Streamlining Acquisition and Utility Processes in Eminent Domain: Report of 2008 Right-of- Way and Utilities International Scanning Tour Federal Agency Update Las Vegas, Nevada January 28, 2010 Right-of-Way and Utilities International Scanning Tour - 2008
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Right-of-Way and Utilities International Scanning Tour - 2008
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Streamlining Acquisition and Utility Processes in Eminent Domain: Report of 2008 Right-of-Way and Utilities International Scanning Tour
Federal Agency UpdateLas Vegas, NevadaJanuary 28, 2010
Right-of-Way and Utilities International Scanning Tour - 2008
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Scan Motivation
Effective transportation is essential for the economic strength of society
Most projects require some property acquisitions or impact utility facilities
Right-of-Way and Utilities International Scanning Tour - 2008
Right-of-Way and Utilities International Scanning Tour - 2008
Scan Goals and Objectives International Scan Goal
Explore innovative practices to better integrate ROW / Utility processes with Planning, Environmental analysis and design
International Scan Objectives Explore and analyze:
Alternative project delivery methods Long-range planning process Design process Environmental process Utility property right acquisition and accommodation Right-of-way property asset management strategies Project team, training, and professional development strategies
Team Members: Federal Highway Administration (FHWA)
Gerry Solomon, Headquarters FHWA Jeff Zaharewicz, Headquarters FHWA Dan Mathis, FHWA Washington State Division
American Association of State Highway and Transportation Officials (AASHTO)
Bimla Rhinehart, California DOT Gary Fawver, Pennsylvania DOT Ray Lorello, Ohio DOT John Campbell, Texas DOT
Right-of-Way and Utilities International Scanning Tour - 2008
Team Members (continued): Private Sector
Nick Zembillas, TBE Group Ben Ward, PBS&J Engineering
Report Facilitator Cesar Quiroga, Texas Transportation Institute
Right-of-Way and Utilities International Scanning Tour - 2008
Where We Went
CanberraCanberra
WellingtonWellington
SuvaSuva
DiliDili
NoumeaNoumea
Port MoresbyPort Moresby
PerthPerth
SydneySydney
AucklandAuckland
AdelaideAdelaide
BrisbaneBrisbane
SurabajaSurabajaMakassarMakassar
MelbourneMelbourne
ChristchurchChristchurch
Tropic of CapricornTropic of Capricorn
12
0E
16
0E
14
0E
20S
40S
New South Wales
South Australia
Victoria
Queensland
Northern Territory
Western Australia
Tasmania
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^̀OttawaOttawa
ReginaQuébec
Iqaluit
Toronto
HalifaxWinnipeg
Victoria
Edmonton
St. John's
Whitehorse
Yellowknife
Fredericton
Charlottetown
Québec
Ontario
Nunavut
Alberta
ManitobaSaskatchewan
British Columbia
Northwest Territories
Yukon Territory
Newfoundland and Labrador
New Brunswick
Nova Scotia
Prince Edward Island
Right-of-Way and Utilities International Scanning Tour - 2008
Right-of-Way and Utilities International Scanning Tour - 2008
Australia and Canada New South Wales (NSW)
Road and Traffic Authority (RTA) – Sydney Queensland
Queensland Department of Main Roads – Brisbane South Australia
Department for Transport, Energy, and Infrastructure (DTEI) - Adelaide
Victoria Roads Corporation (VicRoads) – Melbourne
Alberta Alberta Transportation – Edmonton
Ontario Ministry of Transportation (MTO) – St. Catharines
General Observations
Australia Emphasis on sound business principles Relationship-based project delivery Varied approaches to professional development Different historical basis for utility reimbursement
and access of right-of-way for some utilities Cooperative climate with property owners
Right-of-Way and Utilities International Scanning Tour - 2008
General Observations
Canada Extensive framework established to control
development and preserve corridors Long-term planning for right-of-way:
“Transportation Utility Corridors” Transparent relationships with property owners
Right-of-Way and Utilities International Scanning Tour - 2008
Right-of-Way and Utilities International Scanning Tour - 2008
Overarching Themes
Promote non-adversarial solutions to right-of-way acquisition while respecting property rights
Improve working relationships with utility industry at all levels
Explore and promote the Alliance contract approach
Organize right-of-way and utility community to implement scan ideas
Right-of-Way and Utilities International Scanning Tour - 2008
Implementation Idea Categories
Legal framework for right-of-way and utility processes Transportation project delivery methods Project development process Right-of-way acquisition Utility coordination and utility conflict management Real property management Project team strategies, training, and professional
development
Right-of-Way and Utilities International Scanning Tour - 2008
Top Implementation Ideas
1. Integrate right-of-way acquisition and utility coordination in an alliance contract approach
2. Enhance cooperative relationship with property owners to facilitate timely property acquisition
3. Promote visualization techniques to communicate anticipated project impacts to property owners
4. Develop framework to establish proficiency of right-of-way and utility professionals in core disciplines
5. Promote incentive-based reimbursement for utility relocations
Right-of-Way and Utilities International Scanning Tour - 2008
Top Implementation Ideas
6. Pursue strategies to facilitate corridor preservation
7. Promote use of multiple-level MOU structure among transportation and utility interests
8. Develop GIS-based right-of-way project and asset management systems
9. Promote the use of best practices in utility coordination during the construction phase
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Implementation Next Steps
Scan Team Implementation Plan Captures goals, benefits, strategies, status Scan funding available for initiatives and activities:
Utility-DOT Memorandum of Understanding Synthesis Report
Peer Exchange addressing cooperative and timely property acquisition
Formation of Expert Task Group
Right-of-Way and Utilities International Scanning Tour - 2008
Expert Task Group
Purpose Resource to support right-of-way and utilities
project and program initiatives Outreach and communication network to promote
scan findings and implementation ideas Liaison with other like-minded industry working
groups Monitor effectiveness of scan implementation
ideas
Right-of-Way and Utilities International Scanning Tour - 2008
Next Steps…
Organize ROW/ Utility communities to implement ideas
Initiate activities quickly to keep momentum Continued outreach and information sharing
IRWA, AASHTO, TRB, etc.
Right-of-Way and Utilities International Scanning Tour - 2008
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Implementation Ideas Broad promotion at FHWA Education, Outreach, “Americanization” of concept Identification of Pilot Project and States Document and Share lessons Long term (5 year) effort
Right-of-Way and Utilities International Scanning Tour - 2008
Alliance Contracting:What Sets it Apart “Best-for-the Project”
philosophy Hand Selection of
alliance members Integration of Business
Focus Sharing of benefits and
risks Engages right-of-way and
utility stakeholders effectively
Alliance Contracting: Best Scenarios Scope and project definition issues High stakeholder input likely Project size justifies Alliance start-up costs Risk management issues high Timetables are tight Innovation and improved constructability are
being sought
Alliance Contracting: Considerations
High demands on senior management
High potential for improved constructability
High potential for innovativeness
May not achieve the most competitive price for construction
Low potential for disputes/claims
Alliance Contracting: Implementation Activities
Broad promotion at FHWA Leverage opportunities Education, Outreach, “Americanization” of
concept Identification of Pilot Project and States Document and Share lessons Long term (5 year) effort
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Visualization Techniques
Benefits Effective communication tool leading to less contentious
relationships with land owners Effective in expediting project delivery
Implementation Activities Advance a “state of the practice” survey Continued promotion Develop guidance for budgeting and estimating
visualization costs for project development activities
Right-of-Way and Utilities International Scanning Tour - 2008
Visualization Techniques
AASHTO Visualization Survey
Right-of-Way and Utilities International Scanning Tour - 2008
Visualization Techniques
Continued Promotion of Visualization Techniques 2006 Domestic Scan: Best Practices in Right-of-Way
Acquisition and Utility Relocation Minnesota Right-of Way Visualization
2007 Visualization Case Studies: Volpe Center for FHWA Office of Interstate and Border Planning
2009 Applications of 3-D Visualization: FHWA Office of Interstate and Border Planning
Right-of-Way and Utilities International Scanning Tour - 2008
Visualization Techniques
Guidance FHWA Office of Real Estate Services Research
Study Techniques most suitable for using visualization Compare and contrast methods for effectiveness and cost Best practices for right-of-way acquisition Cost data Report
FHWA web-based “one-stop shop”
Right-of-Way and Utilities International Scanning Tour - 2008
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems
Benefits Effective planning tool Efficiencies to property management staff Better data exchange between stakeholders
Implementation Activities Implement results of recent research projects Develop national standards for real property asset depiction Pilot a GIS-based property management system
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems Australian Practices
Land titles are Torrens titles NSW: 51,000 parcels in Property Information
Management System (PIMS) South Australia: GIS application depicts location
of land that may be affected by future corridors Victoria: GIS-based system that enables long-
term management of right-of-way assets
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems Canadian Practices
Alberta Building and Land Inventory Management System
(BLIMS) Land Automated Information System (LAIS) Spatial Information System (SPIN 2)
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems [Cesar: Please insert slides here … ]
Parcel owned by VicRoads Road owned by VicRoads
Not owned by VicRoads Road surrendered to Melbourne City Link Authority
Sold by VicRoads
GIS-Based ROW Asset Management Systems Early identification of
corridors, registration with the Registrar of Titles, and production of public acquisition overlays
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems Standards for depiction of real property
FGDC Cadastral Data Content Standard Cadastral data Parcel Rights and interests Restrictions
Cadastral National Spatial Data Infrastructure (NSDI) Vendor-driven parcel data models Need to develop up-to-date national standard
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems Recent/Current Initiatives
NCHRP 8-55A “Logical Model for a Geo-Spatial Right-of-Way Land Management System”
TxDOT Research Project 0-5788 “Right-of-Way Real Property Asset Management Architecture”
NCHRP 20-84 “Improved Right-of-Way Procedures and Business Practices”
Implementation idea: Pooled fund project to test a GIS-based property asset management system
Right-of-Way and Utilities International Scanning Tour - 2008
GIS-Based Right-of-Way Asset Management Systems
Right-of-Way and Utilities International Scanning Tour - 2008
Note: Blue represents TxDOT ownership; yellow represents ownership by others.
GIS-Based Right-of-Way Asset Management Systems
Transportation Operations Group
6: Develop Prototype GIS-Based ROW Asset Data Platform
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Multiple-level MOU Structures
Benefits Potential to optimize relationships Improves programmatic and project-specific
operations Implementation Activities
Compare Australian models to any existing U.S. corollaries
Develop template language Pilot MOU at a DOT and Utility Continue education and outreach
Right-of-Way and Utilities International Scanning Tour - 2008
Multiple-level MOU Structures:Completed Implementation ActivitiesSynthesis Report Compares Australian models to any existing
U.S. corollaries Establishes of template MOU language Identifies of candidate pilot DOTs Suggests steps for successful
implementation by DOTs
Right-of-Way and Utilities International Scanning Tour - 2008
Department of Main Roads (Queensland) and EnergexRelationship Issues Differing design priorities Environmental concerns Planning inconsistencies Cost estimating uncertainties Project delays Differing organizational protocols
Right-of-Way and Utilities International Scanning Tour - 2008
Main Roads and Entergex:
High-Level MOU focus areas Corridor planning, Access and Infrastructure
Design Construction and Maintenance
Right-of-Way and Utilities International Scanning Tour - 2008
Right-of-Way and Utilities International Scanning Tour - 2008
Main Roads and Energex:Outcomes Achieved Higher levels of trust Roles & responsibilities more clearly defined Objectives benefit both parties Open sharing of confidential information Improved cost estimating Organizational time and cost savings
Right-of-Way and Utilities International Scanning Tour - 2008
Australian and American Agreements:Similarities and Differences “Communicate, Coordinate, Collaborate”
goals align Australia’s agreements originate at higher
organizational level American agreements focus on access and
reimbursement Compliance expectations differ
Right-of-Way and Utilities International Scanning Tour - 2008
Transmission of Final MOU Report Development of effectiveness metrics Peer Exchange with pilot states Progress monitoring to AASHTO, FHWA,
industry
Right-of-Way and Utilities International Scanning Tour - 2008
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Benefits Focuses on staff retention and discipline expertise
issues that affect all agencies and organizations Implementation Activities
Monitor status of related efforts Assess existing courses (e.g., NHI) Develop coursework lists Develop formal curricula Establish staff exchange programs
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Summary of Findings Strong emphasis on continual training and
professional development Most training at the project level Succession planning has renewed focus DOT/property owner relationships a key factor
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Australia University programs for property valuers (appraisers) Curriculum focus on business/real estate/law courses Australian Property Institute
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Australia: New South Wales NSW valuers must register with Office of Fair Trade NSW Streets Opening Conference pilot training
program Utility relocation training Module training by utility type Plan reading Formal accreditation process for utility location
services
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Australia: Victoria VicRoads International Export of professional services Management and consultancy services in 25
countries Opportunity to work abroad and promote growth Higher employee retention Recruiting strategy
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Canada: Alberta Outsourcing of most ROW services Retaining more work internally to train future
managers Active participation in Appraisal Institute of Canada
and IRWA Alberta Expropriation Association Olds College – 2 year land agent program
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Canada: Ontario Most right-of-way work outsourced, except
acquisition Retaining more work internally to train future
managers/leaders Retention and professional development includes
flexibility and training
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Implementation Ideas Develop standard education framework Don’t let the knowledge get away Collaborative effort to right-of-way training
Right-of-Way and Utilities International Scanning Tour - 2008
Professional Proficiency
Ongoing Training Initiatives FHWA
Web-based training tool for Realty Officers Web-based Realty Capacity Building (RCB) Navigator http://www.fhwa.dot.gov/navigator.aspx Learning and Development Seminar Working with NHI, IRWA, AASHTO, and others to
enhance training options
Right-of-Way and Utilities International Scanning Tour - 2008
AASHTO Professional development committee to study
proficiency requirements Users of right-of-way services education
Right-of-Way and Utilities International Scanning Tour - 2008
Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A
Right-of-Way and Utilities International Scanning Tour - 2008
Summary of Other Top Implementation Recommendations
Right-of-Way and Utilities International Scanning Tour - 2008
Enhancing Cooperative Relationships with Property Owners
Benefits Acquisition processes occur more effectively Earlier acquisition leads to earlier project completion
Implementation Ideas Assess and capture current practices Conduct cost-benefit analyses of practices Develop education and training materials for ROW
professionals and property owners
Right-of-Way and Utilities International Scanning Tour - 2008
Promote Incentive-Based Reimbursement for Utility Relocations Benefits
Potential expedition of project delivery Promotes close transportation-utility coordination
Implementation Activities Synthesis study for current practice Establish legislative template/model Pilot concept at DOTs
Right-of-Way and Utilities International Scanning Tour - 2008
Pursue Strategies to Facilitate Corridor Preservation Benefits
Environmentally-friendly approach Cost-effective
Implementation Activities Establish protocols Promote mechanisms for earlier acquisition Facilitate information exchanges among all stakeholders
Right-of-Way and Utilities International Scanning Tour - 2008
Promote Best Practices in Utility Coordination During Construction Benefits Reduced risk of contract modifications Enhanced project delivery More effective application of agency/utility resources
Implementation Activities Distribute information on state-of-the-practice Synthesize information on best practices Update AASHTO Utility Guidelines
Right-of-Way and Utilities International Scanning Tour - 2008
Success
Testing and Implementation of Ideas To Improve Integration of ROW / Utilities in
Project Development and Delivery
Right-of-Way and Utilities International Scanning Tour - 2008
Right-of-Way and Utilities International Scanning Tour - 2008