that will be acquired within a 12 month period throughout the district and include them in one contract for demolition and removal of improvements. Job Special Provisions will designate petroleum storage tanks, lagoons, or other items that require early removal as a first or early order of work after the notice to proceed. There will be special cases when abatement of ACM and demolition and removal of buildings are included in the general roadway contract.		Job special provision [https://epg.modot.org/forms/JSP/JSP9908.docx JSP-99-08, Demolition and Removal Contract], will be used for these advanced removals of improvements. It is recommended the district anticipate those parcels that will be acquired within a 12 month period throughout the district and include them in one contract for demolition and removal of improvements. Job Special Provisions will designate petroleum storage tanks, lagoons, or other items that require early removal as a first or early order of work after the notice to proceed. There will be special cases when abatement of ACM and demolition and removal of buildings are included in the general roadway contract.

	==236.13.18 Disposition of Existing Route==		==236.13.18 Disposition of Existing Route==

Hoskir at 18:25, 10 November 2022

2022-11-10T18:25:32Z

← Older revision		Revision as of 13:25, 10 November 2022
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	[[image:Plans.gif\|375px\|left]]		[[image:Plans.gif\|375px\|left]]
	Right of way plans are developed along with the development of the detail plans. These two activities are defined as "final design". They occur after the preliminary plan for an improvement is approved. Right of way plans define and dimension areas necessary to construct and maintain the main roadway and necessary outer roadways, entrances and crossroads. The right of way limits will include areas necessary for utility adjustments and maintenance activities. Right of way dimensions are sufficiently detailed to write deeds to describe the required right of way and easement limits.

	~~The minimum width~~ of ~~right~~ of ~~way established~~ for ~~each project~~ is ~~that~~ necessary to ~~accommodate construction~~ and ~~provide proper maintenance of~~ the roadway ~~without an undue number~~ of ~~jogs in~~ the right of way ~~line~~. ~~The established~~ right of way ~~width must~~ be ~~sufficient~~ to ~~accommodate all roadway cross~~-~~section elements and required appurtenances necessary for an adequate facility in the design year~~.		Right of way plans are developed along with the development of the detail plans. They occur after the preliminary plan for an improvement is approved. Right of way plans define and dimension areas necessary to construct and maintain the main roadway and necessary outer roadways, entrances and crossroads. The right of way limits will include areas necessary for utility adjustments and maintenance activities. Right of way dimensions are sufficiently detailed to write deeds to describe the required right of way and easement limits. Final right-of-way plans and plan approval cannot take place until NEPA approval, however, FHWA may allow additional activities that do not constitute final design to be advanced if the DA determines that such activities do not materially affect the consideration of alternatives in the NEPA review process and/or cause adverse environmental impacts. The PM shall work with the DLE and FHWA to consider this process on a case-by-case basis.

	~~Normally, the area~~ for ~~the placement of utilities~~ is ~~six feet wide, located parallel~~ to and ~~immediately inside~~ the right of way line. ~~Since utilities are typically relocated prior to roadway construction, the~~ right of way width ~~needs~~ to ~~ensure the new location is beyond the slope limits of~~ the ~~improvement~~.		The minimum width of right of way established for each project is that necessary to accommodate construction and provide proper maintenance of the roadway without an undue number of jogs in the right of way line. The established right of way width must be sufficient to accommodate all roadway cross-section elements and required appurtenances necessary for an adequate facility in the design year.

	It is ~~permissible~~ to ~~utilize easements for cut~~ and ~~fill slopes~~. ~~Many factors~~ are to ~~be considered when deciding how to provide space for the facility~~, ~~such as~~ the ~~cost of permanent~~ right of way ~~verses easements, project goals and scope, proper maintenance~~ of the ~~facility and adjacent land use~~.		Normally, the area for the placement of utilities is six feet wide, located parallel to and immediately inside the right of way line. Since utilities are typically relocated prior to roadway construction, the right of way width needs to ensure the new location is beyond the slope limits of the improvement.

	It may be practical in certain cases for right of way to be purchased at the time of the initial project to accommodate future improvements. Typically this occurs in developing areas that have both high right of way costs and identified needs for improvement in the near future.		It is permissible to utilize easements for cut and fill slopes. Many factors are to be considered when deciding how to provide space for the facility, such as the cost of permanent right of way verses easements, project goals and scope, proper maintenance of the facility and adjacent land use.

			It may be practical in certain cases for right of way to be purchased at the time of the initial project to accommodate future improvements. Typically, this occurs in developing areas that have both high right of way costs and identified needs for improvement in the near future.

	When establishing minimum right of way widths, maintenance items to consider include		When establishing minimum right of way widths, maintenance items to consider include
	*Signing guidelines suggest fixed signs be 6 ft. to 12 ft. from the edge of pavement.		:* Signing guidelines suggest fixed signs be 6 ft. to 12 ft. from the edge of pavement.
	*Currently, mowing tractors are either 6 ft. or 15 ft. wide.		:* Currently, mowing tractors are either 6 ft. or 15 ft. wide.
	*Roadside vegetation guidelines suggest mowing 30 ft. to 80 ft. beyond the edge of pavement, provided the slope is 1V:3H or flatter. This controls the brushy vegetation more effectively. If fence lines are not placed sufficiently far from the edge of pavement, the trees will eventually grow over the road, requiring expensive maintenance activities such as renting bucket trucks to trim limbs over the road.		:* Roadside vegetation guidelines suggest mowing 30 ft. to 80 ft. beyond the edge of pavement, provided the slope is 1V:3H or flatter. This controls the brushy vegetation more effectively. If fence lines are not placed sufficiently far from the edge of pavement, the trees will eventually grow over the road, requiring expensive maintenance activities such as renting bucket trucks to trim limbs over the road.


	==236.13.1 Access Control==		==236.13.1 Access Control==

Hallej1 at 18:41, 18 August 2022

2022-08-18T18:41:56Z

← Older revision		Revision as of 13:41, 18 August 2022
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	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]		\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Letter%20of%20Certification%20RW%20Plans%20Approval%20Form%20236.13.docx Letter of Certification for Right of Way Plans Approval]
	\|-		\|-
	\|[https://epg.modot.org/forms/DE%~~202017~~%~~20Forms/RW~~/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plans Checklist]		\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Right%20Way%20Plans%20Checklist%20Form%20236.13.7.docx Right of Way Plans Checklist]
	\|-		\|-
	\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation.docx Sample Letter for Condemnation]		\|[https://epg.modot.org/forms/RW/Chapter%2013_Designing%20Right%20of%20Way%20Plans/Sample%20Letter%20for%20Condemnation.docx Sample Letter for Condemnation]

Smithk: Per TP, updated Major Highway System map

2022-06-03T13:12:56Z

Per TP, updated Major Highway System map

← Older revision		Revision as of 08:12, 3 June 2022
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	(includes urban areas with population less than 50,000)		(includes urban areas with population less than 50,000)

	===236.13.2.1 [[media:144 Major Highway System ~~2021~~.pdf\|Major Routes]]===		===236.13.2.1 [[media:144 Major Highway System 2022.pdf\|Major Routes]]===
	These roadways, generally interstate and principal arterials, transport large volumes of interstate and intrastate traffic. They are intended to provide a high level of mobility for through traffic. They provide the safest design characteristics and are conducive to high operating speeds. Interstates and principal arterials designated as freeways are designed with fully controlled access right of way. Some principal arterials are constructed with controlled access right of way.		These roadways, generally interstate and principal arterials, transport large volumes of interstate and intrastate traffic. They are intended to provide a high level of mobility for through traffic. They provide the safest design characteristics and are conducive to high operating speeds. Interstates and principal arterials designated as freeways are designed with fully controlled access right of way. Some principal arterials are constructed with controlled access right of way.

Smithk: /* 236.13.5.7 Partial Rights */ updating RW link

2021-11-24T18:49:56Z

236.13.5.7 Partial Rights: updating RW link

← Older revision		Revision as of 13:49, 24 November 2021
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	===236.13.5.7 Partial Rights===		===236.13.5.7 Partial Rights===
	Present federal regulations pertaining to the acquisition of right of way require the state to request permission from the FHWA to acquire anything less than all the rights in a property, where federal funds are involved in either right of way or construction costs. Since this permission can only be approved at the Washington office, it is necessary any request be made at the earliest stage of project development. When the district determines it will be to the state's advantage to acquire less than the complete surface and aerial rights for a property or for under or over a structure, a specific note for each exception is included in a letter of transmittal to the FHWA requesting approval of right of way plans. An estimate of the savings in right of way costs, prepared by the [~~http~~://sp/sites/~~de/RealEstate~~/SitePages/~~Staff~~.aspx Right of Way Section], is attached to the transmittal letter. If this situation occurs after receiving approval of right of way plans, the district must submits a request to the Design Division, along with a revised plan sheet setting out the exception and including an estimate of right of way savings. Upon receipt of this information, the Design Division will submit a request to the FHWA for approval, and upon receipt of approval notify the district. It is expected this procedure will affect only a minimum number of projects involving interstate or high-type urban design. Right of way acquisitions reserving certain rights for the property owner are to be held to a minimum. Approval is requested only when substantial savings in right of way costs can be shown.		Present federal regulations pertaining to the acquisition of right of way require the state to request permission from the FHWA to acquire anything less than all the rights in a property, where federal funds are involved in either right of way or construction costs. Since this permission can only be approved at the Washington office, it is necessary any request be made at the earliest stage of project development. When the district determines it will be to the state's advantage to acquire less than the complete surface and aerial rights for a property or for under or over a structure, a specific note for each exception is included in a letter of transmittal to the FHWA requesting approval of right of way plans. An estimate of the savings in right of way costs, prepared by the [https://modotgov.sharepoint.com/sites/DE/SitePages/Right-of-Way.aspx Right of Way Section], is attached to the transmittal letter. If this situation occurs after receiving approval of right of way plans, the district must submits a request to the Design Division, along with a revised plan sheet setting out the exception and including an estimate of right of way savings. Upon receipt of this information, the Design Division will submit a request to the FHWA for approval, and upon receipt of approval notify the district. It is expected this procedure will affect only a minimum number of projects involving interstate or high-type urban design. Right of way acquisitions reserving certain rights for the property owner are to be held to a minimum. Approval is requested only when substantial savings in right of way costs can be shown.

	===236.13.5.8 Permanent Easements===		===236.13.5.8 Permanent Easements===

Smithk: Updated website links for increased security

2021-10-25T18:54:44Z

Updated website links for increased security

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