Transportation, Preconstruction, Right-of-Way Acquisition

Rule R933-1

Right of Way Acquisition

Notice of Proposed Rule

(Amendment)

DAR File No.: 35429
Filed: 11/14/2011 09:12:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clarify when the requirements of this rule regarding documents and authorities apply to the purchase, sale, or exchange of property and to make minor grammatical corrections.

Summary of the rule or change:

This rule amendment provides the department discretion as it relates to the documents and authorities it deems necessary or appropriate to ensure the value of real property is congruent with the proposed price and other terms of purchase, sale or exchange, and makes minor grammatical corrections.

State statutory or constitutional authorization for this rule:

• Section 72-5-117

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because the amendment provides the department additional discretion as it relates to the documents and authorities it deems necessary or appropriate to ensure the value of real property is congruent with the proposed price and other terms of purchase, sale or exchange, and inasmuch as the department already handles property acquisition.

local governments:

There are no anticipated costs or savings to local government because the amendment provides the department additional discretion as it relates to the documents and authorities it deems necessary or appropriate to ensure the value of real property is congruent with the proposed price and other terms of purchase, sale or exchange, and inasmuch as the department already handles property acquisition.

small businesses:

There are no anticipated costs or savings to small businesses because the amendment provides the department additional discretion as it relates to the documents and authorities it deems necessary or appropriate to ensure the value of real property is congruent with the proposed price and other terms of purchase, sale or exchange, and inasmuch as 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 provides the department additional discretion as it relates to the documents and authorities it deems necessary or appropriate to ensure the value of real property is congruent with the proposed price and other terms of purchase, sale or exchange, and inasmuch as the department already handles property acquisition.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons because the amendment provides the department additional discretion as it relates to the documents and authorities it deems necessary or appropriate to ensure the value of real property is congruent with the proposed price and other terms of purchase, sale or exchange, and inasmuch as the department already handles property acquisition.

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 the amendment only addresses the acquisition of rights of way and the purchase, sale and exchange of real property, 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
CALVIN L RAMPTON COMPLEX
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 [email protected]

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:

01/03/2012

This rule may become effective on:

01/10/2012

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. Incorporation of Federal Regulations for Federal Financial Assistance Projects.

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 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]may 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 [D]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]do 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

Date of Enactment or Last Substantive Amendment: [March 10, 2011]2012

Notice of Continuation: November 1, 2011

Authorizing, and Implemented or Interpreted Law: 72-5-117