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.

STEP Research Program

Completed Right-of-Way Research Topics

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

Current Right-of-Way Research Topics

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 (under review)
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.

FHWA Contacts:

• Arnold Feldman (arnold.feldman@fhwa.dot.gov)
• Mary Jane Daluge (maryjane.daluge@dot.gov)
• Catherine O'Hara (catherine.o'hara@dot.gov)

STEP: Development of a Right-of-Way Competency Navigator

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.

FHWA Contacts:

• Rich Coco (rich.coco@fhwa.dot.gov)

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:

• Perform an in-depth retrospective survey of the actual costs that business incur as a result of being required to relocate
• Determine the percentage of businesses that remain in operation for at least two years after their relocation
• Identify the types of benefits and services that relocated business believe will best ensure a successful business relocation
• Survey and document the statutory benefit enhancements States have enacted to
  • document cost associated with the enhanced benefits
  • determine, through interviews with business the effect of the enhanced benefits
• Develop quantitative and qualitative data which can be used to assess the adequacy of benefit levels established in the Uniform Act.

FHWA Contacts:

• Arnold Feldman (arnold.feldman@dot.gov)
• Marshall Wainwright (marshall.wainwright@dot.gov)

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:

• An informal survey to find which States are including ROW functions in design-build contracts.
• Analysis of a sample of design-build contracts that include ROW functions to determine how risk is assigned.
• An examination of ROW related design-build procedures, processes and State oversight.
• Analyses of how States provide and assure that property owner and tenant rights are protected.
• Information on contract provisions, State oversight, the role and authority of the State, the role and authority of the contractor.
• Information on non-traditional acquisition models.
• Information on the effectiveness of 23 CFR 710.313 or the need for revision.

FHWA Contacts:

• Kathleen Facer (kathleen.facer@fhwa.dot.gov)
• Bruce Bradley (bruce.bradley@dot.gov)

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.

FHWA contact:

• Arnold Feldman, (arnold.feldman@dot.gov)