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Right-of-Way Outreach and Program Research

The Office of Real Estate Services (HEPR) supports the acquisition and management of real estate as required for the development of transportation services and facilities; and offers professional training and technical assistance. HEPR also provides resources on corridor management, property valuation, relocation assistance, utility management, and right-of-way management.

HEPR is fulfilling these right-of-way missions through outreach workshops, technical assistance, and program research. This office utilizes small business contractors, but also engages University and innovation researchers, to develop management and technology tools. The primary study areas include: 1) Right-of-way analysis; 2) Legislative and policy analysis; 3) Right-of-way administrative support; and 4) Marketing and facilitation. We are currently monitoring studies to support web-based submission of annual right-of-way statistics, provide for training in the high turn-over sector within local public agencies, and examine the potential for right-of-way education certification.

In addition, we are actively encouraging the use of Geographic Information Systems (GIS) by our right-of-way constituents. GIS is becoming an important field for right-of-way and has unlimited potential for right-of-way decision analysis. HEPR is currently supporting three GIS studies.

The Federal Highway Administration Research Programs for Realty Program Management and Outdoor Advertising Control
The measure of our success is determined by the extent to which you take the initiative to submit proposals for realty - and outdoor advertising control - related research topics for the next fiscal year.

2009 STEP Research Program

The Federal Highway Administration (FHWA) is soliciting recommendations for utilization of funding that is being provided through the Surface Transportation Environment and Planning Cooperative Research Program (STEP) for Fiscal year 2009. Outdoor Advertising Control (OAC) / Realty Program Management is one component of the STEP emphasis areas. We are thereby requesting input from our partners and stakeholders who have an interest in collaborating on research plans and initiatives.

Completed Right-of-Way Research Topics

To view completed right-of-way research efforts, see Research Results Publications

Current Right-of-Way Research Topics

Appraisal Waivers

This study will identify and evaluate if the appraisal waiver is accomplishing the intended goals of minimizing administrative costs and expediting the acquisition of real property. The study will also determine which proportion of each State DOTs' acquisitions are valued with the appraisal waiver process, and what the associated DOT organizational consequences of the use of the appraisal waiver may be, including the impact on the DOTs' appraisal capabilities.

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Mortgage Interest Differential Payment (MIDP)

A research study is underway to look at various types of mortgages available today, including reverse, pick-a pay, and adjustable rate mortgage plans. This study explores various methods of determining the mortgage interest differential payment using a simple Excel spreadsheet format. Information from the study will be used to develop guidance that will be posted on the HEPR website.

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STEP: Commercial Electronic Variable Message Sign (CEVMS) Study on Driver Attention and Distraction

The scope of the study of commercial electronic variable message signs on driver attention includes evaluating their potential risk to safety. The study's primary focus is the effect of CEVMS on driver behavior.

Phase I (complete)
The initial phase began in January 2008, and has been completed by Turner-Fairbank. A draft report has been received, peer reviewed, and approved. This phase identified and evaluated the most significant measures and issues involved, and developed research methods needed to secure reliable data information. This report will be posted to the Federal Highway Administration (FHWA) home page as soon as it is available at http://www.fhwa.dot.gov/realestate/out_ad.htm .

Phase II (in process)
The second phase of this contracted research study is currently being defined, and will utilize the research methods identified in the initial phase. Following completion of the field study, a draft report will be completed in December 2009.

A preliminary experimental design has been developed under which FHWA researchers and their contractors will conduct field experiments at two cities yet to be selected. According to the research design, the two sites will have a number of CEVMS displays, together with standard vinyl billboards and other objects of visual interest, along a single driving route of an hour or less in duration. A number of research participants will be recruited in each of the study areas. Each research participant will drive in an FHWA instrument equipped test vehicle. Each participant will return for multiple drives under differing conditions, for example, day vs. night, heavy traffic vs. light traffic, freeways vs. arterials, etc. The instrumentation in the test vehicle is capable of measuring eye-glances of the participant drivers, as well as certain vehicle performance parameters. The eye-glance data will permit the researchers to measure the percentage of time that the participant drivers looked at the roadway ahead, and the time that the drivers looked at the CEVMS advertising displays, at standard vinyl billboards, and other selected objects. This update provides information regarding the present general research approach. However the actual experimental design which is ultimately implemented could differ.

To date, the initial progress on Phase II of the project is focusing on the development of an experimental design, the selection and acquisition of an eye-tracking system for the FHWA test vehicle, and the development and transmittal of the criteria to select the most optimal study sites to each of the FHWA Division offices. The deadline for the FHWA Division offices to submit proposed sites is February 13, 2009.

Perspective
FHWA will analyze the results of this study to identify subsequent guidance, regulatory changes, or suggested legislative proposals to react to the findings of this report.

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STEP: Development of a Right-of-Way Competency Navigator and Capacity Building and Training Curriculum Clearinghouse provided on the FHWA Website

Summary Statement
As part of the on-going Office of Real Estate Services (HEPR) effort to identify training resources for ROW and Outdoor Advertising Control(OAC) functions and facilitate development, this project will build capacity and core competencies through a Competency Navigator Tool. The Navigator developed will serve as a resource or "clearinghouse" for our partners, internal and external customers, and consultants to define and meet core competency requirements and locate training opportunities and resources. It also will serve to inform other Federal Highway Administration(FHWA) Offices about the many disciplines within the right-of-way profession and increase the understanding and relevance of HEPR within Office of Environment and Planning (HEP) and FHWA. An enhanced understanding of the numerous complex programs administered under right-of-way will not only promote transportation professional capacity-building, but also increase the junctures at which right-of-way expertise and input is sought earlier during project development, thereby enhancing the transportation decision-making process.

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STEP: Identification and Development of Local Public Agency (LPA) Stewardship Tools and Techniques

Accomplishments: This research program's goal is to identify and evaluate successful LPA stewardship and oversight programs and the common challenges that are faced by both the State Department of Transportation (State DOT's) and LPA's. A series of teleconferences were held utilizing a representative cross section of stakeholders who are involved with this program area. The information gathered during this research indicated that additional course work and training are required in order to mitigate these common challenges. The Office of Real Estate Services is partnering with the National Highway Institute to develop training material and a workshop which will be utilized in addressing all aspects of the LPA program as it relates to right-of-way. The workshop can therefore be readily marketed and utilized by the State DOT's and LPA's to assist in the successful implementation of this program area.

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STEP: Integrating Visualization Technologies into the Right-of-Way Processes

Summary Statement
In the transportation industry, visualization is a communication tool that is used to enhance participation and public involvement. Visualization technologies can be effectively used at all stages to promote public involvement. They help people see and understand the impacts that the transportation projects have on their properties. In transportation, visualization is comprised of a variety of different applications and technologies, such as a composite image, video overlay, animation and Geographic Information System (GIS). These technologies can be used to realistically generate and portray existing and proposed ROW project conditions.

Visualization can be used as a tool to promote more effective and efficient negotiations with landowners by providing an enhanced understanding of highway construction improvements and corresponding property acquisition impacts. State Department of Transportation (DOT) can utilize visualization to show property owners the before and after condition of their property during the acquisition process. The property owner can use visualization as a means to easily and accurately access property impacts and make an informed decision. The ability to clearly display and describe the property impacts will increase the potential for a successful resolution of negotiations and reduce condemnations procedures.

Research efforts will include a scan conducted with the Divisions and State DOTs in order to determine the extent to which they are currently using visualization technology, the type of hardware and software being utilized, and the most commonly used visualization products. The recent international scan on integrating right-of-way and utilities into project development identifies various visualization techniques that have been implemented effectively elsewhere. These efforts can be further introduced within the STEP research project and/or through concurrent pilot projects.

Results will be shared as best management practices, guides, and Visualization/ right-of -way data elements, as well as technology and tools that can be used by other State DOTs.

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STEP: Neutral Assessment of the National Outdoor Advertising Control Program - National Policy Dialogue

Accomplishments: The Federal Highway Administration (FHWA) has entered into an interagency agreement with the U.S. Institute for Environmental Conflict Resolution in an effort to implement recommendations contained in the January 2007 Conflict Assessment: Federal Outdoor Advertising Control Program. The Institute will lead an effort to explore ways to reduce any conflict or confusion in administering elements of the outdoor advertising control program, as identified in the Assessment. The Office of Real Estate Services has worked with the Institute to identify what issues to examine next and we will focus on the Acts of God/definition of "destroyed signs" issues as the next step for collaboration with stakeholders. Possible outcomes could be additional FHWA guidance or rulemaking.

Other items for collaboration include the Use of New Billboard Technology in Outdoor Advertising. Focus areas could be identifying potential locations for the CEVMS sign research project including potential signs that might be used for the research of such factors as brightness or other lighting changes.

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STEP: Peer Exchange - Use of Incentive Payments in Right-of-Way Acquisition and Relocation Programs

Accomplishments: The Office of Real Estate Services conducted a peer exchange during which 6 agencies presented information on the use of right-of-way incentive programs. This included data on time and cost savings; and lessons learned. There is great variation in how States develop procedures and implement incentive payments. One agency estimates it saves $5 million a year using incentive payments. The report is available at http://www.fhwa.dot.gov/realestate/incpeerexch.htm

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STEP: Relocation Assistance Retrospective Study

Summary Statement
The Office of Real Estate Services (HEPR) develops and implements regulations, polices and guidance that help to ensure that right-of-way needed for transportation infrastructure construction and improvements is made available in a timely fashion and in compliance with applicable laws and regulations. One of the Office's primary functions is to ensure that right-of-way acquired for federally funded projects and programs is acquired in a manner that complies with the requirements of The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act). The Office also serves as Lead Agency for the government wide promulgation and implementation of Uniform Act rules and policies. These Uniform Act requirements apply to the real estate acquisition and relocation assistance programs and projects of 18 Federal Agencies.

Among benefits included in relocation assistance under the Uniform Act is a payment , not to exceed $10,000, to assist displaced businesses in reestablishing at a new location. The Uniform Act benefit levels were last revised in 1989. Since that time, displaced business moves have become increasingly complex and costly. HEPR , The General Accounting Office (GAO) and several States have done recent research into the costs born by businesses that are required to relocate as a result of federally funded projects and programs. The general conclusion is that the Uniform Act benefit levels are inadequate. For example The GAO recently reported on the need for an update of benefit levels in Eminent Domain, Information about its Uses and Effect on Communities and Property Owners Is Limited (GAO-07-78). The report communicates in several points, including discussions on pages 4 and 16, that Uniform Act benefits available to business are considered inadequate by interviewees. A number of States have enacted statutory benefit enhancements to, in part, help to ensure that businesses that are required to relocate are able to do so successfully.

The purpose of this research is to:

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STEP: Right-of-Way, Design-Build, and Acquisition Models

Summary Statement
States are increasingly using design build contracting to develop and construct projects. Research will be conducted to identify the various methods States have used for (ROW) acquisition and relocation in design-build contracting. This research will evaluate the need for regulatory change to 23 CFR 710. Information from the research will be used to assess the effectiveness of 23 CFR 710.313 which covers design-build projects and ROW acquisition. Previous design-build ROW research was completed in 2000 when the traditional approach was in use, whereby ROW was acquired by the agency (or its contractor), and provided to the design-build contractor.

The research will look at new "alliance" type contracting methods where a team is formed early and includes a focus on collaboration during the project development and design process. Information obtained will be used to develop lessons learned and best practices. The research will include:

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STEP: Support of Stakeholder and Partner Outreach and Informational Dissemination Programs

Accomplishments: During 2008 The Office of Real Estate Services pursued a number of outreach and partnering efforts to promote innovative information sharing among practitioners who implement the Uniform Act and Outdoor Advertising Control programs. We supported several national meetings including National Alliance of Highway Beautification Agencies and the Federal Agency Update meetings during which best practices are shared and technical and programmatic issues are discussed. We continue to provide support for the Real Estate Exchange, an online community of practice which provides right-of-way professionals a forum for discussion of programmatic issues. We also participated in and supported the 2008 right-of-way international scan which included representatives of Federal and State agencies and AASHTO. We also presented the 2008 Excellence in right-of-way awards with awards for subjects including streamlining, integration and innovation in right-of-way.

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STEP: Update of Local Public Agency Acquisition Guide

Accomplishments: This initiative is an additional effort to support the development of Local Public Agency Stewardship Tools. One of the identified needs from the stakeholder outreach for the Identification and Development of Local Public Agency Stewardship Tools and Techniques STEP 08 project was the need for an updated guide. Completion date is projected to be summer 2009.

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Turbo Expert Electronic Relocation System

The objective of the Turbo Expert Electronic Relocation System project is to provide a tool(s) to the SDOTs, FHWA Divisions, and other Federal agencies that will help ensure that relocation calculations are accurate, in accordance with current regulations, and completed in a uniform manner. This system will help to ensure that those relocated for federally aided programs or projects are receiving proper relocation benefits in a timely manner. This system will conform to the Uniform Act as well as all applicable Federal, DOT, and FHWA statutes, regulations, and guidelines for information technology systems.

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Right-of-Way Education Barriers

This study will identify and evaluate barriers to the effective use of existing right-of-way training courses by Federal and State Right-of-Way personnel. The analysis will be based on the results of contacts with State Right-of-Way Managers and Federal Division Realty Officers, as well as selected training providers such as NHI, IRWA, and the Appraisal Institute. The purpose of this research is to provide HEPR with the data it needs to assess the effectiveness of the current training paradigm for right-of-way and HEPR's role within that paradigm. This includes identifying the best ways to use HEPR resources to help improve training and the resulting right-of-way expertise in transportation at the State and Federal levels.

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To provide Feedback, Suggestions or Comments for this page contact Marshall Wainright (marshall.wainright@dot.gov)

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