UDOT

The Acquisition and Relocation Services group is responsible for acquiring the property needed for highway projects. Relocation assistance is also available to property owners that are displaced as a result of the project. To view a copy of the most recent Right-of -Way Operations Manual please click the button below. This Manual provides direction and guidance to personnel who carry out UDOT’s right-of-way program. Its content is applicable to UDOT staff, right-of-way consultants and local agency personnel who acquire right-of-way on jointly funded projects. The Manual addresses all major right-of-way functions including valuation, acquisition, condemnation, relocation, property management and contracting for right-of-way services. It also covers important UDOT administrative processes and the role of Right-of-Way personnel assigned to self-directed project teams under UDOT’s development process. The provisions of this Manual comply with Utah and Federal statutes and regulations. The Federal Highway Administration has reviewed reviewed and accepted the 2018 revisions to the Manual as meeting the requirement (23 CFR 710.201) that each State DOT maintain a manual that describes its policies and practices for all phases of the right-of-way program. The Manual is an authoritative and a stand-alone guide, which references other UDOT manuals or authorities and also includes electronic links to forms and other materials that can be referenced in that manner. It includes all State and Federal requirements for executing the right-of-way program. Staff and consultants who work under its scope are required to comply with its provisions. However, the Department recognizes that projects sometimes present situations that cannot be anticipated or addresses in formal policy. Complex or unique cases involving acquisition, relocation or other phases should be individually considered. Right-of-Way staff will inform the Project Manager and other leadership positions about special situations as soon as they are identified. This will enable prompt decisions to resolve issues. Decisions on such cases will comply with laws, meet the intent of this Manual and be fair to all parties. Manual Revisions and Updates This Manual will be updated as necessary to conform to changes in law, regulations and UDOT organization. It will also be revised to incorporate better practices identified through Quality Control/Quality Assurance (QC/QA) activities. The Department will certify to Federal Highway Administration every five years that the Manual conforms to existing practices and that procedures comply with Federal and State laws and regulations. Each person using the Manual has a responsibility to contribute to its improvement. Users are invited to make suggestions, supported by comments, to the Director of Right-of-Way or to Right-of-Way Division Team Leaders. The Director of Right-of-Way is authorized to interpret, clarify or approve exceptions to provisions of the Manual. This may be done where application of policy as written might be misunderstood or have an unintended effect when applied to special situations. All interpretations, clarifications and expectations must comply with requirements of State or Federal laws or regulations. Last editied: 22-AUG-2018 (certification by FHWA on 17-DEC-2018 notation added on 19-DEC-2018)

Corridor Preservation (future projects): The Intermodal Surface Transportation Efficiency Act of 1991 formally introduced the concept of corridor preservation, requiring states to consider “preservation of rights of way for construction of future transportation projects…and identify those corridors for which action is most needed to prevent destruction or loss.” While strongly promoted at the federal level, it has been left to the individual states to develop techniques and programs for corridor preservation. In 1996, the Utah Legislature created the Marda Dillree Corridor Preservation Fund. For more information please see Utah Code 72-7-117. Through the Marda Dillree Corridor Preservation Fund, UDOT works to preserve future transportation corridors by acquiring rights of way that meet certain eligibility requirements. If you are interested in selling your property to the state for corridor preservation purposes, please follow the links below. It is important to note that corridor preservation is voluntary, and the power of eminent domain cannot and will not be used for such purposes. As a result, UDOT is required to provide the following notice to parties engaging in a corridor preservation sale pursuant to Utah Code 72-5-407 (and this notice will appear in all contracts for corridor preservation sales): By signing below, Grantor acknowledges that it has received notice that because the Grantor has agreed to sell the property to a governmental entity on a voluntary basis (1) if this is greenbelt property, Grantor is required to pay any rollback taxes in accordance with Utah Code 59-2-511(2)(b); and (2) Grantor is not eligible to receive relocation assistance under Utah Code, Title 57, Chapter 12, Utah Relocation Assistance Act. Grantor further acknowledges that it has received notice that if Grantor does not sell the property to a governmental entity on a voluntary basis and a governmental entity later acquires the property under eminent domain or under the threat or imminence of eminent domain proceedings: (1) if this is a greenbelt property, Grantor would not be required to pay the rollback tax in accordance with Utah Code 59-2-511(3); and (2) Grantor may be eligible to receive relocation assistance under Utah Code, Title 57, Chapter 12, Utah Relocation Assistance Act. Corridor Preservation Process

Current Budget Obligation Documents

Hardship Acquisition Questionaire Corridor Preservation Advisory Council This committee provides recommendations to the Transportation Commission for the use of Transportation Corridor Preservation Revolving Loan Fund monies. It is chaired by the Director of Right-of-Way and contains two Commission members, a designated member from each Metropolitan Planning Organization (MPO) and any additional members appointed by the Commission or council. Agendas and minutes are available on the Public Meeting Notice website. One or more members of the Corridor Preservation Advisory Council may participate electronically or telephonically pursuant to Utah Code 52-4-207(2). Please direct any questions or comments to Lynn Starley at the Utah Department of Transportation, 4501 S 2700 W, Box 148420, Salt Lake City, Utah 84114-8420, or email lstarley@utah.gov, or call (801) 965-4209. Upcoming Public Meetings Local Corridor Preservation Funding (2005 SB8) In the 2005 Legislative Session, Senator Killpack successfully sponsored legislation that provides for the advance acquisition of right-of-way for highways of regional significance. Senate Bill 8, which incorporates the provisions of Sections 72-2-117, 72-2-117.5, and 41-1a-1222 of the Utah Code Annotated, which provides for a locally (County) imposed fee upon each motor vehicle in the County, of up to Ten Dollars ($10.00), for the purpose of the advance acquisition of right-of-way. Such a fee would enable cities in the County, to better plan for future transportation needs, by acquiring property to be used as future right-of-way, before it is fully developed and becomes extremely difficult to acquire. Funds generated in each participating County will be held in account for that County for use as prescribed in Senate Bill 8. The Utah Department of Transportation does not program or control the revenue generated under the Local Corridor Preservation Fund. The Utah Department of Transportation as been designated, by the Utah Legislature, as the entity to hold on account the revenue generated. Upon County Council of Government notice, as well as SB8 provision satisfaction, the Utah Department of Transportation will release appropriate fund monies. Local Corridor Preservation Funding, Senate Bill 8, as enrolled from the 2005 general session of the Utah legislature requires the Utah Department of Transportation to: • Develop and implement a program to educate highway authorities on the objectives, application process, use, and responsibilities of the fund monies; • Develop a model transportation corridor property acquisition policy or ordinance that meets federal requirements; • Authorize the expenditure of fund monies after determining that the expenditure is being made in accordance with certain provisions from applications by a highway authority and endorsed by the council of governments; Senate Bill 8 Enrolled Individual County Revenue Potential Adoption and Application A county interested in participating in the Local Corridor Preservation Fund must declare their interest and be accepted prior to April 1, 2006. Simply, County authorities contact the Utah Tax Commission with their declaration of participation in the LCPF and the appropriate motor vehicle registration/renewal fee basis amount. Fees will then begin generation July 1, 2006. Adoption Checklist A sample ordinance of adoption has been developed to assist individual Counties desiring to declare intent of participation. Also, provided are a sample letter and resolution of municipal support of SB8. Sample County Ordinance of Adoption Sample Letter of Support by Cities Sample City Resolution of Support Access Management Plan – Local Government FAQ’s on SB8 PowerPoint

Right-of-Way Design Documentation & Forms Regulations of 49 CFR Part 24 Relocation Assistance Brochure FHWA Office of Real Estate Service Project Development Guide Fixed Residential Moving Cost Schedule Entering Projects into EPM for Right-of-Way E-Summary Spreadsheet Instructions for EPM EPM (Electronic Program Management System for UDOT Current UDOT Projects Office of the Property Ombudsman