Transportation, Preconstruction, Right-of-Way Acquisition

Rule R933-1

Right of Way Acquisition

Notice of Proposed Rule

(Amendment)

DAR File No.: 34363
Filed: 01/13/2011 05:29:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a purpose and authority section, incorporate 49 CFR 24 (with one exception) for state-funded projects that do not receive federal financial assistance, and to enact requirements for the purchase, sale or exchange of real property as required by Section 72-5-117.

Summary of the rule or change:

The proposed rule change would add a purpose and authority section, incorporate 49 CFR 24 (with one exception) for state-funded projects that do not receive federal financial assistance, and enact requirements for the purchase, sale or exchange of real property as required by Section 72-5-117.

State statutory or constitutional authorization for this rule:

• Section 72-5-117

This rule or change incorporates by reference the following material:

• Updates 49 CFR 24, published by Government Printing Office, 2005
• Adds 49 CFR 24, published by Government Printing Office, 2005

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the amendment only describes the manner is which the department already handles property acquisition.

local governments:

There are no anticipated costs or savings to local government because the amendment only describes the manner is which the department already handles property acquisition.

small businesses:

There are no anticipated costs or savings to small businesses because the amendment only describes the manner is which the department already handles property acquisition.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities because the amendment only describes the manner in which the department already handles property acquisition.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the amendment only describes the manner in which the department already handles property acquisition. The department will continue to incur the expense of appraisals as required by law.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts on businesses from this amendment because it only addresses the acquisition of rights of way and enacts the current practices of the Department as required by state and federal law.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Preconstruction, Right-of-Way Acquisition
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2011

This rule may become effective on:

03/10/2011

Authorized by:

John Njord, Executive Director

R933. Transportation, Preconstruction, Right of Way Acquisition.

R933-1. Right of Way Acquisition.

R933-1-1. Purpose and Authority.

This rule provides the department's procedures for right of way acquisition and the purchase, sale, and exchange of real property. This rule is required by Section 72-5-117 and is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

 

R933-1-2. [Right of Way Acquisition]Incorporation of Federal [Publication]Regulations for Federal Financial Assistance Projects.

The State of Utah incorporates by reference 49 CFR 24 as amended in the Federal Register, [March 2, 1989]on January 4, 2005, as its administrative rules on the acquisition of rights of way for [federal-aid] projects receiving federal financial assistance.

 

R933-1-3. Partial Incorporation of Federal Regulations for State Projects Funded Without Federal Financial Assistance.

The State of Utah incorporates by reference 49 CFR 24 as amended in the Federal Register on January 4, 2005, as its administrative rules on the acquisition of rights of way for projects that do not receive federal financial assistance, except that 49 CFR 24.107 is not incorporated and shall not be the basis for recovery of attorney fees or other litigation expenses specified therein. Attorney fees and other litigation expenses shall only be recoverable for projects that do not receive federal financial assistance to the extent expressly provided for by state law.

 

R933-1-4. Requirements for Purchase, Sale, or Exchange of Real Property.

(1) When purchasing, selling, or exchanging real property, the department shall obtain and review the following documents and authorities as the department deems it necessary or appropriate to ensure that the value of the real property is congruent with the proposed price and other terms of purchase, sale, or exchange:

(a) title insurance commitment;

(b) an environmental assessment;

(c) an engineering assessment;

(d) applicable regulatory codes;

(e) an appraisal;

(f) an analysis of past maintenance and operational expenses, when available;

(g) the situs, zoning, and planning information;

(h) a land survey; and

(i) other requirements determined necessary by the Department.

(2) This rule shall apply to all purchases, sales, and exchanges of the department, except as otherwise allowed, required or governed by state or federal law. For projects not receiving federal financial assistance, the requirements of this rule shall not apply to the purchase, sale, or exchange of property, or to an interest in real property that is under a contract or other written agreement prior to May 5, 2008, or with a value of less than $100,000, as estimated by the department.

 

KEY: right of way acquisition , condemnation[, highway beautification]

Date of Enactment or Last Substantive Amendment: [November 20, 2001]2011

Notice of Continuation: November 29, 2006

Authorizing, and Implemented or Interpreted Law: 72-5-117[7-501]