City Council With Mayor Presiding  — Burlington, VT
Date: 2026-06-01
Time: 19:05

City Council With Mayor Presiding

  Monday, June 1, 2026, 7:05 PM, Contois Auditorium, 149 Church Street, 2nd Floor

Join from PC, Mac, iPad, or Android:

https://zoom.us/j/94005158653

Phone one-tap:

+19292056099, 94005158653# US (New York)

Join via audio:

+1 305 224 1968 US

Webinar ID: 940 0515 8653

International numbers available: https://zoom.us/u/awvIhyAjg




**CCTV link: https://www.youtube.com/playlist?list=PLljLFn4BZd2PwCge7lNoKug676jIf_iUA **


1. Agenda
 Subject 1.1. Motion to adopt agenda
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 1. Agenda

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adopt agenda

2. Deliberative Agenda
 Subject 2.1. Colchester Riverside Barrett: Intersection Project - Burlington STP
 5000(29) Compensation Hearing - DPW
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 2. Deliberative Agenda

 Department Public Works Department


 Type Action


 Recommended Action We respectfully request the City Council with Mayor Presiding take one of the following
 actions: Either:
 A. Approve a motion to close the compensation hearing and direct City Staff to prepare
 an Order Determining Damages for all properties considered at this Hearing.
 OR, alternatively, if the City Council decides more time is required:
 B. Approve a motion to continue the compensation hearing to the Council’s June 15,
 2026 meeting.

 Subject 2.2. Resolution: Appointment Process For Commission Board Appointments
 (Councilor Bergman)
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 2. Deliberative Agenda

 Department Mayor's Office


 Type Action
 Resolution


 Recommended Action waive the reading and adopt the resolution

3. Adjournment
 Subject 3.1. Motion to adjourn
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 3. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn

City Council With Mayor Presiding

  Monday, June 1, 2026, 7:05 PM, Contois Auditorium, 149 Church Street, 2nd Floor

Join from PC, Mac, iPad, or Android:

https://zoom.us/j/94005158653

Phone one-tap:

+19292056099, 94005158653# US (New York)

Join via audio:

+1 305 224 1968 US

Webinar ID: 940 0515 8653

International numbers available: https://zoom.us/u/awvIhyAjg




**CCTV link: https://www.youtube.com/playlist?list=PLljLFn4BZd2PwCge7lNoKug676jIf_iUA **


1. Agenda
 Subject 1.1. Motion to adopt agenda
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 1. Agenda

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adopt agenda

2. Deliberative Agenda
 Subject 2.1. Colchester Riverside Barrett: Intersection Project - Burlington STP
 5000(29) Compensation Hearing - DPW




 Page 1 of 198
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 2. Deliberative Agenda

 Department Public Works Department


 Type Action


 Recommended Action We respectfully request the City Council with Mayor Presiding take one of the following
 actions: Either:
 A. Approve a motion to close the compensation hearing and direct City Staff to prepare
 an Order Determining Damages for all properties considered at this Hearing.
 OR, alternatively, if the City Council decides more time is required:
 B. Approve a motion to continue the compensation hearing to the Council’s June 15,
 2026 meeting.

 Subject 2.2. Resolution: Appointment Process For Commission Board Appointments
 (Councilor Bergman)
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 2. Deliberative Agenda

 Department Mayor's Office


 Type Action
 Resolution


 Recommended Action waive the reading and adopt the resolution

3. Adjournment
 Subject 3.1. Motion to adjourn
 Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026, 7:05
 PM, Contois Auditorium, 149 Church Street, 2nd Floor


 Category 3. Adjournment

 Department Council and Board


 Type Action
 Procedural


 Recommended Action Motion to adjourn




 Page 2 of 198
 City of Burlington
 Department of Public Works

 Technical Services Engineering Division
 645 Pine Street, Suite A
 Burlington, VT 05402
 P 802-863-9094 / F 802-863-0466 / TTY 802-863-0450
 www.burlingtonvt.gov/DPW




MEMORANDUM
Date: June 1st, 2026

To: City Council with Mayor Presiding

From: Madeline Suender, Public Works Engineer
 Laura Wheelock P.E., City Engineer

CC: Chapin Spencer, Director Public Works

Subject: Colchester Riverside Barrett Intersection Project - Burlington STP 5000(29)
 Compensation Hearing


REQUEST:
We respectfully request the City Council with Mayor Presiding take one of the following
actions:
 Either:
 A. Approve a motion to close the compensation hearing and direct City Staff to
 prepare an Order Determining Damages for all properties considered at this
 Hearing.

 OR, alternatively, if the City Council decides more time is required:

 B. Approve a motion to continue the compensation hearing to the Council’s June
 15, 2026 meeting.

UPDATE:
Since the May 21, 2026 City Council with Mayor Presiding meeting where we opened the
Compensation process, staff have confirmed that PO1, 448-450 Colchester Ave, has signed their
agreement (Exhibit I-16). Additionally, PO10, 475 Colchester Ave, signed their easement as of
5/29/26 (Exhibit I-17). These two properties, no longer need to go through the condemnation
process. Discussions are still underway between VTrans and the only remaining property
owner, PO8, 457-459 Colchester Ave.




 Page 3 of 198
This request is supported by information presented to the City Council with Mayor Presiding at
the following meetings:
 1) April 13, 2026 – Finding to initiate proceedings pursuant to Condemnation
 2) May 21, 2026 – 8:30 AM Site Visit to all properties considered under this Hearing
 3) May 21, 2026 – 6:00 PM Condemnation Hearing for all properties considered under this
 Hearing


RIGHT-OF-WAY NEGOTIATIONS AND OFFERS OF COMPENSATION:
DPW supports the Intersection Project and the acquisition of the necessary ROW easements; as
well as fair and just compensation for said easements to the property owner.

At the hearing, VTrans staff will provide an overview of the ROW Offers of Compensation and
current status of the outstanding parcels related to the reconstruction of the
COBARI/Intersection Project.

OUTSTANDING IMPACTED PARCEL:
Parcel Owner 8 (PO8): 457-459 Colchester Ave



NEW Exhibits:
 I-15. VTrans 2025 ROW Manual
 I-16. Signed Easement for PO1
 I-17. Signed Easement for PO10




 Page 4 of 198
NEW Exhibits:
 I-15. VTrans 2025 ROW Manual
 I-16. Signed Easement for PO1
 I-17. Signed Easement for PO10




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Vermont Agency of Transportation




Right of Way Manual
FHWA Approved




June 2025

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Contents
 Chapter 1 ADMINISTRATION ............................................................................................................ 1-1
 GENERAL INFORMATION ............................................................................................................ 1-1
 Chapter 2 PLANS AND TITLES .......................................................................................................... 2-1
 EXISTING RIGHT OF WAY ........................................................................................................... 2-1
 PLAN PREPARATION REQUIREMENTS AND CRITERIA........................................................ 2-2
 PARCEL FILE PREPARATION (COMPILE TITLES) ................................................................... 2-9
 PRELIMINARY ROW PLANS REVIEW PROCESS ................................................................... 2-14
 RIGHT OF WAY TECHNICIAN ................................................................................................... 2-16
 TRIAL AND HEARING PREPARATION..................................................................................... 2-17
 Chapter 3 APPRAISAL ......................................................................................................................... 3-1
 GENERAL ......................................................................................................................................... 3-1
 APPRAISALS.................................................................................................................................. 3-12
 MISCELLANEOUS ........................................................................................................................ 3-17
 Chapter 4 WAIVER VALUATION ESTIMATES ............................................................................... 4-1
 GENERAL ......................................................................................................................................... 4-1
 PROCESS .......................................................................................................................................... 4-1
 JUST COMPENSATION .................................................................................................................. 4-2
 DELIVERY OF OFFER .................................................................................................................... 4-2
 Chapter 5 APPRAISAL REVIEW......................................................................................................... 5-1
 GENERAL ......................................................................................................................................... 5-1
 APPRAISAL REVIEW PROCEDURES .......................................................................................... 5-2
 JUST COMPENSATION DETERMINATIONS .............................................................................. 5-3
 APPRAISAL REVIEW FORMS....................................................................................................... 5-4
 Chapter 6 ACQUISITION ..................................................................................................................... 6-5
 GENERAL ......................................................................................................................................... 6-5
 GENERAL PROVISIONS AND PROJECT PROCEDURES .......................................................... 6-7
 NEGOTIATIONS ............................................................................................................................ 6-14
 DOCUMENTS TEAM .................................................................................................................... 6-30
 Chapter 7 RELOCATION ASSISTANCE .......................................................................................... 7-31
 GENERAL ....................................................................................................................................... 7-31
 GENERAL RELOCATION REQUIREMENTS ............................................................................ 7-46
 MOVING PAYMENTS................................................................................................................... 7-53
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 REPLACEMENT HOUSING PAYMENTS ................................................................................... 7-63
 REPLACEMENT HOUSING OF LAST RESORT ........................................................................ 7-74
 MOBILE HOMES ........................................................................................................................... 7-79
 RELOCATION ASSISTANCE – STATE ONLY FUNDED PROJECTS ..................................... 7-82
Chapter 8 PROPERTY MANAGEMENT............................................................................................. 8-1
 GENERAL ......................................................................................................................................... 8-1
 DISPOSAL OF IMPROVEMENTS .................................................................................................. 8-3
 RENTAL OF STATE-OWNED PROPERTY................................................................................... 8-9
 DISPOSAL OF SURPLUS REAL PROPERTY ............................................................................. 8-14
 DEMOLITION COST ESTIMATES .............................................................................................. 8-22
 RIGHT OF WAY FIELD OFFICES ............................................................................................... 8-22
 RIGHT OF WAY INVENTORY .................................................................................................... 8-23
Chapter 9 CONDEMNATION .............................................................................................................. 9-1
 GENERAL ......................................................................................................................................... 9-1
 SETTLEMENTS AND AWARDS.................................................................................................... 9-5
 LEGAL .............................................................................................................................................. 9-7
Chapter 10 ACQUISITION PROCEDURES FOR LOCAL PUBLIC AGENCIES ......................... 10-13
 GENERAL ..................................................................................................................................... 10-13
 RESPONSIBILITY........................................................................................................................ 10-13
 PROJECT APPLICATION ........................................................................................................... 10-13
 PROGRAMMING ......................................................................................................................... 10-13
 RIGHT OF WAY PROJECT AGREEMENT ............................................................................... 10-14
 PLANS AND TITLES ................................................................................................................... 10-15
 DOCUMENTS............................................................................................................................... 10-15
 APPRAISALS................................................................................................................................ 10-16
 NEGOTIATIONS AND CONDEMNATIONS............................................................................. 10-17
 RELOCATION ASSISTANCE ..................................................................................................... 10-18
 PROPERTY MANAGEMENT ..................................................................................................... 10-18
 INCIDENTAL TRANSFER EXPENSES ..................................................................................... 10-19
 PROJECT MONITORING AND AUDIT ..................................................................................... 10-19




 TOC-2


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Abbreviations



The following standard abbreviations may be used within the Right of Way Section without further
explanation. In correspondence outside the Right of Way Section, abbreviations are not used. When using
an abbreviation other than those given below,the abbreviation is defined by showing it in parentheses at
the first opportunity in the text.



AG Attorney General

AAG Assistant Attorney General

CADD Computer Aided Drafting & Design

CE Categorical Exclusion

C.F.R. Code of Federal Regulations

FHWA Federal Highway Administration

IRS Internal Revenue Service

LLC Limited Liability Company

MA Municipal Assistance

LPA Local Public Agency

NEPA National Environmental Policy Act

PS&E Plans, Specifications, and Estimate

PTR Vermont Property Transfer Tax Return

ROW Right of Way

R.T. & I. Rights, Title, and Interest

State State of Vermont

T‐Board Vermont State Transportation Board

U.S.C. United States Code

 Abbreviations-1


 Page 9 of 198
Uniform Act Uniform Relocation Assistance & Real Property Acquisition

 Act of 1970

VTrans / VAOT Vermont Agency of Transportation

V.S.A. Vermont Statutes Annotated




 Abbreviations-2


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Manual Updates
Date Section/Page Change




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This page is left blank intentionally




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Chapter 1 ADMINISTRATION
GENERAL INFORMATION
Purpose and Use

The intent of this manual is to provide direction and guidance to personnel who carry out VTrans Right of
Way functions. Its content is applicable to VTrans staff, Right of Way consultants, and local agency
personnel who acquire right of way on jointly funded projects. In addition, this Manual is a declaration to
the public, auditors, and the Federal Highway Administration (FHWA) as to how VTrans performs its
property acquisition and disposition responsibilities. The Manual addresses all major Right of Way
functions that include, but are not limited to development of ROW Plans, valuation, acquisition,
condemnation, relocation, and property management. The FHWA staff provides oversight in the
development and implementation of all policies and procedures defined in this manual to ensure VTrans’
compliance with federal mandates.

The provisions of this Manual comply with Vermont and Federal statutes and regulations; reference is
made to 23 C.F.R. § 710 and 49 C.F.R. § 24. The FHWA has reviewed and accepted this Manual as meeting
the requirements of 23 C.F.R. § 710.201that each State maintain a manual that describes its procedures
and practices for all functions of the Right of Way Program.

The Manual is an authoritative and stand‐alone guide. It includes all State and Federal requirements for
executing the Right of Way functions. Staff and consultants who work under its scope are required to
comply with its provisions. However, the Right of Way Section recognizes that projects sometimes present
situations that cannot be anticipated or addressed 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 and
regulations and meet the intent of this Manual.

Users of this manual must comply with all current applicable Federal and State laws and regulations,
whether or not the requirements are included in the FHWA approved ROW Manual.

Manual Revisions and Updates

This Manual will be updated as necessary to conform to changes in state and federal laws, and regulations,
and VTrans organization. It will also be revised to incorporate better practices identifiedthrough quality
control/quality assurance activities. In addition, Federal Highway Administration (FHWA) regulations
require VTrans to update and recertify the Manual and obtain FHWA approval for it every 5 years after
the approval date of the Manual (23 CFR 710.201(c)(2)). Whenever changes are made affecting the content
of this Manual, necessary changes shall be made by VTrans and submitted to FHWA for approval within
60 days of the change.

The Right of Way Program Manager 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 exceptions
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 Page 13 of 198
must comply with requirements of State or Federal laws and regulations.

Quality Assurance and Quality Control

All Property Office personnel, at every level and function, share a responsibility to strive for and maintain
a high standard of work quality. Quality is as much a concern to project level professionals, and support
staff, as it is to administrators. It is the purpose of this chapter to define a comprehensive and integrated
program for incorporating awareness and achievement of quality into the work activities of all right of way
staff.

The quality assurance/quality control (QA/QC) process is based on the following concepts:

Quality is a responsibility of each individual employee and not solely a management responsibility.

Quality is a continuous process, not an intermittent concern to address deficiencies that surface. Quality is
proactive, not reactive. Quality is a journey, rather than a destination. Quality is a specific, not an
ambiguous concept. Quality is reflected in criteria and standards of performance and accomplishment.
Quality is customer oriented. The right of way process has a diverse set of customers, including property
owners, displacees, and the VTrans units that use or depend on the completion of right of way services.
Thus, each right of way function must identify its customers and define quality performance in relation to
their needs.

Quality Control - is a process improvement activity that is undertaken at the operational or project level.
Each right of way staff member has an individual as well as a shared responsibility to actively contribute
to the delivery of quality products by performing tasks appropriate to their assignment and span of
organizational influence.

Quality Assurance - is the management process that ensures conformance of right of way operations to
the Department’s mission and goals in the most effective manner and ensures that the right of way process
complies with requirements of law, regulations, and policy. Quality assurance involves independently
evaluating and testing the activities in the right of way process, including the quality control processes.
Actions are taken to modify the elements in the process as necessary to better conform to Departmental
mission and goals, as well as controlling legal, funding and regulatory authorities.

Minority/Non-Minority Compliance

Right of Way will comply accordingly on all Federal‐aid transportation projects in accordance with the
provisions of Title VI of the Civil Rights Act of 1964, and 23 U.S.C.§ 324 and all other non‐discrimination
provisions.

Administrative Costs

Only those costs directly chargeable to the transportation project are eligible for Federalparticipation. The
administrative and central office expenses of VTrans and any political subdivision are not eligible for
Federal participation. Occasionally, situations do arise where it is necessary for the Right of Way Program
Manager to perform eligible participating duties as outlined in the policies and procedures governing

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reimbursement on Federal‐aid projects for employment of public employees.

Organization

The Right of Way Section is one of four sections in the Project Delivery Bureau under the direction of the
Highway Division Director/Chief Engineer. The Right of Way Section is located at VTrans’ central office
in Barre at 219 North Main Street.

The Right of Way Section is under the direction of the Right of Way Program Manager who manages and
coordinates the activities of five six units: Plans & Titles, Acquisition, Appraisal, Utility Relocation,
Property Management and Survey. The Right of Way Program Manager is responsible for the operation
of all phases of the Right of Way Section. Each person using the Manual has a responsibility to contribute
to its improvement. All users are invited to make suggestions, supported by comments, to the Right of
Way Program Manager or to various Right of Way Unit Supervisors.

Follow this link to view the Right of Way home page for contact information:

https://vtrans.vermont.gov/highway/row




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Chapter 2 PLANS AND TITLES
EXISTING RIGHT OF WAY
Existing Right of Way Research

Plans and Titles Agent is responsible for determining and plotting existing Right of Way (ROW). This
involves extracting information from many sources. These sources shall be identified on the ROW plans
(we don’t usually identify sources on ROW Plans, but we could. We don’t create ROW Plans until much
later in the process though)

Tools used to determine Existing ROW include, but are not limited to:

  Land Records
  VTrans Survey Records
  Monuments found in field inspections
  OnBase: booklets, half-size ROW plans, acquisitions, sell-offs, etc.
  ROW Spatial Data Hub
  Route Logs (paper and digital)
  Digital Print Room (DPR)
  ROW Database (The Cone)
  Property Management Records
  State Archives
  VTrans District Records
  UVM Special Collections

Deliverables for this phase of Right of Way include:

  A MicroStation file containing Existing ROW, Property Lines (P/L)s, Property Owner (P.O.)
 names, existing easements and encumbrances shown, and all applicable labels and notes.
  A digital Property Owner spreadsheet (named Pin# Property Owners) containing a list of all
 property owners along the subject project, with parcel address, mailing address, phone numbers
 and email addresses if possible), parcel tax map I.D., and parcel School Property Account
 Number (SPAN).
  A digital file containing all lead deeds for properties along the subject project, and any other
 pertinent land records documents (i.e. existing easements and encumbrances). Title work can be
 researched back to the full 40+ year search at this stage if time allows and we feel like there’s a
 good chance there will be new acquisitions needed. Title work should be more complete if we
 feel like there may be existing utility easements, or to research the location of property lines.
  A digital ROW Work Report describing the assignment, listing all sources used to recreate ROW
 and P/Ls, and a detailed description of the work done.




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PLAN PREPARATION REQUIREMENTS AND CRITERIA
Right of way plans are prepared by the Plans and Titles Unit of the Right of Way Section to provide the
technical data necessary when acquiring land and/or rights for the construction of transportation projects.

Right of way plans are prepared using a CADD reproducible of semi-final plans which contain the final
project design features including, but not limited to, the project centerline, construction limits, structures,
drainage, erosion control, and utility relocations.

All areas on a metric project will be shown in dual units. The metric areas will govern with the English
equivalents shown in parentheses for reference only (see metric policy and procedures at pages xxx of this
Chapter).

Major elements of the plans, shown in assembled order are:

  Title Sheet
  Legend Sheet
  Alphabetical Sheet(s) (if needed)
  Detail Sheet(s)
  Layout Sheet(s)

The following sheets are ancillary to the Right of Way set:

  Profile Sheet(s)
  Alignment Sheet(s)
  Tie Sheets(s)
  Plan and Elevation Sheet(s)
  Erosion Control Sheet(s)
  Utility Sheet(s) (if needed)
  Drainage Sheet(s) (if needed)
  Detour Sheet(s) (if needed)
  Typical Sheet(s)
 Landscape Sheet(s) (if needed)

The following paragraphs provide descriptions of each of these elements of the right of way plans.

Title Sheet

The title sheet is the first sheet of the right of way plans and shows the county, towns, town lines, town
roads, streams, rivers, lakes, and other symbols with the transportation project’s centerline superimposed
to show how the project relates to the area served. The finished title sheet will show the project’s beginning
and ending stations, relinquishments, maintenance zone, project length, project number, scale, approval
signatures, north arrow, “R.O.W.” plans designation, drive disclaimer, legislation, survey data, etc.

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Legend Sheet

Standard abbreviations showing current signs and symbols.

Alphabetical Sheet(s)

The alphabetical index sheet(s) is used on larger projects and lists all parcel owner(s) affected by the
transportation project. Opposite each name listed in the columns provided will be shown the parcel number
and the sheet numbers where the parcel can be found.

Detail Sheet(s)

The detail sheet(s) is provided to present all pertinent parcel data in an organized manner. The standard
format provides a corner card for the project name, project number, sheet number, and approval of the
Chief of Plans and Titles. Each column of the detail sheet is briefly described in the following paragraphs:

  Parcel number(s)
  Parcel Owner(s)
  Layout Sheet number(s)
  Beginning station
  Ending station
  Fee Acquisition and Remainder Areas
  Rights
  Recording Data (Title acquired)
  Remarks
  Table of revisions

Parcel Number

Each property affected by a transportation project will be identified with a parcel number on the layout,
and detail sheets. Parcel numbering shall generally follow the progression of the stationing. The parcel
number displayed on the layouts will be contained in a circle.

Once a parcel number has been established for a property on the detail sheet and parcel file, the number
will not be removed or allocated to another property.

Parcel Owner(s)

The name of the grantor(s) will be entered in the parcel owner column. The names and the spelling of the
names will reflect those contained in the deed of record. Simplifications (such as et al.) will not be used.
Servient tenements, such as guardians, lessors, lessees, sub-lessees, optionees, life estates, trustees, and
easement holders may be listed as sub parcel owners.



”State of Vermont” parcels acquired through advance acquisition procedures, and “Deleted” parcels on a

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current project, will carry a note in the remarks column indicating the former parcel owner(s) and their full
name(s). Parcel numbers not used will be entered in the parcel number column, and “Not Used” will be
entered under the parcel owner. Right of way plans and files will always show the complete legal name(s).

ROW Layout Sheet Number

Numbers appearing in the sheet number column are the layout sheet numbers showing the property affected
by the transportation project.

Beginning Station

The beginning station is that point within the parcel area affected by the transportation project which is
identifiable with the station number. It reflects the point nearest the beginning of the parcel when an
acquisition occurs. Permanent acquisitions get called out to the nearest 1/100th of a foot when practicable.
Temporary acquisitions get called out to the nearest foot. Acquisitions beginning on a property line are to
the nearest foot with the ± symbol.

Ending Station

The ending station is that point within the parcel area affected by the project where the acquisition or right
ends. Permanent acquisitions get called out to the nearest 1/100th of a foot when practicable. Temporary
acquisitions get called out to the nearest foot. Acquisitions ending on a property line are to the nearest foot
with the ± symbol.

Areas

When acquisitions and rights have areas less than 0.10 acre (4,356 square feet), the area will be shown to
the nearest square foot. Areas 0.10 or larger are shown to the nearest 1/100th acre, with the square footage
in the Remarks column.

Fee Acquisitions and Remainder Areas:

  Fee Simple – Fee simple is used when the State needs to buy full interest of a piece of property,
 in fee, from the Grantor.
  All Right, Title, and Interest – All R. T. & I. will be acquired to clear rights within the existing
 Right of Way held by others to property, improvements, or appurtenances that may be affected by
 the transportation project. The rights to the area or improvement acquired will be identified with
 the appropriate stations left or right and will be identified further by name in the remarks column.
 This right will also be used to acquire fee interest in, and to, the land underlying existing highway
 right of way easements.

Specific-Use Rights

All rights to be acquired will be entered on the detail sheets as separate line items. They will be identified
with a (T) for temporary or a (P) for permanent. Whether or not a right is (T) or (P) is determined by the
need for State maintenance.

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Rights commonly acquired are briefly described in the following point:

  Access – A temporary right to cross over or onto the Grantor’s land for the purpose of ingress or
 egress to and from the construction site. Also used when we are temporarily removing a property
 owner’s private access to a portion of their parcel.
  Approach – A temporary right to construct an approach on a Town Highway.
  Channel Rights – New, improved, or relocated channel limits will almost always be permanent
 (P).
  Construction Easements – Construction Easements are used to allow the movement of
 construction equipment outside the ground disturbance limits. The area required to support this
 easement is shown on detail sheet. Construction easements should not be used in developed areas
 such as lawns, gardens, and parking lots.
  Culvert Rights – Culvert rights are usually permanent (P). The right provides that the State can
 enter to construct and maintain.
  Detour – A temporary right to construct and use a temporary detour during construction.
  Ditch Rights – Ditch rights are generally permanent (P).
  Disconnect & Reconnect – When a privately controlled or municipally controlled utility needs to
 be temporarily disconnected during construction, a D & C right is obtained if the disconnection is
 for longer than a brief period, or the contractor needs access to the house to complete the work.
  Drainage Rights – Drainage rights are generally permanent (P).
 1. Note: Culvert, ditch and drainage rights may occasionally be combined as ditch
 and drainage; culvert and drainage; or culvert, ditch and drainage.
  Drive Rights – Temporary drive rights are required when reconstruction of the drive lies outside
 of the existing or proposed Right of Way. Information shown will include the beginning station,
 end station, and area.
  Except and/or Reserve – Except and/or Reserve are used when a grantor retains some right to a
 property being conveyed. An “exception” should be used when the grantor retains an existing
 right. A “reservation” should be used when the grantor retains a right that did not previously
 exist.
  Highway Easements – Highway easement acquisitions are permanent and represent area that will
 be considered highway Right of Way although the underlying fee is retained by the Grantor.
  Install – A right to install an item that the State does not need to maintain in the future.
  Install & Maintain – When an item such as a pole/brace/anchor/guy wire, etc. is to be installed on
 private property, a permanent (P) right will be acquired to “install and maintain”. Remarks
 column must include the item(s) being installed and maintained.
  Landscape – Landscape easements are usually temporary, to install a landscape feature on private
 property. Landscape Plans intended to revegetate an affected area faster than the traditional seed
 mix get an “Incl. Revegetation” label in the Remarks column of the corresponding rights.
  Remove – A right to remove a State-owned object from the Grantor’s property. For example,
 when a culvert is no longer being used, or when we are removing personal property from a
 construction area and leaving the materials on-site for the property owner (example: stone wall
 that the property owner will be resetting after construction)
  Remove & Reset – This right is obtained when a project requires that an existing item be moved
 to a new location.
  Remove & Replace – This right is obtained when a project requires that an existing item be
 removed during construction, but then replaced in the same location.

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  Slope Rights – Slope rights may be temporary (T) or permanent (P) depending on the degree of
 slope, its proximity to homes, buildings, or special facilities. Slopes steeper than one on three
 should be permanent.
  Utility – Utility easements are obtained when necessary for the placement of utilities outside the
 Right of Way. They can be temporary or permanent.

Personal Property

Items located inside the proposed right of way that have been determined to be personal property will be
noted on the detail sheet with a station and LT or RT in the beginning station column. The identification
in the remarks column will be followed by personal property, for example, sign – personal property. Other
items of personal property could include, but are not limited to above-ground tanks, utility sheds, flower
boxes, bus stop shelters, and mobile homes.

Relinquishments and Maintenance Agreements

These will be shown on the detail sheet with entries in the grantor, sheet number, beginning station, ending
station, and remarks column.

Recording Data

The type of title acquired is indicated in the recording data column which will be left blank until the title
has been conveyed. The subheadings are:

  Title – Entries in this column indicate the type of document used to convey title.
  Date – Entries in this column indicate the recording date of the title acquired.
  Town or City – Entries in this column indicate the name of the town or city where the title is
 recorded.
  Book – Entries in this column indicate the book number in which a copy of the title acquired is
 recorded.
  Page – Entries in this column indicate the page number on which the copy of the title acquired is
 recorded.

Remarks

Entries in the remarks column are made to identify or clarify the acquisition of land, rights, and/or
improvements. The remarks column will show the following types of information when applicable:

  Non-limited vs. Limited access, if both are on the project.
  R. T. & I. to the existing right of way.
  Improvements – type of improvement being acquired.
  Rights – easement data includes PDF, BF, EC, etc.
  Deleted Parcels –property owner(s) name
  Advanced Acquisitions – former property owner(s) and project number parcel was acquired
 under.
  Relinquishments – State Route or Town Highway number/name, and length of relinquishment

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  Maintenance Agreement Zone – Town Highway number/name, and length of Maintenance
 Agreement.
  Utilities – “Utility”

Other descriptions as needed to describe an object being removed/reset, installed, etc.

Table of Revisions

The table of revisions will be completed by the Right of Way Technicians as each approved Change Order
is processed. Each column will be completed with the appropriate data:

  Revision Number – beginning with one (1) and continues in numerical order.
  ROW Set Sheet Number – affected sheet numbers.
  Description of Revision – show parcel number, a brief description of the change made, and the
 change order number. Made by – show initials of the technician
  Approved by – The Chief of Plans and Titles will review and approve each plan revision
 signifying approval by initializing this column.
  Date – date of implementation.

Utilities on Detail Sheet

Utilities will be listed at the end of the list of parcels on the Detail Sheet in one of two manners:

  When we are acquiring new highway ROW in the form of fee simple, All R, T, & I, or HWY(P),
 and there is a known existing utility easement in the area of the acquisition, the utility company(s)
 will be assigned a parcel number, with stations, All R, T, & I in the Rights column, and “Utility
 easement in the ROW” in the Remarks column.
  When there is no acquisition of new ROW or no known utility easements within new ROW,
 utility companies will be listed with no parcel number, stations, or rights. The word “Utility”
 should be in the Remarks column.

Layout Sheet(s)

The Right of Way layout sheet is a representation of the parcels and rights needed for construction of a
project and future maintenance of transportation assets. It is the backbone of the right of way plans, and
as such must be complete, accurate, and legible in all respects.

Parcel lines and all other parcel data obtained from research will be accurately plotted. All unresolved
boundary line disputes will be shown as disputed parcels with dual ownership and separate parcel numbers.

On State highway projects, the perimeter of the proposed ROW in the area of the project should be labelled
with bearings/distances and arc radii/lengths with chord bearing. Labels should be created in a clockwise
manner to allow for a map check before ROW Plan completion.




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Fee Acquisition, All R, T & I, and Highway (P) Areas

Acquisitions will be identified with a parcel number, stations, offsets, and full parcel owner(s)’ name(s).
Distances, bearings, and radii (if applicable) will be labelled along the perimeter of the acquisition and will
be accurately noted to the nearest 1/100th of a foot.

Note: Metric plans will have the English measurement in parentheses.

Improvements Partially Inside the Right of Way

When personal property lies inside the right of way, it needs to be addressed on the layout and detail sheets
in one of the following ways:

  The State will acquire All R. T. & I. to the personal property
  The State will acquire a Remove (T), and the remarks column will identify the personal property.
  The State will acquire a Remove & Reset(T), the remarks column will identify the personal
 property, and the personal property will be reset outside of the Right of Way.

Station/Offsets

Unless there is only one horizontal alignment on the project, stations must be identified with the horizontal
alignment from which it was established. Examples of multiple horizontal alignments include: BL (Base
Line), NB (North Bound), SB (South Bound), EB (East Bound), WB (West Bound), TH No. (Town
Highway Number), VT No. (State Highway Number). Offsets must be identified Lt. or Rt. (Left or Right)
of the station.

Relinquishments

A relinquishment is defined as the conveyance of a portion of a highway right of way or facility by a state
transportation agency to another government agency for transportation use. It does not give permission to
dispose of the right of way without VTrans approval. All relinquishments should reserve the rights of the
utilities to remain in the right of way. The following facilities may be relinquished:

  Sections of State highway which have been removed from the Federal-aid system.
  Sections of reconstructed local facilities that are located outside the needed right of way for the
 State project, such as turnarounds of severed roads, including new rights of way required for
 adjustments.

Note: Relinquishment of real property rights acquired with Federal funds requires coordination and review
with FHWA prior to effecting property transfer. See 23 C.F.R. § 620.

Relinquishments will be identified by beginning and ending centerline stations, centerline running
distance, and boundaries of relinquished area as identified by station, offsets, and running distances.

Maintenance Agreement


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Beginning and ending centerline stations will be shown for maintenance agreements. Beginning and
ending stations will commence at the edge of a State highway route traveled way and include the running
distance of the maintenance agreement zone centerline.

Encroachments

If encroachments are to remain in the right of way for whatever reason, they must be approved by the
FHWA. A request for approval must include a memo from the VTrans project manager stating that this
encroachment can remain in the right of way, that it is in the public interest, and that encroachment will
not interfere with the free and safe flow of traffic.

The right of way plans will acknowledge this encroachment by noting it on the detail sheet with a station
and a remarks column notation “except & reserve” followed by the type of encroaching item. Reference
can be made to Chapter Eight, Property Management, of the VTrans Right of Way Manual for the
continuance of making this a legal encroachment.

Vermont allows for on premise signs only. Any private use of the right of way for advertising is not
allowed and signs are not eligible for encroachments permits.

Consultant Plan Work

Consultants must prepare right of way plans to the same standards and level of detail as Agency staff. If
policy and procedures have not been followed, the Right of Way Technicians are to send a memo to the
Project Manager via the Chief of Plans and Titles, describing the deficiencies.

The consultant will have ten working days to return Change Orders.

Metric Policy & Procedures

The following policy and procedures are to be used on all Right of Way projects when design has been
completed in the metric system. Right of way plans will incorporate the use of both Metric and English
units (dual units). Metric units will govern, with the English equivalent shown in parentheses for reference
only.

Levels of accuracy guidelines are:

  Any area under 0.01 hectare – 100 square meters – 1,076± square feet will be shown to the
 nearest square meter (square foot).
  Areas 0.01 to 0.10 hectare are shown to the nearest 1/1000 hectare±.
  Areas 0.10 to 1.00 hectares are shown to the nearest 1/100 hectare±.
  Areas 1.00 hectare and more are shown to the nearest 1/10 hectare±.

In addition, dual areas will be shown in the proposed right of way or rights/area columns. No areas will
be shown in the remarks column.

PARCEL FILE PREPARATION (COMPILE TITLES)
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This section deals with the procedures to be followed by Right of Way Plans and Titles Agents responsible
for the preparation of project right of way plans and files, including abstracts of title. The procedures are
written to follow a normal progression of activities encountered between receiving project assignment and
the completion of final right of way plans.

Pre-Field Activities

Prior to commencement of actual field work, and for the purpose of becoming thoroughly familiar with
the project, Plans and Titles Agents will assemble, study, and review the following:

  Conceptual and/or Preliminary plans – will be examined and studied for beginning and ending
 locations, project route, topographical features, bridges, intersections or interchanges, potential
 loss-of-access areas, and potential contamination areas.
  502/Public Hearing Data – transcripts, letters, memos, plans, property owners and interested party
 comments and complaints will be reviewed and studied.
  General Correspondence File – will be reviewed and examined thoroughly. The general
 correspondence file containing all communications received concerning the project in the Right
 of Way Section will be examined.

Property Owner Contacts & Property Inspection

Most property owner contacts will be held with a VTrans Design Representative in attendance. The Right
of Way Agent will refer all design-related questions to that person. If the Right of Way Agent is alone
during the property owner contact, and questions relative to design changes (e.g. extra accesses or saving
of trees) are asked, the Agent should inform the property owner that their issues must be discussed with
VTrans Design representative before issues can be addressed.

During property owner contact, the Plans and Titles Agent will fill out the Property Owner Report, TA
ROW 499, and make every effort to determine the location and specifications of:

  Water sources
  Septic tanks, lines and leach fields
  Improvements
  Private roads
  Rights of way of others across land
  Spring rights of owner(s) and rights of others to springs on owner(s)’ property
  Boundary line evidence (iron pins, fences, stone walls, streams, tree lines)
  Buildings, sheds, signs, or other improvements.
  Power lines and/or poles.

If there is boundary monumentation that will be destroyed by the project, the following steps need to be
followed:

  Ask for a copy of the survey.
  Ask owner(s) to show you the monumentation.
  Tie monumentation into project.

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  Send a memo to the Survey Unit requesting that the integrity of monumentation and survey be
 kept intact. Attached to the memo should be a copy of the survey and a copy of our layout
 showing the monumentation found.

Plans and Title Agents will make every effort to ensure that the property owners(s)’ legal and mailing
addresses including street numbers, are current and clearly indicated in the property owner files prior to
submission to the Document Unit for preparation of the necessity petition. This applies to mortgagees,
lienors, tenants, and interested parties as well. When available, phone numbers and email addresses will
be provided as well.

Trees and Plants in the Acquisition Areas

When requests are made to save trees within an acquisition area, approvals must be obtained from the
VTrans Project Manager. Trees to be saved will be identified on the layout sheet with the word “Save”
adjacent to the tree(s) to be saved.

All requests for wood cutting, moving or transplanting of bushes or flowers within the right of way by the
owner(s) will be referred to the Negotiator.

Property Owner File

The property owner file will be established concurrently with, or closely following the completion of the
property owner contact and property inspection. This file will contain all pertinent property information,
plats, abstracts-of-title, appraisal, or recording of negotiations. The following forms may be included:

  Property Owner Report
  Copy of tax map
  Change Order(s)
  Miscellaneous Memoranda (tenant listing, property owner concerns, phone call documentation)
  Memos, letters, correspondence

Schools and Cemeteries

School lands affected by a State highway project will be treated routinely insofar as plan preparation is
concerned. However, it should be kept in mind that negotiation to dispose of school lands can be
undertaken only by a legally authorized representative of the voters of the school district. 19 V.S.A. §
502(d) states:

“The Agency shall not acquire land or any right in land that is owned by a town or union school district
and being used for school purposes until the voters of the district have voted on the issue of taking at a
meeting called for that purpose. A special meeting of the town or union school district shall be called
promptly upon receiving notice of a public hearing unless the annual meeting is to be held within 30 days
after receiving the notice of public hearing. Due consideration shall be given by the court to the result of
the vote, in addition to the other factors referred to in section 501 of this title, in determining necessity.”



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The school district should be encouraged to hold this vote as early as possible. Completion of right of way
plans is not required for this vote, but some districts may wait until they are completed.

Note: The above Statute applies to State highway projects and is not required for off-system projects.

Transportation projects generally avoid cemetery property. However, occasionally one may be affected in
a minor way, or may be in close proximity. In either instance, the cemetery land will be researched in the
town records to establish its location and property lines. The Cemetery Commissioners and/or Town Select
Board will be contacted to validate the property lines and establish those areas used for burial purposes.

Water Study

The following procedure provides the basis for resolving water supply problems affected by the
transportation project, and to identify and provide data on water sources that might be disturbed during
construction.

Resolution of water problems will commence at the time of the initial field inspection and property owner
contact, and be completed as expeditiously as possible. Requests for water supply reports and sleeve cost
and feasibility estimates will be submitted immediately upon completion of the initial field work. This
will provide the necessary lead time for completion of water reports and sleeve estimates prior to
completion of the right of way plans.

These requests should also include any monitoring needs for water sources in the project area. Wells
requiring monitoring will be identified on the ROW plans with W-1 (for the first well, W-2 for the second,
etc.) on both the Detail and Layout sheets.

Water Lines – Title Procedure

Water lines crossing highways will be handled as follows:

  When the state or town has the fee in the existing highway right of way and intends to buy land
 for the project in fee, they will acquire all R. T. & I. to the water line.
  When the state or town has only an easement for the existing right of way and intend to purchase
 an easement they will acquire a permanent right “to install and maintain” a water line sleeve.
 “Water Line Sleeve” will be shown in the remarks column opposite the right acquired.

Sewage

During property owner contacts and field inspections, information on the location and type of sewer/septic
systems should be obtained if possible. If it appears that the project may impact the system, the project
manager must be notified.

Soil Contamination/Hazardous Material

When the Plans and Titles Agent is performing field work on a project, circumstances may cause the Agent
to question the existence of soil contamination or hazardous material within the project area. Initially,

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some questions may arise from observations such as failed septic systems, but most questions will probably
come from title references to items such as old mills, tanneries, dry cleaners, and gas stations. When these
questions arise, a memo should be sent to the project manager stating the reasons why more investigation
should occur. It is the responsibility of the project manager to initiate the investigation.

Utility Relocations

The 1995 Vermont General Assembly updated highway law in Vermont by broadening the definitions of
“Highway Necessity,” and “highway project purpose” to include the needs of utilities. The basic proposal
agreed upon with the utilities groups is to acquire an additional easement for utility purposes. A 30-foot-
wide maximum corridor centered on the relocated utility line will be considered for the utility easement
(wider for transmission lines). There may also be a need to acquire anchor rights. The Utilities Section
will be responsible for providing information to the project manager so that it can be incorporated into the
right of way plans. The above procedure is discretionary by project based on time, cost, and schedule.

Title Abstract

Title activities will consist of the thorough review and examination of each deed in the chain of title as
recorded in town land records. This search will enable the Plans and Titles Unit to determine any flaw in
the title that may exist and will establish that the property owner(s) contacted are the true owner(s) of the
land to be acquired. This search will also reveal all recorded active encumbrances. It may be necessary,
in some cases, to search Probate County, and/or Federal court records.

The marketable title act, 27 VSA ss. 601 states:

“Any person who holds an unbroken chain of title of record to any interest in real estate for 40 years, shall
at the end of that period be deemed to have a marketable record title to the interest, subject only to such
claims to the interest and such defects of title as are not extinguished or barred under this chapter, and such
interests, limitations or encumbrances as are inherent in the provisions and limitations contained in the
monuments of which the chain of record title is formed which have been recorded during the 40-year
period.”

As the various deeds and records are reviewed, and their relevancy is established, a chain of title will be
developed showing the grantor, grantee, type of deed, date of record, book and page number as recorded
in the town land records. Generally, good property descriptions are lacking and those examined may show
inconsistencies in descriptions. Many times properties are divided by wills, decrees of distribution and sell
offs, or enlarged through additional purchases or inheritances. When these situations are uncovered in
tracing the property ownership back through the years, it will be necessary for the Plans and Titles Agent
to photocopy each significant deed in the title chain and complete the abstract-of-title, for each conveyance
in the chain. Each encumbrance must be scanned.

When title to a property being abstracted lies in an estate, it will be necessary to check the records in
Probate Court. The present status of the estate must be known, including the naming of an administrator
and whether or not the administrator has a license to sell. In the event the administrator does not have a
license to sell, the Plans and Titles Agent will request that the administrator acquire this license.


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When the estate has not been probated, the Plans and Titles agent will notify the AG’s office.

The AAG’s office should be consulted on all homeowner association agreements if the agreements do not
indicate clearly who is to be contacted or who can sell.

It is not uncommon for banks to assign mortgages to other lending institutions. These assignments are by
many varied types of instruments. Care should be given to examine all mortgages and indexes, to confirm
which company holds the mortgage.

Conservation easements are another problem that may lack detailed descriptions. It is not uncommon to
except or reserve an area for the homestead, but not describe the area reserved. The owner’s input
confirming the area excepted or reserved will be satisfactory in most cases. This should be documented
and put into the property owner file.

Encumbrances against title can include violations of zoning regulations and other Permitting programs.
Any questionable lack of compliance will be forwarded to the AAG’s office for advice and/or action.

The abstract will be a digital file (preferably Adobe pdf) organized in the following sequence:

  Page 1: Abstract-of-title cover sheet showing the outline of the State and providing space for the
 completion of the property owner(s)’ name(s), town in which the land records can be found,
 transportation project name and number, and parcel number.
  Page 2: Map illustration of the parcel and its surroundings. Primarily a copy of the tax map is
 used, but could also be imagery pulled from the ROW Spatial Data Hub or other sources. Page 3:
 Grand list sheet from Town’s Assessor with the affected parcel highlighted. Page 4: Abstract-of-
 title index. The property owner(s) should be entered on the owner line. The town name in which
 the records can be found will be entered on the second line. The records in the chain of title will
 be entered in reverse chronological order. The first four lines of the index should be left blank to
 accommodate future updates to the chain of title. The bottom of this page has a space to enter
 “Title Update” information (Name and date) for each title update that happens subsequent to the
 initial title abstract creation.
  Pages 5 and up: All deeds, easements, encumbrance documents, mortgages, etc. In reverse
 chronological order beginning with the most recent document.

PRELIMINARY ROW PLANS REVIEW PROCESS
Acquisition Review Meeting (ARM)

In the first step, plans should be uploaded and distributed to individuals who are invited to attend
Acquisition Review Meetings (ARM). Recipients can familiarize themselves with the project and offer
comments at the ARM. Agents, working with the Plans & Titles Supervisor, should also conduct any
necessary and helpful Pre-ARM meetings.



As a visual aid, the plans will be color coded for OLSR and the ARM as follows:
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  Existing Right of Way Lines - Red
  Acquisition Area (Fee and HWY(P)) - Red
  Construction - Orange
  Permanent Slope - Dark Green
  Temporary Slope - Light Green
  Channel - Dark Blue
  Ditch, Drainage, Culvert - Light Blue
  Utility - Yellow
  Access, Detour - Dark Gray
  Walk, Sidewalk - Light Gray
  Drive - Brown
  Install & Maintain, Remove, etc. - Highlight Text

Address Acquisition Review Comments

The second step in the process includes revising preliminary Right of Way plans to incorporate all
comments from the online shared review and the ARM.

Peer Review

In the third step, the Plans are submitted to another Agent for Peer Review. Peer Reviewer completes the
Peer Review Checklist and performs a map check to verify accuracy of ROW labels on the Layout sheets.
After Peer Review the Plans come back to the lead Agent to address any comments.

Quality Control Review

In the fourth step, the Plans are submitted to the Plans & Titles Supervisor for review. After Quality
Control the Plans come back to the lead Agent to address any comments.

Documents Submittal

Upon completion of these reviews, Right of Way Plans and Parcel Files are submitted to the Documents
Team of the Acquisitions Unit by the Plans & Titles Supervisor.

Distribution

After all the documents have been completed by the Documents team, and any changes incorporated into
the plans, “Distribution” can take place. At this time, the appropriate number of plats are placed in each
digital property owner file by the CADD Technician. Any changes to the plans from this point on will be
by change order. The Plans are distributed to the following people:

  Project Manager
  Acquisitions Chief
  Appraisal Chief
  Utilities Unit Chief
  Consultant (if applicable)

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  Town (if applicable)

RIGHT OF WAY TECHNICIAN
The primary responsibilities of Right of Way Technicians are to assemble the Right of Way plan set. The
plan set will be checked for:

  Neatness
  Legibility
  Conformance to the Conventional Signs & Symbols standards and drafting standards
  Quality of reproduction

Miscellaneous Support functions provided by Right of Way Technicians include:

  Ordering and collating reduced size right of way plans and plats to support the necessity hearing
 and for inclusion in the property owner files.
  Securing and preparing revised right of way plan sheets for filing and recording with the Town
 Clerk(s).

Change Orders

After Plans have been distributed, any changes to the Plans require a Change Order. The process is as
follows:

 1. The requestor completes the Change Order form and submits it to the Plans & Titles
 Supervisor for approval.
 2. Approved Change Orders will then be forwarded to the appropriate Plans & Titles Agent to
 make necessary revisions.
 3. Changes requiring design action will be forwarded to the project manager prior to processing
 the Change Order
 4. Once design revisions are complete, the Agent submits a description of the change, updated
 Detail Sheet, and the Change Order to the Right of Way Technician.
 5. Upon receipt of an approved Change Order, the Right of Way Technician will:
 a. Number the Change Order
 b. Complete the Change Order Project Log
 c. File a copy in the Change Order Project Log
 6. After completing the revision in accordance with the description on the Change Order,
 marked-up plan sheets, and/or verbal instructions, the Right of Way Technician will record
 the change data in the table of revisions columns of the plan detail sheet as follows:
 a. Revision number
 b. Sheets affected
 c. Description of change – show parcel number, parcel owner(s) name, change order number
 d. Date of change
 e. Initials of the Right of Way Technician



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Notification of the Change Order will be sent to the Documents section for processing. After Documents
are updated and the Change Order is returned to the Technician, the Change Order gets routed to the
Appraisal Chief for processing. After the appraisal or waiver is updated, the Change Order is returned to
the Technician, the initial requestor of the Change Order is notified by the Technician of its completion.

After Filing of Condemnation Order

Requested changes to right of way plans after the filing of a Condemnation Order must be reviewed to
determine if the change involves a parcel that was appealed or could be appealed as a result of the fair
market value determination. Any changes involving condemned parcels must be approved by the AG’s
Office.

TRIAL AND HEARING PREPARATION
The Plans and Titles Agents are responsible for preparing all plans and files required by the VTrans AG’s
office when preparing for condemnation or hearing. They are also responsible for providing expert
testimony.

Preparation of Hearing Roll

Right of Way Agents prepare hearing rolls. The hearing roll is a color-coded representation of the right of
way plans. The hearing roll identifies the rights necessary to construct the project.

Plans and Titles Agents will do the following prior to starting work on the hearing roll.

  Check the rights shown on Condemnation Order against the rights shown on the Detail Sheets to
 be sure they coincide.
  Check the detail sheets to determine what Change Orders were involved on the parcel concerned
 and determine if they are shown on the layouts and reflected in the condemnations.
  Study the layouts and the file to determine any factors, other than rights acquired, that should be
 shown on the hearing roll.
  If the road construction has been completed, check the final construction plans for any variations
 in locations of new transportation infrastructure.

Pre-Trial of Appeals with Attorney

When the AG’s Office calls for a pretrial, a Plans and Titles Agent will assist in the attorney’s study of the
appeal property.

Appear as Witness in Court

A Plans and Titles Agent appears in court as a witness to answer questions regarding the acquisitions
shown on the hearing roll. To complete preparation for the actual court appearance, the following
procedures should be followed:



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  A Plans and Titles Agent never goes to the private lands of the appellant, talks or writes directly
 to the appellant or the appellant’s attorney without permission of the AG’s office. All
 communications received from the appellant or their representative must go to the AG’s office
 first.
  When the AG’s office calls for a pretrial, be prepared with the layouts and the hearing roll. It is
 important to pay close attention to the discussion between the attorney and the appraiser to
 determine if there are any differences in their understanding of details as compared to
 understanding of the Plans and Titles Agent.


Whenever construction has started or is completed prior to the testimony, meet with the Resident Engineer
to determine if any “on-the-job” alterations have occurred.




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Chapter 3 APPRAISAL
GENERAL
Glossary

Acquisition: All property (land, buildings or property rights) that the agency (condemner) proposes to
acquire either in fee or by easement, either permanent or temporary. Acquisition may also be referred to
as take or taking.

All Right, Title and Interest (All R.T. & I.): The acquisition of any interest in the existing highway right
of way. The acquisition of All RT & I. may sometimes include improvements and/or site improvements
such as a shed, stone wall, fence, or water lines.

Appraisal: The act or process of developing an opinion of value. A written statement independently and
impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately
described property as of a specific date, supported by the presentation and analysis of relevant market
information. (42 U.S.C. 61 § 4601 & USPAP)

Appraisal Report: This reporting format shall be used when a valuation problem is non-complex or
complex. The appraisal report may be used for a total acquisition, partial acquisition or “before” and “after”
appraisal.

Appraisal Review: The act or process of developing and communicating an opinion about the quality of
another appraiser’s work that was performed as part of an appraisal or appraisal review assignment.

Appraiser: One who is expected to perform valuation services competently and in a manner that is
independent, impartial, and objective.

Assignment Conditions: Assumptions, extraordinary assumptions, hypothetical conditions, laws and
regulations, jurisdictional exceptions, and other conditions that affect the scope of work.

Before and After Rule: In eminent domain valuation, a procedure in which just compensation is measured
as the difference between the value of the entire property before the taking and the value of the remainder
after the taking.

Benefits: In eminent domain valuation, the advantageous factors that arise from a public improvement for
which private property has been taken. The law in some jurisdictions makes a distinction between general
benefits and special benefits because only special benefits are considered in determining the value of the
remainder in a partial acquisition.

49 C.F.R. § 24: The Code of Federal Regulations (C.F.R.) Title 49, Part 24 is commonly called “The
Uniform Act.” Its formal title is “Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally-Assisted Programs.” This Federal law applies when Federal funds are used for
transportation projects. The entire Code of Federal Regulations is on line at
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https://www.ecfr.gov/current/title-49/subtitle-A/part-24 ://www.gpoaccess.gov/cfr/index.html

Common Level of Appraisal (CLA): A Vermont town’s CLA adjusts for any difference between the town’s
assessed property value from the time of the last reappraisal and its current fair market value. The CLA
aims to ensure that every town is taxed at a level of appraisal equal to 100% of fair market value.

Condemnation: The act or process of enforcing the right of eminent domain. Subsequent to a favorable
necessity judgment and a compensation hearing, a condemnation order is filed in the town(s) where the
project will occur. When the order is filed and the owners have been paid, title passes to the state or
municipality.

Cost-To-Cure: An amount included in the appraisal which cures or alleviates a problem which would
otherwise result in a greater loss to the remaining property. The cost to cure may not exceed the amount of
the consequential damages if there were no “cost to cure.”

Damages (Severance Damages): In condemnation, the loss in value to the remainder in a partial taking of
property. Generally, the difference between the value of the whole property before the taking and the value
of the remainder after the taking is the measure of the value of the part taken and the damages to the
remainder.

Drainage Easement: An easement required for directing or retaining the flow of water.

Easement: An interest in real property that conveys use, but not ownership, of a portion of an owner’s
property. Access or right of way easements may be acquired by private parties or public utilities.

Economic Unit: A portion of a larger (parent) parcel, vacant or improved, that can be described and valued
as a separate and independent parcel. Physical characteristics such as location, access, size, shape, existing
improvements, and current use are considered when identifying an economic unit. The economic unit
should reflect marketability characteristics similar to other properties in the market area. In the appraisal
process, the identification of economic units is essential in highest and best use analysis of a property.

A combination of parcels in which land and improvements are used for mutual economic benefit. An
economic unit may comprise of properties that are neither contiguous nor owned by the same owner.
However, they must be managed and operated on a unitary basis and each parcel must make a positive
economic contribution to the operation of the unit.

Effective Date: The date on which an appraiser’s analyses, opinions, and conclusion service apply; also
referred to as the date of value.

Eminent Domain: The right of government to take private property for public use upon the payment of
just compensation. The Fifth Amendment of the U.S. Constitution, also known as the takings clause,
guarantees payment of just compensation upon appropriation of private property.

Fair Market Value (also known as Market Value): The most probable price, as of a specified date, in cash,
or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights
should sell after a reasonable exposure in a competitive market under all conditions requisite to a fair sale,

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with the buyer and seller each acting prudently, knowledgeably, for self-interest, and assuming that neither
is under undue duress.

Fee Simple Interest: The highest real estate ownership interest.

Absolute ownership, unencumbered by any other interest or estate, subject only to the limitations imposed
by the governmental powers of taxation, eminent domain, police power, and escheat.

Functional Replacement: A part of the federal highway program which allows municipal or state
government facilities to be replaced with modern facilities instead of being purchased at market value.

General File: A digital file which contains material relevant to the entire project. Each project has a
general file plus a file for each parcel (property owner file).

Highest and Best Use: The reasonably probable use of property that results in the highest value. The four
criteria that the highest and best use must meet are legal permissibility, physical possibility, financial
feasibility, and maximum productivity.

Highway Easement: The right to use the property of another for the construction, operation, and
maintenance of a highway.

Just Compensation: The amount of money an owner is due in exchange for the government’s acquisition
of his/her real property that places a property owner in the same position as before the property is acquired.
In no event, shall such amount be less than the agency’s approved appraisal of the fair market value of
such property. If it becomes necessary for the acquiring agency to use the condemnation process, the
amount decided upon through the court process will be considered just compensation for the acquisition
of the property.

Larger Parcel: In governmental land acquisitions, the tract or tracts of land that are under the beneficial
control of a single individual or entity and have the same, or an integrated, highest, and best use. Elements
for consideration by the appraiser in making a determination in this regard, are contiguity, or proximity, as
it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use.

In most states, unity of ownership, contiguity, and unity of use are the three conditions that establish the
larger parcel for the consideration of severance damages. In federal and some state cases, however,
contiguity is sometimes subordinated to unitary use.

Necessity Hearing: The process whereby the agency gains the court’s permission to institute condemnation
proceedings. The agency prepares a necessity petition which it submits to Superior Court. The court holds
a necessity hearing, after which it may issue a judgment order finding that the project is “necessary for the
public good.”

Paired Data Analysis: A quantitative technique used to identify and measure adjustments to the sale prices
or rents of comparable properties. To apply this technique, sales or rental data on nearly identical
properties is analyzed to isolate and estimate a single characteristic’s effect on value or rent (often referred
to as paired sales analysis).

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Parcel: The total proposed acquisition of land and/or rights from a single ownership. Each ownership
affected by a project is represented on the right of way plans.

Partial Acquisition: The acquisition of a portion of an ownership, such as a strip of land, leaving a
remainder. The partial take; in fee simple or in the form of an easement or other legal rights such as access;
in condemnation cases, when the acquisition is only a part of the whole property as contrasted to a whole
taking.

Permanent Easement: An easement conveyed in perpetuity.

Remainder: In eminent domain condemnation, that portion of a larger parcel remaining in the ownership
of the property owner after a partial acquisition.

Report Date: The completion date of the valuation report. May be the same or different from the effective
date.

Restricted Appraisal Report: This reporting format may be used when the valuation problem is
uncomplicated. The report contains a brief statement of information sufficient for the solution of the
appraisal problem and is for client use only. The “client” is the Vermont Agency of Transportation. The
appraiser’s opinions and conclusions set forth in the report may not be understood properly without
additional information in the appraiser’s work file.

Rights: An interest in real property. The agency seeks to acquire temporary rights (easements), which last
during the period of construction and then expire. Permanent rights (easements) are also acquired. They
are, as the name suggests, a permanent encumbrance on the remaining property.

Right of Way: A right to pass over the land of another in some particular path; a strip of land used for
transportation such as streets and roads, railways, utility lines, and for other private or public transportation
uses.

Sight Line Easement: An easement granted to protect a sight line; usually prohibits construction or natural
growth that might obstruct a property’s visibility to approaching vehicular traffic.

Slope Easement: An easement for cuts, fills, and drainage facilities. Slope is usually referred to as the
inclined graded area extending from the shoulder of a road to the natural and undisturbed surface of the
land. The landowner retains the right to use the slope area for those purposes consistent with the support
and protection of the improvement. These easements may be temporary or permanent.

State (Summation) Method: Under the State (Summation) Method payment is made for the value of the
part taken plus damages to the remainder property minus benefits to the remainder property. The amount
for damages minus the amount for benefits cannot be less than zero dollars.

Temporary Easement: An easement granted for a specific purpose and applicable for a specific time
period. A construction easement, for example, is terminated after the construction of the improvement and
the unencumbered fee interest in the land reverts to the owner.


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Uneconomic Remnant: An uneconomic remnant is the remaining part of the subject property in which the
owner is left with an interest that the agency determines has little or no utility or value to the owner. If the
acquisition of only a portion of property would leave the owner with an uneconomic remnant, the agency
shall offer to acquire the uneconomic remnant along with the portion of the property needed for the project.
The ROW Appraisal Chief will determine if a remainder is considered an uneconomic remnant. The
agency will not condemn for an uneconomic remnant.

Utility Easement: The rights granted to use a portion of a property for utility purposes.

Waiver Valuation: The purpose of the appraisal waiver provision is to provide agencies a technique to
avoid the costs and time delay associated with appraisal requirements for uncomplicated valuation
problems within the low fair market value limits established by this part. Waiver valuations are not
appraisals by definition in this part (49 C.F.R. Part 24.2). Persons preparing or reviewing a waiver valuation
are precluded from complying with USPAP Standards Rules 1, 2, 3, and 4. Because a waiver valuation is
not an appraisal, a review of a waiver valuation is not required.

Definitions within the glossary were obtained from the following references:

  USPAP
  National Highway Institute Glossary
  49 C.F.R. § 24
  Dictionary of Real Estate Appraisers, 7th Edition

Purpose and Function

The purpose of the provisions contained in this Chapter is to provide a guide to understand and implement
existing State and Federal laws and policies, as they apply to valuation.

The primary valuation function of the Appraisal Unit is to assist VTrans in establishing “Just
Compensation.” The Fifth Amendment to the Constitution of the United States says, “nor shall property
be taken for public use, without just compensation.” The Constitution of Vermont, Chapter 1, Article 2,
further states that “whenever any person’s property is taken for the use of the public, the owner ought to
receive an equivalent in money.”

The Uniform Act of 1970 as well as 49 C.F.R. § 24 require that an “approved appraisal” or waiver valuation
be used as the basis for VTrans establishment of an amount which it believes to be just compensation. The
“just compensation” offered to a property owner must be at least the amount of an approved appraisal or
waiver valuation.

The valuation process is the means by which VTrans ensures compliance with the constitutional right to
just compensation. The appraiser is responsible for estimating “fair market value” as a base for “just
compensation.” Throughout this valuation process, VTrans staff and consultant appraisers are expected to
provide uniform and equitable treatment to property owners.

As discussed above, the primary role of the VTrans ROW Appraisal Unit is to estimate the fair market
value of property that will be acquired for transportation projects in Vermont.

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The following are additional, important, value-related roles performed by the Unit:

  Perform appraisal assignment requests for other agency Units and Bureaus;
  Advise and consult other VTrans Units & Bureaus regarding appraisal issues;
  Perform appraisal review services;
  Advise on proposed administrative settlements;
  Prepare for and/or testify at hearings and meetings;
  Provide expert testimony for litigation;
  Develop project right of way cost estimates;
  Assign, oversee and evaluate consultant services;
  Value uneconomic remnants;
  Estimate leases and market rents;
  Advise and/or appraise for the disposal of surplus property; (Refer to Chapter 8.)
  Prepare waiver valuations for the Agency.
  Miscellaneous related appraisal tasks, such as training.

Conformance

 Appraisals must conform to the following:

 • 49 C.F.R. § 24, also known as “The Uniform Act”. This Federal law applies when Federal funds
 are used for transportation projects.
 • VTrans ROW Manual Chapter 3 Appraisal
 • Be consistent with Uniform Standards of Professional Appraisal Practice (USPAP).
 • Appraisals prepared for the FAA must conform to the requirements of FAA Advisory
 Circular 150/5100-17 Change 7 Land Acquisition and Relocation Assistance for Airport
 Improvement Projects (AIP) dated 7/10/2017.
 • Appraisals prepared for Federal land acquisitions must conform to The Uniform Appraisal
 Standards for Federal Land Acquisitions (UASFLA) a/k/a “The Yellow Book.”

Confidentiality

An appraiser must protect the confidential nature of the appraiser-client relationship [USPAP Ethics Rule].
An appraiser must not disclose: (1) confidential information; or (2) assignment results to anyone other
than: (see USPAP Ethics Rule/Confidentiality). Appraisers must not disclose any findings, results, or
conclusions of appraisal assignments to anyone other than the client until authorized to do so by Vermont
State officials, or if the appraisers are required to do so by due process of law, or if the appraisers are
released from the obligation by having publicly testified as to such findings. At the request of the Property
Owner, the client will supply a copy of the appraisal report.

Conflict of Interest

  Appraisers shall not:




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 2. Advise,
 3. enter into contracts or employment with,
 4. engage to make appraisals for,
 5. testify in court for, or
 6. assist in the preparation for trial of cases for, any party or parties directly or
 indirectly concerned with the transportation project they are appraising or have
 appraised except for the VTrans, until final disposition of all claims of all parties
 against the State of Vermont has been satisfied.
 • The appraiser performing the appraisal shall not have any interest,
 either direct or indirect, in the real property being valued for the
 VTrans.
 • Compensation for producing an appraisal valuation shall not be
 based on the amount of the valuation estimate.
 • No person shall attempt to unduly coerce or influence an
 appraiser regarding any valuation or other facet of an appraisal.

Appraiser Qualifications

It is the agency's responsibility to evaluate the qualifications and performance of the appraisers and/or real
estate valuation agents.

Appraisers providing appraisal services for the VTrans are either one of the following:

  Employees of the agency, referred to as staff ROW appraisers or real estate valuation agents.
  Appraisers who are employed under contract for specific assignments, referred to as consultant
 appraisers.

An appraiser should have integrity of character and reputation and should subscribe to the ethics of the
profession. All appraisers must have a valid State of Vermont Real Estate Appraiser License and/or
Certification. Real Estate Valuation Agents are not required to be licensed and/or certified; however, they
may work towards earning a Certified Real Estate Appraiser license by taking the required courses and
applying for an Appraiser Trainee license.

 7. Qualifications must be consistent with the level of complexity of the appraisal
 assignment(s) or include the supervision of a qualified licensed and/or certified
 appraiser.

Prior to assigning appraisal work, the qualifications of the appraiser or real estate valuation agent will be
appropriately analyzed.

The following considerations with respect to the appraisers’ ability to perform the assignment include, but
are not limited to:

 Education
 Training
 Experience
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 Licensure/Certification
 Integrity
 Competency and Ability



Consultant Appraisers

The Right of Way Appraisal Unit recruits consultant appraisers to provide these services. The 49 C.F.R.
Part 24 requires us to establish criteria for determining the minimum qualifications and competency of
appraisers and review appraisers. The consultants are prequalified and classified by their abilities and
qualifications. A list of approved consultant appraisers is kept up to date and is available on the VTrans
public website or from the ROW Appraisal Chief. When Federal funds are used, the prequalified
appraisers must be the sole author(s) of appraisal reports submitted to the Agency.

The ROW Appraisal Unit also recruits the prequalified consultant appraisers to be on retainer contract for
appraisal and appraisal review services. Contracts are arranged with consultant appraisers due to the
following:

  The complexity of the appraisal;
  To supplement the work of the staff appraisers;
  To provide expert testimony;
  To perform special purpose assignments.

Consultant appraisers on retainer contract are evaluated on an annual basis. Any appraiser that is on the
Approved Consultant Appraiser list has the opportunity to submit a Proposal when the Request For
Proposal is advertised, typically every four years.

Benefits from Acquisition

Vermont Law allows for the offsetting of special benefits against damages to the remainder due to the
acquisition of land and rights. The consideration of special benefits should be confined to the individual
properties benefited by virtue of features of construction of the transportation project, rather than by the
transportation project improvement itself. The set-off rule does not apply to general benefits. Appraisers
are also advised that, if in doubt as to the existence of special benefits, they should seek advice from the
State’s legal counsel.

Damages

Damages (Severance Damages): In condemnation, the loss in value to the remainder in a partial taking of
property. Generally, the difference between the value of the whole property before the taking and the value
of the remainder after the taking is the measure of the value of the part taken and the damages to the
remainder.

 19 V.S.A. Statute 501. Definition: Damages resulting from the taking or use of property under the
provisions of this Chapter shall be the value for the most reasonable use of the property or right in the

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property, and of the business on the property, and the direct and proximate decrease in value of the
remaining property or right in the property and the business on the property. The added value, if any, to
the remaining property or right in the property, which accrues directly to the owner of the property as a
result of the taking or use, as distinguished from the general public benefit, shall be considered in the
determination of damages.

Cost to Cure

 • The cost to replace an item that has been taken or impacted, thereby mitigating severance and/or
 depreciation damages to the remainder.
 • Mitigates Damages
 • Must be less than loss in value.
 • Must be supported by market data.
 • Must be supported by a contractor’s estimate of replacement cost.
 • An amount included in the appraisal which cures or alleviates a problem which would otherwise
 result in a greater loss to the remaining property.

Non-Compensable Items

Louis P. Peck, AAG presented a legal opinion regarding non-compensable items in a letter dated May 5,
1965. The following are excerpts from that opinion:

“the list includes only those items which I find the Vermont Supreme Court has ruled on or are closely
analogous thereto and can, therefore, be stated with certainty as law in Vermont.

With the above precautionary statement, the rather limited list follows:

  Diversion of traffic.
  Circuity of travel.
  Temporary inconvenience during construction.
  A change in the mode or extent of access.
  Any damage compensated under a different classification (double compensation).
  Separate interest in one parcel determined apart from the value of the whole.
  Depreciation in market value when there is no actual physical taking.
  A separate parcel of land, although under the same ownership as the parcel which is taken or
 affected, unless both are mutually dependent.
  Improvements as such, and/or improvements made solely in anticipation of condemnation.
  A right in land or other which is terminable at will.
  *Property within a definable existing right of way.

You will note that I have not included personal property, although I believe it does frequently appear in
such lists. Since there is no authority to acquire personal property, it is strictly speaking, not material and
would only serve to pad the list.

Reviewing the above list, I am again seriously concerned as to any reliance which may be placed thereon
by persons with no legal training. Without exception, these are subject to so many rules, exceptions,
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qualifications, etc. that I must insist and reiterate they are to be available to appraisers only with the
understanding that in any and all instances where one or more seems to be applicable, legal advice is to be
sought before the appraisal is completed.”

Daniel P. Dutcher provided an update to the Louis Peck opinion in a letter dated March 31, 2009. The
following are excerpts from that letter:

“Damages resulting from a taking are limited to “the value for the most reasonable use of the property or
right in the property, and of the business on the property, and the direct and proximate decrease in the value
of the remaining property or right in the property and the business on the property.” [19 V.S.A. § 501(2)]
Rights in highway rights of way cannot be acquired by adverse possession. [19 V.S.A. § 1102] Thus,
damages for takings are linked to a property right, which cannot arise by prescription.

In sum, improvements, either structural or non-structural, in highway rights of way are not compensable.
In the same vein, VTrans should not need to pay severance damages for the diminished value of adjoining
lands based on the removal of structural or non-structural improvements in a right of way.

As a caveat to the foregoing, it should be borne in mind that virtually any use of a highway right of way
requires a permit under 19 V.S.A. § 1111. These permits may authorize various improvements to the right
of way and may also require these improvements to be removed as may be necessary for highway
purposes.”

Title 10 Chapter 21 statute 493, regulates on-premise signs. The State of Vermont does not allow private
signs in the highway right of way. See Chapter 2 Plans & Titles regarding the treatment of items in the
right of way.

Hazardous Material

The appraiser is not qualified to detect potentially hazardous waste material and toxic substances that may
be present.

If hazardous substances are identified or suspected, the appraiser should alert the Appraisal Chief.
Appraisal activity could be suspended until the VTrans decides to resume activity. It may be decided that
the appraisal can be completed with the use of an assignment condition.

Specialty Items

When a separate valuation of machinery, equipment or other specialty item is required, the value of such
items shall not be arbitrarily added to the valuation of the other realty but shall be considered to the extent
of their contribution to the value of the whole property.

Normally, the employment of specialists to prepare such valuations shall be handled by the VTrans. In
appropriate instances, such employment may be accomplished by the consultant appraiser responsible for
the appraisal of the entire property. If the latter course is followed, the State shall reserve to itself the
approval of the selection of the specialist by the consultant appraiser; and in the event the value of the
specialty items can reasonably be expected to exceed $50,000.00, two estimates shall be secured.

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The specialist’s appraisal shall be reviewed and approved by the VTrans Appraisal Chief prior to its
incorporation in the pertinent land condemnation appraisal.

Timber of a sufficient quantity or quality affecting the value of land beyond that indicated by comparable
sales will be treated as a specialty item as above.

When an Appraisal Is Not Necessary – Donations and Waiver

49 C.F.R. § 24.102(c)(2) an appraisal is not required if:

(i) The owner is donating the property and releases the Agency from its obligation to appraise the property;
or

(ii) The Agency determines that an appraisal is unnecessary because the valuation problem is
uncomplicated and has a low fair market value, and the anticipated value of the proposed acquisition is
anticipated at $15,000 or less, based on a review of available data. The agency representative making the
determination to use the waiver valuation option must understand valuation principles, techniques, and use
of appraisals in order to be able to determine whether the valuation of the proposed acquisition is
uncomplicated and has a low fair market value. (See appendix A to this part, section 24.102(c)(2).)

(A) When an appraisal is determined to be unnecessary, the agency shall prepare a waiver valuation.

 (1) Waiver valuations are not appraisals by definition in this part (See ss 24.2). Persons preparing or
reviewing a waiver valuation are precluded from complying with Standards Rule 1, 2, 3, and 4 of the
Uniform Standards of Professional Appraisal Practice,” as promulgated by the Appraisal Standards Board
of The Appraisal Foundation (see appendix A to this part, sections 24.102(c) and 24.103(a).)

 (2) Because a waiver valuation is not an appraisal, a review of a waiver valuation is not required. However,
some recipients may also be subject to State laws or agency requirements to review a waiver valuation.

(B) The person performing a waiver valuation must have sufficient understanding of the local real estate
market in order to be qualified to perform the waiver valuation.

 (C) The Federal agency funding the project may approve exceeding the $15,000 threshold, up to a
maximum amount of $35,000 if the agency acquiring the real property offers the property owner the option
of having the agency appraise the property.

 (D) If the agency determines that the proposed acquisition is uncomplicated and has a low fair market
value, and if the agency acquiring the real property offers the property owner the option of having the
agency appraise the property, the agency may request approval from the Federal funding agency to use a
waiver valuation for properties with estimated values of more than $35,000 and up to $50,000. Approval
for using a waiver valuation of more than $35,000, but up to $50,000 may only be requested on a project-
by-project basis and the request for doing so shall be made in writing to the Federal funding agency setting
forth the anticipated benefits of, and reasons for, raising the waiver valuation ceiling above $35,000. Within
6 months of completion of acquisition activities a close-out report measuring cost/time benefits,
condemnation rate, settlement rate, and any other relevant metric which the funding agency requires to

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adequately document both the administrative savings and accuracy and efficacy of the waiver valuations
of more than $35,000, but up to $50,000 shall be submitted to the funding agency.

 (E) Under paragraphs (c)(2)(ii)(C) and (D) of this section, if the property owner elects to have the agency
appraise the property, the agency must obtain an appraisal and shall not use the waiver valuation procedures
described in paragraphs (c)(2)(ii)(A) through (D) of this section. (See appendix A to this part, section
24.102(c)(2).)

Waiver Valuation Estimates

Waiver valuations are prepared by ROW Agents, Real Estate Valuation Agents, and ROW Staff
Appraisers. In addition to the 49 CFR Part 24 law stated above, specifications for waiver valuation
estimates may be found in Chapter 4, Waiver Valuation Estimates.

APPRAISALS
Criteria for Appraisal Assignment

Appraisals prepared for VTrans will comply with 49 C.F.R. § 24, and the VTrans ROW Manual, Chapter
3, and are intended to be consistent with the Uniform Standards of Professional Appraisal Practice
(USPAP).

Per 49 C.F.R. § 24.102(c)(1), the owner, or the owner’s designated representative, shall be given an
opportunity to accompany the appraiser during the appraiser’s inspection of the property. A statement
confirming compliance with this requirement shall be included in the appraisal report.

Per 49 C.F.R. § 24.103 (criteria for appraisals, paraphrased):

  The Agency acquiring real property has a legitimate role in contributing to the appraisal process,
 especially in developing the scope of work and defining the appraisal problem. The scope of
 work and performance of an appraisal under these requirements depends on the complexity of the
 appraisal problem.
  An adequate description of the physical characteristics of the property being appraised, and, in
 the case of a partial acquisition, an adequate description of the remaining property which includes
 title information, encumbrances, location, zoning, present use, an analysis of highest and best use,
 and at least a 5-year sales history of the property.
  All relevant and reliable approaches to value consistent with established Federal and federally-
 assisted program appraisal practices.
  A description of the comparable sales, including a description of all relevant physical, legal, and
 economic factors, including parties to the transaction, source, and method of financing, and
 verification by a party involved in the transaction.
  A statement of the value of the real property to be acquired, and for a partial acquisition, a
 statement of the value of the damages and benefits, if any, to the remaining real property, where
 appropriate.
  The effective date of valuation, date of appraisal, signature, and certification of the appraiser.

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  Influence of the project on just compensation. The appraiser shall disregard any decrease or
 increase in the fair market value of the real property caused by the project for which the property
 is to be acquired, or by the likelihood that the property would be acquired for the project, other
 than that due to physical deterioration within the reasonable control of the owner.

Information Furnished to Appraisal Unit Staff and Consultant Appraisers

The ROW Appraisal Chief will assign the appraisal to a real estate valuation agent, staff appraiser, or
consultant appraiser and supply the following information if available:

  Project name, number, PIN, and EA#
  Project ROW plans and Engineering Plans including cross-sections, if necessary/available
  Project Manager name and contact information
  Plans & Titles Agent name and contact information
  Period of construction, due date for assignment, estimate of project start date
  Condemning Authority – State or Municipality
  Intended use, interest valued, type of value, hypothetical conditions, extraordinary assumptions
 and other specific assignment instructions
  ROW Manual Chapter 3 – Appraisal and the Uniform Act, 49 C.F.R. § 24 will be provided for
 use in performing appraisal assignments
  Additional supplemental standards, regulations or requirements may be included
  Parcel File (Property Owner File) - this digital file will be provided to the appraiser. It may
 include the following:
 • Property Owner Report with contact info
 • Summary of Abstract
 • Abstract of Title
 • Lead Deed
 • Legal Documents
 • Tax Map/Survey
 • Assessment Card
 • Miscellaneous pertinent information

Appraisal Scope of Work

The Uniform Act and its implementation rules require a written scope of work when preparing an appraisal.
The purpose of the scope of work is to assist the appraiser, review appraiser and the agency in establishing
the appraisal assignment. The scope of work must meet the following criteria:

  Must be a written statement;
  Must summarize/state the purpose and intended use/user of the appraisal;
  Must provide the definition of fair market value;
  Must provide the definition of the estate being appraised;
  Must provide the effective date of value (this will include the date(s) of inspection and the name
 of the person interviewed) and confirmation that the property owner, or their representative, was
 afforded an opportunity to accompany the appraiser during the site inspection;
  Must summarize/state the description of the neighborhood and proposed project area;
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  Must summarize/state the extent of the subject property inspection (what the appraiser did or did
 not do);
  Must summarize/state the relevant characteristics of the subject property and the extent of
 research in the performance of the appraisal;
  Must state the assignment conditions, hypothetical conditions, and/or extraordinary assumptions;
  Must summarize/state the extent of comparable sales research in performing the appraisal;
  Must summarize/state the highest and best use of the subject property;
  Must summarize/state the approaches to value utilized in performing the appraisal;
  Portions of the scope of work may be included in the body of the report, the Statement of
 Contingent and Limiting Conditions, and the Certification.

The length and complexity of the scope of work is contingent upon the nature of the appraisal assignment.
It is a tool that can be used to determine what type of report is needed and which appraiser will get the
assignment.

Types of Appraisals

Appraisal Report: This reporting format shall be used when a valuation problem is non-complex or
complex. An appraisal report may be used for a total acquisition, partial acquisition and “before” and
“after” appraisals. The State of Vermont employs the State Rule (aka State (Summation) Method) for
determining just compensation. The State Rule is a summation procedure which includes the value of the
part taken plus any damages to the remainder property.

The Appraisal Report will include the following applicable elements and depth of analysis that is
appropriate for the scope of work:

  Identification of the project, the parcel, the property, and its ownership
  Table of Contents
  Summary of Salient Facts and Conclusion
  Scope of Work
  Statement of Contingent and Limiting Conditions
  Certification
  Summary of Values (include before value, acquisition value, and after value)
  Neighborhood Description
  Property Data (Including a five-year minimum delineation of title, which is to include sales of the
 entire property or any portion of the property, and shall show grantor, grantee, date, book and
 page, and consideration). In addition, USPAP requires an analysis of the three-year sales history
 of the subject.
  Property Description (Include the following assignment condition if true: The acquisition of land
 and rights will not measurably impact the improvements. Therefore, this appraisal is based on the
 value of the land, as if vacant, unimproved, and available for development. Include a “before and
 after” analysis if applicable).
  Improvements (Realty fixtures and equipment being acquired shall be fully described)
  Significant items of personal property being acquired should be listed
  Subject Property Sketch (Showing boundary dimensions as relevant to the appraisal problem.
 The sketches may show land types, pertinent landmarks, and the location of the improvements.

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 For partial acquisitions, the sketch will show the area to be acquired, relation of improvements to
 the acquisition area, and the area of each remainder)
  Subject Photographs (Including all improvements and/or unusual features affecting value and
 photographs of the land being affected by the acquisition)
  Highest and Best Use (Statement of support and rationale for the property’s highest and best use
 including discussion of the larger parcel. Include a “before and after” analysis if applicable)
  Opinion of Fair Market Value (This may include the Sales Comparison Approach, Cost
 Approach, and/or Income Approach as applicable. The Allocation Method and Extraction
 Method may also be used to support the opinion of value for vacant land when there are few sales
 available. Include a “before and after” analysis if applicable)
  Analysis of the Acquisition
  Effects of the Acquisition
  Analysis of the Remainder
  Damages to the Remainder
 8. Cost-to-Cure (This shall be supported by the contractor’s estimate of the
 reproduction cost or replacement cost, whichever is the most reasonable and
 logical to develop and use. The estimate shall set forth the type and quantities of
 materials and labor required and the unit prices of each.)
  Valuation of the Remainder (Includes the value of the part acquired, as part of the whole, a
 valuation list of acquisitions, temporary or permanent rights, all right, title & interest, damages
 and cost to cure with a total valuation of each category.)
  Addenda (Include any pertinent documents such as: zoning regulations and map, subject deed,
 location map of the subject and comparable sales, comparable sales description including
 confirmation of the sale, total area sketch and photograph. These items may be incorporated in
 the report or the Addenda.)

Market Data Study

The appraiser(s) develops a market data study which, depending on the extent of the appraisal assignment
may include the following:

  Cover Sheet with pertinent project information;
  Scope of Work including specific definitions and descriptions;
  Economic Land Analysis Study including relevant area statistics and zoning information;
  Market Information describing real estate trends on the larger national or regional level as well as
 the state and local level;
  Sales Information including any unusual market forces and a sales locator map;
  Comparable Sale Descriptions describing the specifics of each sale;
  Additional information may be submitted as needed; and
  Appraiser Qualifications

Data from the Market Data Study is inspected, independently analyzed, and adjusted to the subject by each
individual appraiser that utilizes it.

Review of Appraisals


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The purpose for the review process is to ascertain that the property is fairly, adequately, and impartially
appraised and that the appraisal report is in compliance with the appraisal requirements set forth in 49
C.F.R. § 24.103; the definition of an appraisal in 49 C.F.R. § 24.2; and that it is consistent with the Uniform
Standards of Professional Appraisal Practice (USPAP), Standard Rules 1 and 2.

The ROW Appraisal Chief, qualified staff appraiser, or consultant appraiser will complete the appraisal
review function. The Appraisal Chief will make the Just Compensation determination based on the
appraisal review recommendation. If the Appraisal Chief determines that the appraisal fails to meet
minimum requirements:

 1. the appraiser shall be required to revise his/her appraisal to comply with these requirements or
 2. the appraisal may not be accepted.


See Chapter 5 Appraisal Review for a detailed description of the appraisal review process.


Uneconomic Remnants

A parcel of real property in which the owner is left with an interest after the partial acquisition of the
owner’s property and which the acquiring agency has determined has little or no value or utility to the
owner. [Public Law 91-646, § 301(9)] [49 C.F.R. § 24.2(w)] NOTE: 49 C.F.R. § 24.102(k) states the
following: “If the acquisition of only a portion of a property would leave the owner with an uneconomic
remnant, the agency shall offer to acquire the uneconomic remnant along with the portion of the property
needed for the project. An uneconomic remnant may have substantial “market value” and still have little
or no value or utility to the owner.”

Meeting and Testimony

Appraisers shall attend necessary meetings with representatives of the VTrans to discuss the various
aspects and phases of the appraisal assignment. Appraisers shall attend such pre-trial conferences as may
be required by the AG and shall testify in court, if required, and be prepared to defend their appraisals in
court. The appraiser may testify at Necessity Hearings and during the appeal process regarding waiver
valuations or appraisals. The Appraisal Chief may testify at Necessity Hearings regarding tax loss,
appraisal, or appraisal review.

Appraisals for Court

Upon notification by the VTrans Right of Way Section that a case has been appealed to court and it appears
that there have been measurable changes in fair market value, the appraiser(s) will review their report and
update their value to the date of condemnation. Sales that have occurred after the effective date of the
most recent appraisal, and any other pertinent valuation data, shall be considered in addressing each case.

For court purposes, testimony must be based on a “Before and After” appraisal report.

For non-complex partial acquisitions, and in the absence of severance damages and/or special benefits, the
appraiser shall develop a “Before” Value, from which the acquisition is deducted, resulting in the “After”
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Value.

Prior to court testimony, all appraisals must be reviewed by VTrans Appraisal Chief or a consultant review
appraiser.

MISCELLANEOUS
Loss of Business

Under Vermont’s law, a person whose land is acquired for a highway project is entitled to recover damages
that may include, under the appropriate circumstances, business loss. Claims for business loss may have
merit, may not have merit, or may better be treated as a category of damages to real estate.

Vermont Law: 19 V.S.A. § 501. Definitions: Damages resulting from the taking or use of property under
the provisions of this Chapter shall be the value for the most reasonable use of the property or right in the
property, and of the business on the property, and the direct and proximate decrease in the value of the
remaining property or right in the property and the business on the property. The added value, if any, to
the remaining property or right in the property, which accrues directly to the owner of the property as a
result of the taking or use, as distinguished from the general public benefit, shall be considered in the
determination of damages.

VTrans anticipates that some business owners will be affected by transportation projects and will make
claims for business loss which VTrans must evaluate. The VTrans Assistant Attorney General’s office
and the Appraisal Chief will evaluate the business loss claim for legal compensability. If the business loss
claim has legal merit, the Business Loss Claim will be assigned to a qualified appraiser or economist for
analysis.

The appraiser(s) shall notify the Appraisal Chief that a property owner(s) has made a business loss claim.
The appraiser(s) shall give the property owner(s) a copy of the current Business Loss Claim form. It should
be documented in the appraiser’s work file that the Business Loss Claim form was given to the property
owner(s) on such a date. This information should be relayed to the Appraisal Chief.

Right of Way Cost Estimate

The ROW Appraisal Chief will coordinate the preparation of cost estimates for the Right of Way Section.
Each property will be individually considered. The estimate will be based on the experience of the person
preparing the estimate, consultation with other staff and consideration of other recent or current projects
in the vicinity.

The right of way cost estimate will be combined with other estimates for elements including environmental
mitigation, utilities, hydraulics, safety, structures, surfacing, etc., to arrive at a total project cost estimate.

The acquisition of right of way may be a significant component of total project cost. Even though the
estimate requires minimal value documentation, the estimate should be thoughtfully and fully considered,
in consultation with others, as appropriate.

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Right of Way cost estimates may be prepared for some of the following reasons:

  Planning studies
  Projects
  Agency transportation plans
  Programming
  Environmental impact and related statements
  Public hearings
  FHWA authorization
  Legislative, Federal and State, budget and appropriation analyses

Right of way cost estimates are prepared on the ROW Cost Estimate form and then distributed to the
appropriate personnel.

Procedures for Involvement in Environmental Impact Documents

The Right of Way Section may be involved in the development of any of the NEPA or other Environmental
Documents for Agency projects. The Right of Way Section is more apt to be directly involved, however,
in providing information to the Project Manager, Environmental Specialist, or Historic Preservation
Officer for projects addressed in Categorical Exclusions (CE’s) rather than Environmental Assessments
(EA’s) or Environmental Impact Statements (EIS’s).

EA’s and EIS’s are usually developed for the Agency under all-encompassing consultant contracts. In
those documents, the Right of Way Section’s role is one of review of the information developed by the
consultants.

For Categorical Exclusions (CE):

The Right of Way Chief or the Appraisal Chief forwards the request for involvement received from the
Project Manager, Environmental Specialist, or the Historic Preservation Officer to the Appraisal and
Acquisition Units for preparation of the necessary statements and estimates required for proper completion
of the Categorical Exclusion Environmental Analysis Sheet (attached). ROW’s involvement will be
concentrated on information needed for Items 10 and 11 of the Analysis Sheet.

The Right of Way Appraisal Chief becomes responsible for supplying the requested information to the
Project Manager, who will supply the information to the Environmental Specialist and/or Historic
Preservation officer. The Project Manager, Environmental Specialist or the Historic Preservation Officer
will coordinate with the FHWA to ensure that the proper statements and estimates are completed in an
efficient and timely manner.

  Qualified personnel from the Right of Way Appraisal and Acquisition Units are assigned to
 develop the required information.
  The Project Manager is advised of ROW’s completion schedules and possible special problems
 that could affect the Right of Way Section’s meeting of that schedule.



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  The Project Manager is notified of field reviews, review sessions, and general project
 development for his/her familiarity, review, involvement, and input. He/she will advise the
 FHWA Division, who may wish to be in attendance during the review(s).
  The Right of Way Appraisal Unit will package the developed documents and estimates for
 transmittal and distribution and forward it to the Project Manager, Environmental Specialist, or
 the Historic Preservation Officer for approval.

Additionally, the Right of Way Appraisal Unit may have responsibilities in providing the Project Manager,
Environmental Specialist, or Historic Preservation officer with the following information. This effort may
involve coordination with other sections and units. Property values and/or estimates may be obtained from
public records and/or VTrans files.

  An assessment of the impact associated with the displacement of families, businesses and farms
 and the proposed solutions to relocation problems, including functional replacement of public
 property.
  The project’s impact on neighborhood boundaries, local institutions, community services, land
 uses, and property values.
  The project’s impact on the local tax base.
  Estimate the right of way cost for the alternatives.
  Title searches to establish ownership, boundaries, encumbrances, easements, and other property.
  Computations of land areas.
  Estimates or appraisals for compensation.
  Preparation and processing of documents for agreements between owner or agency with
 jurisdictions of 4 (f) and/or 6 (f) lands and the VTrans.

For EAs and EISs

Because these documents are routinely developed by consultants working for the Agency, the Right of
Way’s involvement will be primarily one of review of the information developed by the consultant team.

Guidelines for preparation of EAs and EISs are contained in FHWA guidance
(http://environment.fhwa.dot.gov/projdev/impTA6640.asp). The Unit will assist the Project Manager in
leading the consultant to development and/or review of the requisite information particular to the project.

In general, however, the following information is developed:

Title Page Identification

  Note whether the Environmental Document is a draft copy or a final copy.
  List the project by name, number, alignment, and any other information assigned to the project.
  List the personnel who prepared or who were involved in preparing the statement.

Introduction

  Indicate the type of project by classification, number of lanes and access.
  Describe the project by each alignment.

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  Alignment by reference to beginning and ending points, intersection with existing highways, and
 proximity to prominent physical features and landmarks.
  General description of the neighborhoods.

Impacts

  The project’s impact on neighborhood boundaries and land uses, and on local institutions, may
 cause disruption or disorientation.
  Community services such as schools, churches, cable TV and/or water systems, recreational parks
 and playgrounds may be disrupted or isolated.
  Property values may increase because of better access, change in use, or increased demand
 because of the project.
  Property values may decrease by reduction in land area, proximity to the highway, or revised
 traffic patterns.
  There may be impacts associated with the displacement of families, businesses, and farms.
  Businesses and highway facilities may be less accessible to the revised traffic patterns.
  The immediate effect of the transportation project on the local tax base and the possible effect on
 the future tax base may be impacted.

Conclusions:

  Summarize alignment(s) from a right of way standpoint including anticipated problems of each
 alignment and analysis of advantages and disadvantages of alignment(s).
  Estimates of the right of way cost for all the alternatives.

Formal review of the EA or EIS will be made by the Chief of Appraisal and the Chief of Acquisition.
Comments will be provided to the Project Manager for his/her use in responding to the consultant or
FHWA personnel involved. Additionally, the Project Manager may request the Chiefs to participate in
formal field reviews or meetings dealing with the EA or EIS under development.




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Chapter 4 WAIVER VALUATION ESTIMATES
GENERAL
The waiver valuation estimate is a documented value approach that is applicable on uncomplicated
acquisitions where the value is expected to be $35,000 or under. Waiver valuation procedures are
acceptable under the Uniform Act and authorized in 49 C.F.R.

§ 24.102(c). The waiver valuation estimate is not an appraisal.

The use of the waiver valuation estimate recognizes that many properties acquired by VTrans do not
require the depth of analysis and detailed documentation that is requiredin a formal appraisal. The use of
the simplified format allows a timelier performance ofvaluations, expeditious negotiations, and quicker
delivery of right of way for project construction.

The requirements for applicability of a waiver valuation estimate are:

 1. Total estimated value to be offered does not exceed $35,000.
 2. The valuation problem is uncomplicated.

The waiver valuation estimate is also applicable on projects administered by localgovernments or sponsors.

Parcels are reviewed by qualified staff prior to assignment to determine whether acquisition valuations
meet waiver valuation estimate requirements. Waiver valuation estimates are assigned to experienced right
of way agents, real estate valuation agents, or staff appraisers who are familiar with the realestate market
in the project area. The person performing the estimate will sign the valuation and certification.

PROCESS
The waiver valuation estimate is a simplified administrative process, but it must be supported by factual
data and analysis, and requires a careful, disciplined approach. VTrans must assure the owner of every
property acquired, regardless of value, that “just compensation” has been fairly and fully determined.

The completion of the major elements of a waiver valuation estimate is briefly discussedbelow:

  Property Information‐Include project name and number as well as parcelnumber and property
 location.
  Description of Acquisition‐Include a brief description of the acquisition areaincluding but not
 limited to size, shape, and reference to the entire property.
  Basis of Valuation‐State the support for the unit value assigned to the land or rights to be
 acquired. This may be the tax assessment value adjusted by the CLA; sales data from a recent
 appraisal on the same or nearby project; recent sales or listings provided by a real estate agent;
 listing sheets; project data book if one exists; or advertisements. The supporting
 documentation’s location shall be noted or attached to the waiver valuation estimate form.


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 • Land Acquired – The square feet or acres in the acquisition area multiplied by the
 assigned unit value as determined under land valuebasis above.
 • Site Improvements – Value may be applied to minor improvements (e.g., fencing,
 landscaping) by a waiver valuation estimate. Describe the site improvement, its
 dimensions, and condition. Assign value with referenceto a cost service (Marshall &
 Swift) or to an installed cost by a local vendor. The agent will determine whether
 improvements, such as landscaping, will be replaced under the construction contract
 before assigning value to the item.
 • Rights – The type of right will be noted and whether it is permanent ortemporary.
 • Certification – The estimator will certify to familiarity of property, absenceof personal
 interest and any benefit from the acquisition.

JUST COMPENSATION
The Acquisition Chief, Appraisal Chief or other staff person as assigned by the Right of Way Acquisition
Manager, reviews the completed waiver valuation estimate and sets just compensation. Waiver valuation
estimates must be reviewed and just compensation set by someone other than the staff member that
performs the valuation.

The person reviewing the estimates will check for factual accuracy, completeness, andlogical explanation.
Consistency in unit values for the same item is particularly important. It may be practical to establish
project unit values for common items (e.g., fencing) in advance of performing the estimates. Questions,
issues, or apparent errors will be resolved informally by discussion with the Agent who made the estimate.

The minimum acquisition payment for a temporary right is $100. The minimum acquisition payment for
a permanent right is $250. The total minimum waiver valuation per parcel is $500.

DELIVERY OF OFFER
The value arrived at by waiver valuation estimate may be offered to the property owner by the same agent
that performed the estimate when the value is $15,000 or less. The Federal conflict of interest rule at 49
C.F.R. § 24.102(n)(3), prohibits the same agent or appraiser that prepared the waiver valuation from
negotiating with the property owner when the value is $15,000 to $35,000. When the waiver valuation
estimate offer is between $15,001 and $35,000, the propertyowner must be given the option of having an
appraisal performed. If the property owner requests the option of an appraisal in this situation, an appraisal
shall be obtained.

Approval for using a waiver valuation of more than $35,000, but up to $50,000 may only be requested on
a project-by-project basis and the request for doing so shall be made in writing to the Federal funding
agency setting forth the anticipated benefits of, and reasons for, raising the waiver valuation ceiling above
$35,000.




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Chapter 5 APPRAISAL REVIEW
GENERAL
Purpose and Function

The ROW Appraisal Chief or a qualified designated VTrans employee determines the amount of money
which the State believes to be just compensation for each parcel of real property the agency wishes to
acquire. These determinations are made by either recommending an appraisal as the basis for each
determination or by developing and reporting an alternate amount. This process fulfills the appraisal
review requirements of 49 C.F.R. § 24.104 which is referred to as “The Uniform Act”.

The Uniform Act is the law that governs the acquisition of real property with Federal funds. It is
incorporated by reference into this Right of Way Manual.

49 C.F.R. § 24 is available on line at https://www.ecfr.gov/current/title-49/subtitle-A/part-24

Appraisals must conform to the applicable requirements of The Uniform Act and Chapter Three, Appraisal,
of this Manual elsewhere. Appraisals shall be consistent with the Uniform Standards of Professional
Appraisal Practice (USPAP).

The Uniform Appraisal Standards for Federal Land Acquisitions (USAFLA), commonly referred to as
“The Yellow Book” is a guide that is sometimes referred to by the VTrans. It is applied to reports that are
prepared for the acquisition of lands owned by the Federal government.

All appraisals completed for transportation projects are subject to review by a qualified reviewing
appraiser. The recommended and approved appraisal serves as the basis for the establishment of just
compensation.

 In condemnation, just compensation is the amount of loss for which a property owner is compensated
when his or her property is taken. Just compensation should put the property owner in as good a position
pecuniarily as he or she would be if the property had not been acquired. Just compensation is generally
held to be based on fair market value, but courts have refused to rule that it is always equivalent.

Primary Duties and Responsibilities

It is the reviewing appraiser’s responsibility to ensure that all appraisals are prepared in accordance with
the Uniform Act, USPAP, and the ROW Manual. The appraiser’s presentation and analysis of market
information in accordance with these standards should demonstrate the soundness of the appraiser’s
opinion of value.

If appraisal reports are not acceptable as first submitted, the reviewing appraiser will work with the
appraiser in an objective and advisory manner to facilitate the submission of an acceptable report.

If the reviewing appraiser is unable to recommend an appraisal as the basis for determination of the offer
of just compensation, a second appraisal may be obtained subject to the judgment of VTrans staff that such
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an approach is practical.

If obtaining a second appraisal is not practical, the reviewing appraiser may present and analyze market
information in conformance with documents listed above. Acceptable portions of an otherwise
unacceptable report need not be repeated. The resulting reviewer’s report will become the basis of the just
compensation determination. However, VTrans may, at its option, obtain a second review.

The reviewing appraiser shall include an Appraisal Review Statement and Certification as part of each
review. The Appraisal Chief or qualified VTrans employee shall determine just compensation
independently, based on the recommended appraisal and/or other market information.

The reviewing appraiser shall not review an appraisal report, nor make a just compensation determination,
for any property in which that person has a present or contemplated future interest.

APPRAISAL REVIEW PROCEDURES
Review of Market Data Studies

Market data studies may be prepared prior to appraisal reports and are subject to desk and field reviews.
Field reviews include a review of the transportation project, neighborhood, and comparable sale properties.
The purpose of the field review is to ensure that the market data study and other valuation criteria
adequately satisfy the need of the project. The market data study should receive a preliminary approval
by the Appraisal Chief before it is used to appraise properties. Additional information may be submitted
and approved as needed.

Desk Review of Appraisal Reports

At a minimum, each appraisal report will receive a desk review. The reviewing appraiser will develop an
opinion of the appraisal report’s completeness, accuracy, adequacy, relevance, and reasonableness. An
appraisal review checks for compliance with project requirements, project plans, and specifications. The
reviewing appraiser ascertains that the appraisal includes all compensable items and excludes non-
compensable items.

Field Review of Appraisal Reports

Depending upon the scope of work for the appraisal review assignment, the reviewing appraiser may
complete a field review. Field reviews may include inspecting the subject property, viewing the subject
and/or comparable sales from the street, and viewing the subject neighborhood. The depth of the field
review depends upon the value and complexity of individual property takings.

Review of Specialty Reports

When separate valuation reports for realty fixtures such as machinery and equipment or similar specialty
items are required, the reviewing appraiser may inspect the items and review the report. Such reports are
reviewed and approved prior to use in appraisal reports.

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Specialty reports shall meet the following requirements before approval and incorporation into appraisals,
or before being distributed for use:

  Complete and in accordance with applicable State and Federal requirements.
  Follow accepted principles and techniques for the item, including explanations and/or
 substantiations for conclusions and estimates.


Corrections by the Appraiser

The reviewing appraiser shall request and obtain such corrections, revisions, or additions as are required
to meet appraisal requirements. All such activities shall be documented and retained as part of the
reviewing appraiser’s work file.

Corrections by the Reviewing Appraiser

The reviewing appraiser may supplement appraisal reports with corrections of minor mathematical errors
where such errors do not affect the final value conclusion. Such corrections will be noted in the Appraisal
Review Statement and Certification.

Noncompliance

When applicable, the reviewing appraiser shall document the circumstances and reasons why any
procedure may not have been performed.

JUST COMPENSATION DETERMINATIONS
Preparation

If, during negotiations, it is found that a pertinent value factor has not been considered, the just
compensation determination may be rescinded. A new appraisal may then be made and reviewed, resulting
in a new offer of just compensation.

Increases and decreases in fair market value prior to the date of value estimate caused by the public
improvement or likelihood that such property would be acquired for such improvements are to be
disregarded in just compensation determinations.

Appraisal Review Statement and Certification

The reviewing appraiser shall prepare an Appraisal Review Statement and Certification for each appraisal
report. This statement will accompany the appraisal report.

The Appraisal Review statement will indicate whether the individual appraisal report is:

  recommended as the basis for the establishment of the amount believed to be just compensation
  accepted as meeting all appraisal requirements (but not recommended) or,
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  not accepted.




APPRAISAL REVIEW FORMS
The forms used by the Appraisal Chief or the staff or consultant review appraisers are briefly defined in
the following paragraphs:

   Right of Way Appraisal and Acquisition Accounting form, commonly referred to as “the Green
 Sheet,” (TA ROW 237) is completed by the ROW Appraisal Chief or a qualified designated
 VTrans staff employee and is submitted with the approved appraisal report for Federal and State
 accounting purposes.
   Appraisal Review Statement and Certification form is the reviewer’s certification that the
 appraisal report and the appraisal review are consistent with the Uniform Act, USPAP, and this
 ROW Manual. It also includes the recommendation of the dollar amount that is believed to be just
 compensation.
   Reviewer Notation forms are used for written appraisal reviews.
 9.

Note: Exhibits of forms contained in this Chapter are only samples. Those using forms or exhibits for
projects are responsible for using the latest version of the required documents.




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Chapter 6 ACQUISITION
GENERAL
Purpose

This chapter describes the organization and prescribes the general policies of the Acquisition Unit of the
Right of Way Section, relating to acquisition of real property by negotiated purchase. The intent and
purpose of these policies, therefore, is to assure theestablishment of uniform real property acquisition
practices to provide consistent, equitable treatment for owners and tenants of real property acquired for
Federal and Federally‐assisted transportation projects.

Policy

Negotiated Purchase & Notice to Owner

To encourage and expedite acquisition by agreement, VTrans will make every reasonable effort to acquire
real property by negotiation. As soon as feasible, the owner will be notified that VTrans is interested in
acquiring said real property. If the owner designates someone other than himself or herself to negotiate, a
letter should be obtained signed by the property owner stating who his/her representative is and how
contact should be made.

Prompt Offer

VTrans will make a prompt offer to acquire real property for the full amount it has established and approved
as just compensation for the acquisition. Although the Uniform Act specifies that in-person offers are
preferred, they are not required. Due to the rural nature of Vermont, standard procedure is to send initial
offers by Certified Mail with return receipt requested via USPS or other company that provides the same
function as certified mail with return receipts. FHWA may also approve electronic delivery of offers after
written confirmation from the property owner.

Summary of Valuation

VTrans, upon initiation of negotiations, will provide the owner of real property to beacquired with the
written statement of, and summary of the basis for, the amount established as just compensation for the
proposed acquisition.

As a minimum, the summary of valuation will include:

  The amount established as just compensation.
  A statement explaining that the offer is based on a review and analysis by the VTrans of an
 appraisal(s) or waiver valuation process of such property made by a qualified appraiser(s),
 valuation agent(s), or negotiation agent(s).
  Identification of improvements and fixtures considered to be part of the realproperty to be
 acquired. Where appropriate, the just compensation for the real property to be acquired and for
 damages to remaining real property will be separately stated.
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Surrender of Possession

No owner will be required to surrender possession of real property before the VTrans pays the agreed
purchase price or the amount of the award of compensation in the condemnation proceedings for such
property. For all State projects and on municipal projects where an agreement has been reached, if the
acquisition involves an improvedproperty on Federal‐aid projects, the owners have no less than ninety (90)
days notice after at least one replacement dwelling has been identified and 30 days notice to vacate from
the date title passes on the replacement dwelling. In rare instances, for municipal projects, where
condemnation of an improved property is involved, the municipality may extend the vacating period.

Coercion

In no event will VTrans, in order to compel an agreement on the price to be paid forthe property:

 1. advance the time of the condemnation; or
 2. defer negotiations; or
 3. defer condemnation and payment; or
 4. take any other action coercive in nature.

Uneconomic Remnant

If the acquisition of only part of a property would leave its owner with an uneconomicremnant(s), the
VTrans will offer to acquire, but the owner is not obligated to sell the uneconomic remnant(s). Uneconomic
remnant is defined in “Chapter Three, Appraisal.”

Improvements - Interest to be Acquired

If the VTrans acquires any interest in real property, it will acquire at least an equalinterest in all buildings,
structures, or other improvements located upon the real property.

Improvements - Just Compensation

For the purpose of determining the just compensation to be paid for any building, structure, or other
improvement acquired, the building, structure, or other improvements will be deemed to be part of the real
property to be acquired.

Improvements - Tenant Owned

The tenant who owns a building, structure, other improvement and any other interest in the real property
to be acquired will be paid the fair market value which the building,structure, or improvement contributes
to the fair market value of the real property or the fair market value of the building, structure, or
improvement for removal from the real property, whichever is greater.

Special Conditions

Payment under the previous paragraph will not result in duplication of any payments otherwise authorized
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by law. No such payment will be made unless the owner of the land involved disclaims all interest in the
improvements of the tenant. In considerationfor any such payment, the tenant will assign, transfer, and
release the VTrans all his/her right, title and interest in and to such improvements. A separate summary
statement will be provided to such tenant where his/her improvements are being separately acquired.

Tenant Rights

Nothing in any of the previous paragraphs will be construed to deprive the tenant ofany rights to reject
payment under these paragraphs and to obtain payment for suchproperty interests in accordance with other
applicable law.

Donations

Nothing in this Chapter will be construed to prevent a person whose real property is being acquired for a
Federally‐aided transportation project from making a donation of such property, or any part thereof, or of
any of the compensation paid therefore, after such person has been fully informed of his/her right to receive
just compensation for the acquisition of his/her property. The acquisition document must contain a
statement whereby the owner acknowledges and releases the Agency his/her right to receive just
compensation as well as the Agency’s obligation to perform and provide an appraisal.

Civil Rights

In accordance with the provisions of Title VI of the Civil Rights Act of 1964, as revised,the acquisition
function, will be conducted in such a way and manner as to assure thatno person shall, because of race,
color, disability, sex, age, or national origin, be deniedthe benefits to which the person entitled, or be
otherwise subjected to discrimination.

Public Hearings

VTrans Right of Way personnel may be required to provide information for public hearing presentations
where right of way issues are involved, and be available for discussion at these public hearings to assure
that the public is adequately informed.

GENERAL PROVISIONS AND PROJECT PROCEDURES
General Provisions

Vermont Acquisition Procedure Brochure

VTrans has prepared a brochure describing the land acquisition process under Vermont law, and the
owner’s rights, privileges, and obligation thereunder. The information contained therein is clearly
presented in nontechnical terms to the extent practicable. If necessary, at any time, this brochure will be
written in a language in addition to English. The brochure will be made available to the owners during the
negotiation process.



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Project Procedures

Hardship Acquisition and Protective Buying

In extraordinary cases or emergency situations VTrans may request and the FHWA may approve Federal
participation in the acquisition of a particular parcel or a limited number of particular parcels within the
limits of a proposed highway corridor prior to completion of processing of the final environmental
document, but only after (a) the VTrans has given official notice to the public that it has selected a
particular location tobe the preferred or recommended alignment for a proposed highway, or (b) a public
hearing has been held or an opportunity for such a hearing has been afforded. Proper documentation shall
be submitted to show that the acquisition is in the public interest and is necessary to:

  Alleviate hardship to a property owner, on his/her request because of an inabilityto sell his/her
 property.
  Prevent imminent development and increased costs of a parcel which tend to limit the choice of
 highway alternatives.

Negotiations of hardship and protective buying acquisitions are conducted under the following procedures:

  The owner requests acquisition in writing, citing reasons for a hardship, not onlybecause of the
 highway project.
  The owner requests acquisition in writing because his/her desire to sell and theState’s desire to
 buy is mutual.
  In the situations cited in the two previous paragraphs, the State has not yet beengranted
 necessity; therefore, the owners will be advised that they are under no legal obligation to convey
 if they do not agree with the State’s offer.
  Hardship acquisition and protective buying procedure shall not apply to properties subject to the
 provisions of U.S.C. 1653(f) (commonly known as Section 4(f) or 16 U.S.C. 470(f) (historic
 properties) and cannot be acquired without the required Section 4(f) determination and the
 procedures of the Advisory Council on Historic Preservation. Hardship and protection buying
 acquisition of property shall not influence the environmental assessment of a project, including
 the decision relative to the need to construct the project or theselection of a specific location.
  Ultimate Federal participation in the cost of hardship and protective buying acquisitions is
 dependent upon the incorporation of such property in the finalhighway right of way. Where a
 parcel is partially incorporated, Federal participation will be in accordance with the alternative
 selected for statewide application pursuant to 23 C.F.R. § 710.301.

As an alternative to the previously described procedures, hardship and protective buying acquisitions may
be purchased by the State, with 100% State funds, without jeopardizing project funding participation,
provided the purchase adheres to the provisions of the Uniform Relocation Assistance and Real Property
Acquisition PoliciesAct of 1970, as amended, Title VI of the Civil Rights Act of 1964, as revised, and 49
C.F.R. § 24. These funds will remain nonparticipating and cannot be retrieved via FHWA future
participation.

Town and Municipal Agreements


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On all projects for which a Town or Municipality is to be the condemning authority,negotiations will not
commence prior to the receipt, by VTrans, of a completed Agreement between the State and the local
governing body.

Project Field Inspections

Acquisition personnel, as required, will make project field inspections at appropriate times throughout the
development of a project to assure that adequate consideration isgiven to significant right of way elements
involved in the location and design of the project, including possible social, economic, and environmental
effects.

Environmental Site Assessments (ESA)

Any commercial property being acquired in fee should be evaluated for the existence of hazardous
materials and in many cases will require a Phase I ESA be performed to establish innocent landowner
status.

Functional Replacement of Real Property in Public Ownership

Functional replacement is defined as the replacement of real property in public ownership, either lands or
facilities, or both, acquired as a result of a transportation related project with lands and facilities, or both,
which will provide equivalent utility.

All State and political subdivisions thereof that acquire real property in public ownership for any
transportation related project may incur costs of the functional replacement of acquired real property and
Federal funds may participate in such costsby following the provisions outlined in 23 C.F.R. § 710.509,
Subpart E.

Functional Replacement

When the State proposes to acquire property to be functionally replaced that is in publicownership, the
State may elect to apply to FHWA for costs necessary to replace the facility being acquired with a similar
need facility that offers the same utility, including betterments and enlargements required by existing local
laws, codes, and reasonable prevailing standards in the area for similar facilities. Vermont law permits the
incurrence of functional replacement costs.

Federal participation and involvement in the functional replacement provisions requirethe following:

  The property to be functionally replaced is in public ownership.
  FHWA has concurred that functional replacement is in the public interest.
  FHWA has granted authorization to proceed on such basis prior to incurrence ofcosts.
  The functional replacement takes place, and the costs of replacement areincurred.
  Replacement sites and construction are in compliance with existing codes, laws,and zoning
 regulations for the area in which the facility is located.
  Reimbursement for a functional replacement is on a cost by cost basis.


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During the early stages of project development appropriate VTrans officials will meet with the owning
agency to discuss the effect of a possible acquisition and potential application of the functional replacement
program. A summary and results of discussions held, and decisions made concerning function replacement
will be includedin the environmental documents if required for a project.

Upon receipt of the environmental document approval, and when applicable, a Judgment Order for
necessity or a location determination is imminent, a request to FHWA to authorize the preliminary
development of functional replacement plans, specifications, and estimates of the replacement
improvements and appraisals of theacquired and replacement sites will be initiated by the Right of Way
Section.

When the owning agency desires the provisions of the functional replacement program, they will be
instructed to initiate a formal request to the VTrans with a full explanation as to why it would be in the
public interest.

If VTrans agrees that functional replacement is necessary and in public interest a request for FHWA
concurrence will be submitted. The request will include, but not belimited to:

 • Cost estimate data and related information relative to a contemplatedsolution.
 • Agreements reached at meeting between the VTrans and the owningagency.
 • An explanation of the basis for request.
 • A statement that replacement property will be acquired in accordancewith the provision
 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
 1970, as revised, referred to as the“Uniform Act” and applicable FHWA Directives.

When FHWA has concurred that functional replacement is in the public interest and itinvolves facilities
with minor improvements, the State may request FHWA authorization to proceed with development of
detailed plans, specifications, and estimates.

Complete plans, specifications, estimates, and modifications thereof will be submittedto FHWA for review
and approval in these instances. Upon approval, the State will execute an agreement with the displaced
agency that sets forth:

 • The rights, duties, and obligations of all parties with regard to the facility being
 acquired, the acquisition of replacement site, and the construction ofthe replacement
 facility.
 • How the costs of the new facilities are to be shared between the parties.
 • Any improvements that are required by existing code, ordinance or lawswill be itemized
 including their estimated costs and such costs may be participating, and;
 • Provisions that allow periodic inspections by Right of Way personnelduring construction
 of the replacement facility.

If an alternate solution to the functional replacement program is used; the State will conduct a final
inspection with the owning agency and building contractor of the completed replacement facilities. A joint
certified statement will be signed by an appropriate official of the displaced agency and the State that:

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 • Final inspection has been made.
 • The replacement facility has been acquired and/ or constructed inaccordance with the
 provisions of the executed agreement.
 • The state is released from any further responsibility.

Land Service Facilities

Purpose

To establish policy guidelines based upon social, environmental and economic considerations to be utilized
in evaluating the need for, and the participation of, Federalfunds and the cost of land service facilities
designed to provide or restore access in special situations not otherwise justified.

Background

Highway construction often results in changed conditions which create access problemsto both public and
private property. Design features such as private roads, frontage roads, sidewalks and pedestrian
separations, and combination drainage and vehicular or stock passes are normal considerations during the
location and design of a highway. The general objective is to restore access, land service and to provide
access for public use.

Public Use and Benefit

Public Use and Benefit land service facilities will be justified by the VTrans primarily onthe basis of
economics. These facilities are for the purpose of restoring access to and within private properties. When
a structure is required for this purpose a common costbasis will be used in determining the mitigation of
damages. Mitigation will be measured by the cost of a structure of the length required to cross over or
under a two‐ lane highway.

An appraisal outlining before and after fair market values of the property, both with and without the
proposed facility, will be used as a comparison with the construction cost of the proposed facility to
determine the justification for the facility.

Land service facilities or private use and benefit facilities will be programmed as a rightof way cost item.

General conditions:

 • Land service facilities should serve more than one property and useexisting structures.
 • Right to use by each owner must be protected.
 • Federal funds shall not participate in payments made in lieu ofconstruction of a land
 service facility.

Federal Land Transfer and Direct Federal Acquisition

Purpose

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To prescribe VTrans policies and procedures relating to Federal land transfers and direct Federal
acquisition for Federal‐aid highway projects.

Federal Land Transfer Procedures - General

When the transfer of lands or interests in lands owned by the United States to the Stateof Vermont becomes
necessary for highway purposes, the following procedures will beaccomplished in accordance with 23
C.F.R. § 710.601.



Certain Federal agencies such as General Services Administration, Bureau of Indian Affairs, Army, Air
Force, Navy, and Veteran’s Administration have the authority to grant rights of way over lands under their
jurisdiction by special legislation. When it becomes necessary to transfer lands or interests in land owned
by these agencies to VTrans for highway purposes, and unless these agencies prefer otherwise, VTrans
will file an application for transfer of land or rights directly.

Federal Land Transfer Procedures - U.S. Forest Service

FHWA and USFS have executed a MOA for land transfers involving the National Forest. When the transfer
of lands or interests in lands owned by the United States Forest Service to VTrans becomes necessary for
highway purposes, the following procedures will be accomplished (see 23 C.F.R. § 710.601).

  When a project affects lands of the United States Forest Service (National Forests), the VTrans
 must work closely with the local Forest Supervisor to enablehim/her to be familiar with the
 project and to provide the VTrans with a statement regarding § 4 (f) applicability. When the §
 4(f) statement is received and plans are available, FHWA is requested to secure a letter of
 consent and right of entry from the Forest Service. This request is sent with the following
 attachments:
 • An original and five copies of an unexecuted Highway Easement Deed with a metes and
 bounds description in the body of the deed. The Deed should contain a reversion clause
 in the event the easement is no longer needed for transportation purposes. Attached to
 these will be color codedRight of Way plan sheets and corresponding detail sheets. They
 will be marked exhibit A.
 • A letter from the Forest Supervisor confirming that 4 (f) lands are notinvolved.
 • One set of full size Right of Way plans for the involved area includingtitle, typical,
 detail, plan, and profile sheets with cross sections.
 10.
  The request will include statements relative to the above‐mentioned attachmentsplus:
 • Purpose for which lands are to be used.
 • A summary statement of what is in the deed.
 • Fee interest in the land required by Vermont State statue.
 • Federal‐aid project number.
 • Document who has jurisdiction over the lands to be transferred.
 • A commitment to use the land for highway purposes within a period ofnot more than 10
 years subsequent to the transfer.
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 • A statement of compliance with the National Environmental Policy Act of1969, the
 National Historic Preservation Act of 1966, if applicable.
 • A copy of the Archaeological Report.
 • The date of the approval of the environmental document.

Acquisition from Other State Agencies

General Provisions

When the right of way line of a project has been determined and it is found that land belonging to another
State agency will be affected and is necessary to the project, suchagency should be contacted as soon as
possible and informed of the taking. Such contact should be made by the Right of Way Chief, or his
appointee, to the administrative head of the affected department as follows:

  The contact should be by letter with an explanation of why the land is needed,accompanied by a
 proper marked‐up plan or plat of the affected area, and thatfurther contacts will be made.
  The parcel is given a number and a file prepared as with the acquisition of any other parcel.
 When the necessity petition for the project is prepared, a copy shallbe delivered to the affected
 department/agency.
  It should be remembered that the land cannot be condemned, and acquisition is amatter of
 interdepartmental negotiation and cooperation resulting in an executive order for the actual
 transfer of the property.
  It is important that all contacts with the affected agency be documented andinserted in the
 proper file.
  An appraisal of the parcel may be made when Federal funds are participating inthe project.

Executive Order

When an understanding and agreement have been reached by the agencies concerned, an Executive Order
is prepared. After this is approved as to legal form by the Assistant AG the original is forwarded with
transmittal letter of explanation to the Governor for his/her official signature. Once the original document
is returned to the ROW Section, itis recorded in the appropriate land records.

When the Executive Order has been recorded and returned by the Town Clerk; ROWdistributes the order
as follows:

 • Original – Secretary of Civil and Military Affairs, if not handled byGovernor’s office
 • Copy – Secretary of State
 • Copy – Agency from who acquired
 • Copy – Project file
 • Copy – Property Management Unit

Where applicable, plats are attached to all copies of the Executive Order. These will denote details of the
affected parcel such as parcel number, acreage, property lines, the Agency from whom the property was
acquired, and possibly other data. Acquisitions from other State agencies may also be acquired in exchange
or substitution of excess land held by the VTrans. Parcels involved should be of approximate equal value
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and/orsize and the exchange should be in the best interest of the State.

NEGOTIATIONS
Procedures-Prior to Negotiation

Authority to Acquire

Where Federal funds are to participate in a transportation project or for a related purpose, FHWA’s
authorization should be verified by Acquisition Chief.

Assignment of Personnel

At the appropriate time the Acquisition Chief will assign personnel to begin negotiations on a specified
date of all or a portion of a highway or transportation project. Negotiations shall be conducted by qualified
staff or fee negotiators. TheVTrans may employ fee negotiators when needed.

Incentive Payments

FHWA has approved the use of ROW acquisition incentive payments after a successful pilot period in
2023. Offering an incentive is not a requirement for every project. If an incentive payment is offered for
a project, it is required that every parcel impacted by the project be offered the same opportunity to receive
an incentive payment.

Rules when incentive payments are used for an acquisition project:

 1) Owners of all impacted parcels on the project will be offered the opportunity to receive the
 incentive payment if they complete negotiations and sign an Option (or a Deed) within 30 days of
 receiving their complete offer package.
 2) The Incentive payment will be a lump sum offer based on the determination of Just
 Compensation (as outlined below).
 3) After 30 days, standard negotiations will continue, with no offer of an additional incentive
 payment.
 4) The same opportunity for Administrative Settlements will be available when justified and
 substantiated by the relevant facts, but no incentive payment will be offered above the original
 determination of Just compensation or after 30 days from the initial offer being made.

Incentive Payment Criteria:

An additional 10% above Just compensation will be offered.

The minimum Incentive Payment will be $500.

The maximum Incentive Payment will be $5,000.

Project Orientation
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The Chief of Acquisition may hold a project orientation meeting if in his/her opinion thesize or complexity
of the project warrants it. Invited to this meeting will be the Right of Way Chief, Appraisal Chief, and/or
the appraiser(s), Chief of Plans and Titles and/or the Plans and Titles Agent(s), the Negotiator(s) assigned
to the project,and any other person who might be helpful.

The agenda for this meeting might include review of the plans with cross sections and profiles, discussion
of the appraisals, review of hearing transcripts and files, discussionof any unusual or unique situation, and
discussion of any special needs or requests of the owners or affected parties.

Following the project orientation meeting, a “walk” of the project might be undertakenby all or some of
those who attend the meeting.

Title Updating

There is no set rule to follow to determine whether the time interval, beginning from thedate of the last
updating to the current date, is sufficient to cause title changes. Changescan and do occur daily; the larger
the project the greater the importance. Nevertheless, the offer must be made to the owner of record which,
if accepted, also must be acceptable to all the mortgagees, lien holders, and attaching creditors. If the offer
under necessity and condemnation process is not accepted, the parcel will be condemned, and all parties of
interest must be named on the Fair Market Value check. The following instructions will be carried out:

  The Negotiator will update title in the office of the City or Town Clerk. Negotiators may be
 required to update the file they have been assigned to negotiate, or a random selection of those
 available for this purpose. Title updating will be done with the owner file available, containing
 at a minimum, the latest complete title abstract.
  All title changes including encumbrances require that the Negotiator notify promptly the
 appropriate people by Change Order accompanied by all necessaryevidence including photos,
 certificates, and other data. Any changes in title are vital to the continued accuracy of hearing
 notices, documents, payments, plans, and records. If there is doubt whether a change has
 occurred, the file should be submitted to the Chief of Acquisition requesting clarification of the
 facts as the Negotiator understands them. This applies to, changes to plans, the appraisal, title,
 documents, or anything else.

Negotiators Project File

During the project negotiation phase, the Negotiator should maintain a file containing any material he/she
deems necessary to assist him/her to conduct efficient negotiations.Any such material in the file should be
retained until the acquisition process is complete. This material can then be incorporated into the
appropriate property ownerfiles or project general file and any nonessential material should be discarded.

Change Orders

The proper use of Change Orders is a very important function of the negotiation procedure. From the time
the title is updated until the property is acquired, a change inthe title or the taking can occur, and the plans
must be revised accordingly. Thus, a Change Order becomes the vehicle of record which, if approved,
results in a revision of the plans. The following should be noted:

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  All Change Orders will be completed, dated, and signed by the Negotiatormaking the request.
  Change Orders must be clearly stated, as brief as possible consistent with theneed for all
 supporting information and separated according to projects and owners. If the parcel is under
 negotiation and critical, so indicate in some manner.
  The Change Order together with the supporting data will be attached to the fileand submitted to
 the Plans and Titles supervisor for approval and action.

Procedures-During Negotiations

Negotiation Contacts:
Prompt Offer

Prompt written offers will be made upon receipt of the valuations. The Negotiators, following assignment
of files, will review the title, type of acquisition, the recommended water solution (if any), appraisals,
approved offers, legal instruments, plats, and correspondence; all of which will be correlated with the
project plans. If questions or errors are found, the plans should be revised by Change Order.

Forms below are be completed and inserted in the acquisition jacket following the packaging format
described later in this chapter:

  Legal Rights
  Request for Taxpayer Identification Number and Certification
  Certificate of Project Examination
  Certificate of Negotiator
  Summary of Valuation Statement
  Offer Letter(s)
  Summary Sheet
  Contact Sheets
  Description and Plat

The offer package will be prepared by the assigned Negotiator and will contain as much pertinent
information as required to adequately explain the effects of the proposed acquisition on the subject
property. It will include, but not be limited to, the typed offer letter signed by the Negotiator, the summary
of valuation statement form, the pertinent valuation documents (Waiver or Appraisal) with all appropriate
entries completed, a clearly understandable marked-up plat (color coded), an acquisition procedures
brochure, a blank W-9 form, and a return mail envelope.

If a reply has not been received by the requested date, the Negotiator will indicate follow‐up procedures,
by telephone if possible, or by any other means necessary.

In the event an owner’s concerns cannot be satisfied by telephone, and/or a request for personal contact
has been received, negotiations will follow the usual procedures as set forth under “Negotiations by
Personal Contact” in this chapter. All requests for personal contacts or other appropriate personal services
will be honored.

In the event negotiations by mail and telephone reach an impasse, every effort will bemade to personally

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contact the property owner prior to submittal of the parcel for condemnation.

Negotiations by Personal Contact

When contacting a property owner, either in an initial contact or a follow‐up to a contact by mail, the
Negotiator will provide an accurate and comprehensive explanation of the plans, cross sections, profiles,
aerial photos, appraisal process, prorating of taxes (if applicable), and of payments for incidental expenses.
When feasible the Negotiator will inspect the acquisition with the owner and provide any service which
will help him/her better understand how the property is being affected.The Negotiator will promptly obtain
the answers to all questions as a necessary objective to reaching agreement with the owner.

Negotiator will schedule, in a timely manner, as many contacts with the owner as arenecessary to conclude
satisfactory negotiations. The status of each parcel will be discussed on a regular basis with full knowledge
that the owner will be favorably inclined toward a businesslike approach. Negotiator, at his/her discretion
will then proceed to “firm up” negotiation and attempt to reach agreement. If no agreement is reached the
Negotiator will advise the owner again of his/her alternatives and thank him/her for his/her courtesy.

  Legal Rights – The Negotiator will, following the initial explanation of the owner’s rights,
 privileges, and obligations, continue to provide such informationand answers to questions of this
 nature as may be necessary until negotiation is concluded. If any reasonable efforts fail to make
 a personal contact as requested or intended, the owner will be contacted by certified mail and
 explanation of the circumstances and action taken will be placed in the property owner file.
  VTrans generally acquires real property by deed.



The Negotiator will, when agreement is reached on the consideration to be paid and all special agreements,
prepare the conveying instrument for executing as follows:

  Enter the standard expiration date of one year (unless otherwise instructed).
  Enter the amount of consideration to be paid and the terms of payment (same amount in
 writing).
  Enter the date of signing.

Following which, Negotiator will have:

  The owner(s) or the authorized person for the ownership (so determined in fact)sign exactly as
 shown on the conveying instrument.
  Have a notary public complete and sign acknowledgement. Negotiator, who is a notary public,
 can execute the acknowledgement.

Following which, Negotiator will:

  Give the owner or authorized person the duplicate copy to retain for his/herrecords.



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  Advise the owner or authorized person that releases from encumbrances (if any) listed on the
 conveying instrument will have to be obtained before the conveyinginstrument can be processed
 for payment. The check, grant or deed, and a letter of instructions will be sent by certified mail.
  Advise the owner or authorized person that, if he/she has further questions in the meantime
 regarding the acquisition or payment, to contact the Negotiator byphone, letter or email.
  If a grant of temporary rights form is utilized no releases arerequired for the encumbrances.
 The Negotiator will arrange for any eligible incidental expenses, imposed by the State of
 Vermont, to be paid by VTrans at no expenditure to the owner.

Negotiation with Utilities

Negotiations with utility companies will be conducted in the same manner as all others,unless the VTrans
and such utilities are in general agreement that it would be most feasible if only one contact per project be
made with the company concerned.

Following this, if it has been agreed that the offer is fair and acceptable, the parcel(s)should be allowed to
proceed through the normal condemnation procedure which would save time and money for all concerned.

Vermont’s Acquisition Procedure Brochure

The Negotiator, not later than the first contact where price is discussed, will provide theowner with a
brochure prepared by the VTrans describing the land acquisition process in Vermont and the owner’s
rights, privileges, and obligations under State and Federal law.

Revised Offers

The Negotiator will provide the owner with approved revised offers when:

  The extent of the taking is revised.
  The Appraisal Chief or reviewing appraiser approves a revised estimate of just compensation.

Time to Consider Offer

Negotiation personnel will make every effort to provide each property owner with areasonable time period
to consider the offer, including professional advice and assistance if it becomes necessary.

Owner Retention of Improvements

The owner of improvements located on lands being acquired as right of way may be offered the option of
retaining those improvements at a retention value determined by the Chief of Acquisition based on
Negotiator’s recommendation and/or information contained in the appraisal.

The assigned Negotiator will initiate the property management disposal report within areasonable time
after owner expresses interest in retention. The Relocation Assistance Officer on the project has the
responsibility to maintain an inventory of improvements.


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Note: The Relocation Assistance Officer’s responsibility ceases when the project is certified as clear for
construction. Disposition of the remaining improvements, whether by demolition or sale, will be
determined by the Negotiator and the decision entered onthe project improvements inventory.

The Negotiator has the responsibility to determine an improvement disposal value. Theoriginal copy of the
property management disposal report will be included in the owner file. The Negotiator will enter the
disposal value and the reduced fair market value amounts on the summary of valuation statement form.
The reduced fair market value amount should be entered on the appropriate form.

  The reduced fair market value offer will be presented and confirmed in writingas provided
 above. The owner’s decision on retention should be obtained as soon as possible. The
 Negotiator should be careful to give consideration for theowner’s ability to comply with the
 removal date in order to meet right of way clearance schedules.
  It is important for the Negotiator to understand the benefits of our retention policy. Although it
 is applicable to all disposable improvements, it is especially important to the disposal of
 dwellings and the owner’s eligibility status under the replacement housing program. The owner
 may have the opportunity to decide whether to move and continue the use of his dwelling or to
 live in some type of replacement housing. The State benefits since retention generally reflects
 the greatest return or saving to the project and preserving existing housing in a period of short
 supply is in the public interest.
  Retention is not dependent upon the owner’s acceptance of the State’s offer. If the owner
 accepts the offer, the remainder of the property then is acquired by deed excluding the specific
 retained improvements as listed in special agreements. If the owner does not accept the offer,
 but wishes to retain an improvement, a special retention agreement will be requested and
 executed. Theremainder of the property then is acquired by condemnation. Status of removal
 shall be listed in special agreements. All phases of the retention procedures mustbe fully
 documented.

Record of Negotiation

A record of negotiation is a chronological written record of the exchange of all pertinent information
between two or more parties in order to arrive at a settlement. The record of negotiation will be legible,
completed and signed by the assigned Negotiator(s) within a reasonable time after each contact with the
property owner.

Nowhere in this record should there be questions asked and not answered, actions taken and not explained,
and situations created and not resolved. Brevity has merit but not when practiced at the expense of full
disclosure. The Negotiator doesn’t have to record everything that was said or happened, but the record of
negotiation is documentary evidence of the State’s intentions.

  The information for each contact will always be written or typed and include the date of contact,
 parties involved, offers made in dollar amounts, counteroffers, reasons settlement could not be
 reached and other pertinent data, including a listing of materials left with the property owner.
  All electronic communications with property owners will be included in therecord of
 negotiations.


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  When negotiations are successful, a signed statement will be prepared by theNegotiator to the
 effect that:
 • The Negotiator did or did not prepare the appraisal for the acquiredproperty.
 • The written agreement embodies all the considerations agreed to betweenthe Negotiator
 and the property owner.
 • The agreement was reached without coercion of any type.
 • The Negotiator understands that the acquired property is for use inconnection with a
 Federal‐aid transportation project.
 • The Negotiator has no direct or indirect present or contemplated futurepersonal interest
 in the property or in any monetary benefit from the acquisition of the property.
  When negotiations are unsuccessful and further attempts to negotiate are considered futile, the
 Negotiator will record recommended appropriate action.
  Upon termination of negotiations the above records will become part of thepermanent records of
 the project parcel file.

Use of Record Forms

The following forms whose use is described comprise the complete list of those whichmay be necessary
during the period of negotiations:

  Certificate of Project Examination

This is the cover form for the record of negotiation and will be packaged according to the format. The
Negotiator will fill in the project name and number, the parcel number and the owner’s name. The Right
of Way Unit Chiefs, during the processing for payment procedure, will complete the form.

  Certification of Negotiator
 • Form will be included in the Record of Negotiation inaccordance with the packaging
 format.
 • Form will be completed only if an agreement is signed.
 • If a conveying instrument is signed, the form is not utilized.
  Summary of Valuation

The summary of valuation statement, in addition to essential descriptive data, provides the owner with the
basis for the amounts which the State considers fair market value foreach category of compensation for
which the State has established his/her eligibility.

Items 1 to 12 of this form will be completed by each Negotiator. A copy will be placed in the record of
negotiation in accordance with the packaging format. If entries are made under the relocation assistance
program, a copy must go to the Relocation Assistance Officer.

Instructions on how to complete the summary of valuation form are as follows:

  Items 1, 2, 3 – Self Explanatory


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  Item 4 – Generally “NONE”, except in the instance where tenant‐owned Improvement(s)
 determined to be real property are being acquired and theowner of the land has disclaimed all
 interest in these improvement(s).
  Item 5 – Refer to documents.
  Item 5A – Refer to detail sheet.
  Item 5B – Refer to Appraisal Report.
  Item 5C – Refer to detail sheet
  Item 6 – Refer to Appraisal Report.

Note: Cost to cure items are those designed as such in the appraisal, and include payment for water
replacement, severance damages, etc., however if damages are to be “cured” via an agreement (drilled
well, etc.) it will be described after cost to cure inItem No. 6, with no dollar amount. The value of the water
rights taken would be included in the total of Items Nos. 5A, B, and C.

  Item 7 – Refer to Property Disposal Report.
  Item 8 – Fair Market Value Less Disposal Value.
  Item 9 – Refer to Replacement Housing Report.
  Item 10 – Refer to Replacement Rental Report.
  Item 11 – Refer to Appraisal Report.
  Item 12 – Refer to Appraisal Report.

The summary of valuation statement is used in conjunction with the appropriate confirmation of offers
forms. It servesto increase the owner’s ability to evaluate the State’s offers.

  Confirmation Letters

The confirmation letter is a written document “confirming” the verbal presentation of the agent to the
property owner. It serves the purpose of stating, in writing, the amount(s) of compensation tendered to the
owner by the State for the acquisition of theaffected property and serves as a reference for the owner in
his/her deliberations toward acceptance of said compensation.

Confirmation letter where applicable will include the following:

 • Fair market value offer for land and rights.
 • Retention value offer for improvements (if any) and when no replacementhousing
 eligibility exists.
 • Availability of relocation services.
 • Advanced acquisition.

In all cases (parcels) in which the Relocation Assistance Officer has, or may have involvement or interests,
the confirmation letter will be completed in and presented at the first contact where price is discussed. If
on the first contact problems arise which need resolving, it may be desirable to wait and make the offer at
the earliest opportunity. A copy will be left in the relocation file.

Negotiation Summary Sheet


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The negotiation summary sheet is to be completed as much as feasible prior to contacting the property
owner. The date of title abstract should be obtained from the latest summary of abstract form in the property
owner file. The necessary information for the title review (updating) should be obtained in the office of
the City or Town Clerk. Note that if a second title review (updating) is necessary during the acquisition,
space is available.

The items “explained” and “offer(s)” sections should be completed immediately following the first contact.
Items listed that are not explained or discussed during the first contact should be completed immediately
following subsequent contacts.

“Final Check” should be completed prior to the property owner file being submitted to the Chief of
Acquisition.

If the type of acquisition is such that some listings do not apply, write “N/A”. If none,so indicate. Date and
sign the negotiation summary sheet which should be packaged according to the format.

Record of Negotiations

Negotiators will be responsible for the preparation of adequate records to support theirnegotiation of the
parcels to which they are assigned.

In general, any information pertinent to the acquisition should be documented. Each Negotiator will
determine what is pertinent. If in doubt, document. It is better to havetoo much than too little.

Negotiators will document, legibly, all information promptly after negotiation with theowner and enter it
on the following forms:

 • Contact
 • Memos
 • Typed Mail Out Letters (Negotiation Correspondence)
 • Emails

Correspondence should be treated as contacts. All documentation should be signed and dated.

Release from Encumbrances Letter

A release must be obtained from each encumbrance listed on the conveying instrument,or deed, when
compensation exceeds $10,000. The standard release is prepared by the Document Unit and placed in the
owner file prior to negotiation.

Negotiators will use the same care in their contacts with encumbrances as with owners.The agreement is
not valid unless all encumbrances are released unless the Negotiator obtains approval to waive the release
for compensation in amounts less than $25,000.

Advise encumbrancer that it will be listedas a joint payee on the check unless they choose to waive their
claim to compensation by signing the bottom of release.
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The acquisition should be explained after showing evidence of the signed agreement. Make sure that
incumbrance releases are executed correctly.

The original release will be packaged according to the format and a copy given to the encumbrancer. Also,
the Negotiator will leave a plat and his or her calling card.

W-9 Request for Taxpayer Identification Number and Certification

The W‐9 is an IRS Form required to obtain the correct taxpayer identification number in order to report
income paid, real estate transactions, mortgage interest paid, acquisition or abandonment of secured
property, cancellation of debt, or contributions made to an IRA.

Vermont Property Tax Return

The PTR must be completed for every parcel when land and/or permanent easements are being acquired
and compensation exceeds $10,000. The PTR will be inserted into the property owner file according to the
packaging format.

The information requested is explained as follows:

 • Federal identification numbers or social security numbers of individual owners of real
 property or businesses will be obtained when an agreementis signed. If the offer is a
 mail out, the State’s letter accompanying the offer will include a request to furnish
 social security numbers when the signed conveying instrument is returned.
 • Location – The street location.
 • Enter the appropriate interest transferred as indicated on the documents.
 • If land is acquired enter acreage of square footage from detail sheet. The frontage and
 depth of the lot size should be entered if accurately determined. If not, write “N/A”. Do
 not list any rights. If no land is taken write “NONE” and write “RIGHTS ONLY”
 above the word acreage.
 • Describe only those buildings within the take.
 • Use before transfer can be obtained from the appraisal. Proposed use is“Government”.

Packaging Format (Property Owner File)

The property owner file is kept electronically in the ROW folder on the M: drive in the following folder
structure:




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Appraisal or Waiver: Approved appraisal or waiver valuation estimate form, and acquisition accounting
form “green sheet” establishing the agency’s determination of just compensation.

Change Orders: All change orders pertaining to the parcel.

Closed: Signed conveyance document(s), scanned check(s), and letters associated with mailing checks or
sending documents to be recorded.

General Notes: Any miscellaneous items not belonging in other specific folders.

Legal Documents: All legal documents prepared by the Documents team for the parcel acquisition.

Offer Package: All materials included in the offer of just compensation sent to the parcel owner.

Payment Pending: Signed option (or other conveyance document), certification of Negotiator, routing slip,
payment request transmittal form, 1099, and justification of administrative settlement if required.

Photos: Any pertinent photos taken by Acquisition staff.

Plats: Parcel plats created by P&T Tech and color-coded plats created for parcel owner reference.

Record of Negotiations: All correspondence and direct contact notes from communications with parcel
owners throughout the acquisition process.

Title Chain: Property owner report, summary of abstract, title index, and all pertinent title documents.

Rental Information

When a request for rental information is received by the Negotiator, a memo will be addressed to the
Property Management Agent via Chief of Acquisition. Original copy will be sent to the Chief of
Acquisition without the file. A copy will be placed in the parcel file.

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The Property Management Agent is then responsible for contacting the property ownerwith the requested
rental information. Negotiator will not give the property owner the rental figure and will not become
involved in this phase except to inform the Chief of Acquisition, of owner’s request for rental information.

Waiver of Reconveyance

Under 19 V.S.A. § 31, if land has been acquired by the State in fee simple for highway purposes, or if the
State has acquired a perpetual leasehold in land for highway purposes, and if the land has not been
improved subsequent to its acquisition, the State shall not sell or dispose of the land within six years of the
date of its acquisition unless it first offers to convey it to the person or persons from whom it was acquired
or their heirs or assigns, for a consideration equal to the price at which it was acquired, plus interest at a
rate of six percent per year from date of acquisition by the State, provided that the address of the person or
persons is known to or reasonably ascertainable by theVTrans. The person or persons to whom the land is
to be offered shall be given written notice of their right.

When it is known at the time of acquisition that a portion of the land acquired will not be needed for the
project but the owner wishes to sell it and the State agrees to buy it, appropriate language can be added to
the deed whereby the owner waives the right to reacquire the land. In other instances, a separate waiver
will be prepared and executedto accomplish this. This land is not eligible for Federal participation.

Special Agreements

Special agreements are those which have been authorized by appropriate authority andwhich describe what
and how specific work will be performed for the property owner, as part of the construction contract.

The Negotiators will be responsible for the compilation of the special agreements from the following
sources:

  Those construction items to be accomplished as agreed to by varioustransportation officials
 prior to or at the Necessity Hearing.
  Those construction items to be accomplished as ordered by the Superior Courts.
  Those construction items to be accomplished which were agreed to during theproperty
 negotiations.
  Those construction items to be accomplished as a result of property improvement contracts
 entered into by the Property Management Officer.
  All items listed will show whether they are to be undertaken in mitigation ofright of way or
 property damage or not.

Special Agreements

To be prepared by each Negotiator after completion of negotiation with each owner. All items relating to
private water or sewer lines or sources will be included.

Special agreements are a very important function of negotiation, since they may play acritical role in the
attempt to reach agreement with the owner. They are also involved with the final design and construction
of the project. They may involve minor action but to the owner they are major items and cannot be

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overlooked.

All forms will be prepared using a separate page for each owner with as many listingsas possible per page.
This includes all special agreements added to signed documents (agreements, etc.) and those authorized
from all other sources.

Final special agreements are prepared by the Negotiator at the time the final right ofway certificate is
requested.

Mitigation of Right of Way and Property Damage Costs

  If the monetary settlement with the owner includes an agreement requiring the State to perform
 construction, additional to that which provided the basis for thefair market value appraisal, then
 such construction provides the owner with a betterment and the cost will be in mitigation of
 right of way damages. This amount will be so listed in the mitigation column of the (A) form.
  Construction items to be performed which should be identified as in mitigation of right of way
 damages are: Adjustment of improvements, additional driveway,fences, walks, cattle and
 equipment passes and access roads, etc.

Payment to Owners by Option

Prior to submitting agreements for payment Agent will:

 • Check all documents, record of negotiation, appraisal, title abstract, andsupporting
 material.
 • Remove and/or destroy all surplus file material.
 • Package according to the format.

If the settlement exceeds just compensation, a “Justification of Settlement” form must be completed by the
Chief of Acquisition or his/her authorized agent. The procedure to be used in making administrative
settlements is described in another part of this section.

Once the file is complete, send an email alerting ROW Admin that the file is ready to process for payment.

When the check is available, a photocopy will be sent to the property owner along with the Deed and a
letter explaining that the original check will be mailed to them when VTrans receives the fully executed
Deed. Checks can also be hand delivered by the negotiator, who can then assist with notarizing the property
owners’ signature, with Supervisor’s approval.

As a general rule, any person or persons, including those not assigned to the Acquisition Unit, who are
eligible subject to the provisions described above, can beauthorized in writing to deliver payment. The
authorized agent will sign a writtenstatement for the file that the check was delivered.

Minor Impacted Parcels

The acquisition of minimally impacted properties may be accomplished without formalappraisals. Before
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any property owner contact is made, the Chief of Appraisal and the Chief of Acquisition shall make a
project‐wide determination as to what parcels, if any would qualify for handling under this procedure. The
requirement being impact valuesless than $25,000. See Chapter Four on waiver valuations.

Right of Way Negotiators may negotiate for the temporary and permanent easementsand/or fee acquisition
through compensation or donation.

Administrative Settlement

Purpose

To prescribe the VTrans policies relating to settlement, by administrative means, a real property acquisition
for transportation projects in which Federal funds will participate.

Definition

Any settlement authorized by the Right of Way Chief or his/her designee, which is inexcess of the approved
estimate of Just Compensation.

Procedures

  Counteroffers: If the owner does not agree with the approved offer, the Negotiator will ask for
 the owner’s estimate of value and any support for it. If this increase in value estimate is
 moderate and support is provided, the Negotiator will, after further persuasion fails, inform the
 owner that his offer to settle will be entered in the records and will be informed if the VTrans
 accepts this counteroffer prior to the compensation hearing. If the owner’s offer to settleis
 excessive, inform him/her that the State has no interest in such a settlement at that amount.
  The Negotiator will keep the Chief of Acquisition informed, at regular intervalsof those owners
 requesting administrative settlements.

Administrative settlements, made without sufficient consideration, damage the credibility of the VTrans
and increase the cost of acquiring right of way. Each parcelshould be judged on its merit and if the increase
is merited, those who have alreadysigned agreements have been well served.



  When it is deemed prudent to accept an owner’s counteroffer the Chief of Acquisition will
 prepare the administrative settlement setting forth sufficientsupport and justification for this
 settlement. This settlement will exclude anyitems considered ineligible for Federal
 participation. The administrative settlement will then be forwarded to the Right of Way Chief or
 his/her designee. If approved the Negotiator will so inform the owner and theagreement can be
 processed for payment.

Minor Alterations Hearing

When negotiations with property owners have failed, or title defects or other matters make a negotiated

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settlement impossible, the necessary right of way can be acquired through the Minor Alterations Hearing
(MAH) process if the project meets the following criteria:

 The activity does not require a permit under 10 V.S.A. chapter 151 (Act 250); and

The activity qualifies as a “Categorical Exclusion” (CE) under the National Environmental Policy Act (NEPA); or

 The activity involves emergency repairs to or emergency replacement of an
 existing bridge, culvert, highway, or State-owned railroad, even though the need
 for repairs or replacement does not arise from damage caused by a natural disaster
 or catastrophic failure from an external cause; provided that the activities do not
 require a permit under 10 V.S.A. chapter 151 (Act 250).

This condemnation for state highway projects process follows the procedures outlined in 19 V.S.A. § 518;
Minor Alterations to Existing Facilities. This simplified process allows VTrans to exercise the powers of
a selectboard, as outlined in 19 V.S.A. § 923; Quasi-judicial process.

If an interested person is dissatisfied with the award of damages, he or she may appeal using any of the
procedures listed in chapter 5 of Title 19. Notice or petition of appeal shall not delay the proposed work
or activity.

Procedures – Conclusion of Acquisition

Payment to Owners by MAH Condemnation

If a favorable decision is received from the Hearings Examiner, the Hearings Examiner’s Report and
Decision shall be recorded in the land records of the town where the land is located within 10-days of the
announcement of the decision. The recording information is then entered in the Notice of Taking that is
sent to the property owner along with a W-9 form and instructions so that payment can be processed. When
payment is made to the property owner or placed in escrow awaiting a properly completed W-9, title to the
condemned property vests with the state.

Right of Way Certificate of Clearance

The Right of Way Section, in compliance with 23 C.F.R. 635.309 (b), (c) (1), (2) and

(3) will prepare a right of way certificate. The right of way certificate of clearance is required at the time
of the final plans submittal and provides FHWA with evidence that clearance of the right of way has been
established with no exceptions or with certain exceptions which may be acceptable for the purpose of
advertising construction of the project for bids.

The Right of Way Acquisitions Manager or his/her authorized agent prepares the right of way certificate
of clearance. In situations where this certificate is Type 3 (conditional), a final Type-1 certificate will be
issued when the conditions have been satisfied.

Preparing Property Owner Files for Permanent Storage

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In coordination with the Property Management Officer, all pertinent acquisition materials will be uploaded
to OnBase base for required long-term or permanent storage.

Purpose:

 • To permit convenient and timely access to documents of record concerning the transfer
 of real property between the State and individualproperty owners.
 • To eliminate unnecessary materials from files.
 • To reduce cost of storage area.
 • To ensure compliance with Federal and State requirements regarding theretention of
 certain records and documents.

Procedure:

 • Draw from file and assemble all project and property owner files innumerical order for
 each project concerned:
 • From Project files assemble original copies (if applicable) of:
 • Judgment Order
 • Condemnation Order (s) with Amendments
 • Opening Certificates – as available
 • Relinquishments – as available
 • Sales (Deeds) from State to Grantees, from applicable files.
 • From each property owner file, extract the following if available:
 • Warranty Deed – signed original
 • Vermont Property Transfer Tax Return – copy
 • Agreement documents with attendant Quit – Claim Deeds, if any(that is, Water
 Replacement Agreements, etc.) – signed original
 • Option(s) – signed original

This will be accomplished subsequent to filing of Condemnation Order and prior to advertising of contract.

 • Remove extraneous material from file: this will include, but is not limited to:
 • Duplicate copies of memos, letters, Change Orders, water reports,etc.
 • Plats – remove all except attached to Record of Negotiations andcourt plats and
 pictures.
 • Any other material which, in the considered judgment of the reviewer, is
 extraneous, but refer to the following paragraph foritems to be retained.
 • Federal and State procedures both require that certain records be retained for at least
 three (3) years following the submission of the project’s final voucher to FHWA. These
 records include, in addition to the above listed documents, all appraisals, records of
 negotiation, title abstracts, relocationassistance, and property management files, as
 available, papers, maps, photographs or other documentary materials made or received
 by the VTrans in connection with a Federal‐aid highway project. Therefore, whenculling
 files, the reviewer will:

 • Ensure that records noted above, as available, are retained in the applicable
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 property owner’s file.
 • Follow procedure for removing extraneous material as previouslydescribed.
 • Coordinate with Relocation Assistance and Property Management Officers.
 • Determine that these files have been culled and add them to the property owner
 file

All pertinent acquisition materials will then be uploaded to OnBase permanent storage or at least for the
required storage period.

DOCUMENTS TEAM
General

The principal functions of the Documents Team are the preparation of descriptions,notices, agreements,
deeds, and other legal instruments.

Supervisor

Under the general supervision of the Chief of Acquisition, the Documents Team is responsible for the
preparation of the documents.

Duties

The Documents Team performs those duties called for below. In addition, the Team prepares documents
requested by other sections and units of the VTrans and the District Administrators. Some of the more
important functions are:

  Prepare legal descriptions of properties from right of way plans.
  Prepare documents such as agreements, deeds, petitions, notices, , and leases.
  Checks and approves information on pertinent details, such as title sources, ownership,
 encumbrances, agreements, and other items to be incorporated intothe project records.
  Prepares a certificate of opening, certificate of highway relinquishment, and maintenance area
 agreements as requested upon the completion of a highwayproject.
  Serves as liaison with the Assistant AG regarding the legal form and phraseologyof documents.




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Chapter 7 RELOCATION ASSISTANCE
GENERAL
This chapter describes the organization, policies, procedures, and practices in the Agency’s Relocation
Program, and is included in this Manual.

Purpose

VTrans, when complying with Federal and State laws, must comply with the requirements of 49 C.F.R. §
24, and the Uniform Act, as amended for Federally assisted programs. These provisions outline the
requirements of relocation assistance and payments to individuals, families, businesses, farmers, and
nonprofit organizations.

The provisions ensure that persons displaced as a result of Federal or federally assistedprojects are treated
fairly, consistently and equitably, and that such persons will not suffer disproportionate injuries as a result
of projects designed to benefit the public as awhole. These provisions also provide for furnishing relocation
advisory services to those persons occupying property immediately adjacent to property acquired and who,
due to such acquisition, may have suffered substantial economic injury. Relocation assistance elsewhere
will be accomplished in compliance with the appropriate provisions of Title VI of the Civil Rights Act of
1964, including all other pertinent Federal statutes, regulations, and executive orders as revised. An
affirmative attitude toward these provisions will be maintained, and no discrimination will be practiced
regardless of sex, age, race, color, religion, national origin, physical disability, or any other factor as
mandated by law in the implementation of the Relocation Assistance Program.

Organization

Relocation Assistance is a function of the Right of Way Section’s Acquisition Unit and operates from a
central office facility that is readily accessible to the public. It will be the responsibility of the assigned
relocation assistance personnel to provide the public with adequate information about the relocation
program, provide relocation advisory services to persons required to relocate, to develop a relocation plan
for the conceptual,environmental, and Right of Way stages, and to compile the necessary data for each
individual case, determine eligibility for and amount of payments, assure equitable relocation payments,
and provide prompt processing of these payments.

The Chief of Acquisition, with the assistance of other Right of Way personnel, will administer this program
along with any other authorized personnel assigned, whose primary responsibility will be to provide
Relocation Assistance. Where reasonable,these individuals may have responsibility for more than one
project.

Local Relocation Field Office

A local subsidiary field office will be established in the project area, or within walkingdistance of the
project area, when the Right of Way Chief determines establishment ofsuch an office is justified. The
determination of whether or not to establish a local relocation field office will be made at an appropriate
time and will be submitted to the FHWA Division Administrator in writing for his approval.
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These offices will be open for those hours convenient to the affected parties and by appointment.
Consideration will be given to the employment of Relocation personnelin these Relocation field offices
that are familiar with the problems of the project area.

Civil Rights

VTrans will take affirmative action to ensure that replacement housing resources usedare, in fact, open
housing to all races and all sexes without discrimination.

The Fair Housing Law (Title VIII of the Civil Rights Act of 1968) and the HUD Amendment Act of 1974
prohibit discrimination in the sale or rental of most housing,and of any vacant land offered for residential
construction or use. When displacees register complaints about unfair housing practices in their effort to
obtain suitable replacement housing, it is the Relocation agent’s responsibility to:

  Counsel the displaced concerning their rights and opinions.
  Provide the displaced with a copy of the Fair Housing USA brochure and HUDcomplaint form.
  Continue to assist the displaced in obtaining comparable replacement housing.
  VTrans shall fully inform relocatees of their fair housing rights and options in selecting
 replacement housing in areas of their fair housing rights will be protected in accordance with
 Title VIII of the Civil Rights Act of 1968 and theHUD Amendment Act of 1974.

VTrans will, to the extent possible, assist relocatees in ensuring against discriminatory practices in the
purchase and rental of residential units on the basis of race, color, age,religion, sex, physical disability, and
national origin.

Eligibility for Participation of Federal Aid

General Requirements

Federal funds will participate in relocation payments to eligible persons when all thefollowing conditions
have been met:

 • Program Approval and Authorization ‐ There has been approval of a Federal‐aidprogram or
 project and authorization to proceed has been issued. Cost incurred at the conceptual stage will
 generally be charged as a preliminary engineering function.
 • Person Relocated ‐ When in fact a person has been or will be relocated by theproject or from the
 Right of Way approved for that project.
 • Lawful Costs ‐ Lawful Costs occur when relocation costs are incurred inaccordance with the
 law.
 • Cost Recorded as Liability ‐ When relocation costs are recognized and recordedas a liability of
 VTrans in accounts of VTrans.
 • Federally Assisted Projects ‐ The project must be a federally assisted project. Aproject is not
 considered to be federally assisted unless there is Federal participation in the project at the time
 Federal participation in Relocation Assistance costs is requested.

Even when there are no other Federal funds at the time of VTrans request, relocation assistance may be
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programmed as a Federally participating cost, provided the State indicates its intention to request the
participation of Federal funds in construction or some other phase of that project in the future. If, in sucha
case, Federal funds do not participate in construction or some other phase of the project, reimbursement
by the State for the Federal share of the relocation assistance costs must be made.

Refusal of Assistance

Displaced persons can refuse relocation services and still be eligible for payments. There is no requirement
that they accept the services if they want to relocate on their own. However, it would be necessary that
they meet the decent, safe, and sanitary requirements and make application within the time limits to qualify
for replacement housing payments. To protect itself in cases where displaced persons alter plans, VTrans
will provide listings of available comparable housing to meet the requirementthat everyone will be offered
decent, safe, and sanitary housing.


Property Not Incorporated into Right of Way

If relocation is necessary by an acquisition for the project, even though the property acquired is not
incorporated within the final Right of Way, Federal funds may participate in relocation payments subject
to 23 CFR 710.203 eligibility requirements.

Illegal Alien

Public law 105‐117 provides that if a person is an alien, and not legally present in theUnited States, such
person shall not be eligible for relocation payments or assistance under the Uniform Act.

The negotiator should verify with the Immigration and Naturalization Services (INS) that a person is an
alien not lawfully present in the United States. If it is verified that the individual is an alien, not legally
present in the United States, and the determination ofineligibility would result in exceptional and extremely
unusual hardship to an individual who is the displaced persons spouse, parent or child, and who is a citizen
of the United States or an alien lawfully admitted for permanent residence in the United States, AOT shall
provide relocation payments and other assistance to the displaced person.

Definitions

For the purpose of this Chapter, the following terms are defined:

Agency

The term “Agency” means any entity utilizing Federal funds or Federal financial assistance for a project
or program that acquires real property or displaces a person.

Aliens not lawfully present in the United States

The phrase “aliens not lawfully present in the United States” means an alien who is not“lawfully present”
in the United States as defined in 49 C.F.R. § 24.208 and includes:

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  An alien who is present in the United States who has not been admitted or paroled into the
 United States pursuant to the Immigration and Nationality Act and whose stay in the United
 States has not been authorized by the Secretary of Homeland Security.
  An alien present in the United States after the expiration of the period of stayauthorized by the
 Secretary of Homeland Security or who otherwise violates the terms andconditions of
 admission, parole or authorization to stay in the United States.

Business

The term “business” means any lawful activity, except a farm operation, that isconducted by any of the
following criteria:

  Primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or for
 the manufacture, processing and/or marketing of products,commodities, and/or any other
 personal property.
  Primarily for the sale of services to the public.
  Primarily for outdoor advertising display purposes, when the display(s) must bemoved as a
 result of the project
  A nonprofit organization that has established its nonprofit status underapplicable Federal or
 State law.

Comparable Replacement Dwelling

The term “comparable replacement dwelling” means a dwelling that is:

  Decent, safe, and sanitary as defined under the heading of “Decent, Safe, andSanitary Dwelling”
 below.
  Functionally equivalent to the displacement dwelling and adequate in size to accommodate the
 occupants, in an area that is not subject to unreasonable adverse environmental conditions, in a
 location generally not less desirable thanthe location of the displaced dwelling with respect to
 public utilities and commercial and public facilities, and reasonably accessible to the person’s
 place of employment.
  On a site that is typical in size for residential development, with normal site improvements,
 including customary landscaping. The site need not include special improvements such as
 outbuildings, swimming pools, and greenhousesas indicated under the heading of “Determining
 Cost of Comparable Replacement Dwelling” in Section E, Replacement Housing Payments.
  Currently available to the displaced person on the private market.
  Within the financial means of the displaced person.
  For a person receiving government housing assistance before displacement, a dwelling that may
 reflect similar government housing assistance. In such cases,any requirements of the
 government housing assistance program relating to the size of the replacement dwelling shall
 apply.

Contributes Materially

The term “contributes materially” means that during the two taxable years prior to the taxable year in which

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displacement occurs, or during such other period as the VTrans determines to be more equitable, a business
or farm operation must have:
  Had average annual gross receipts of at least $5000.
  Had average annual net earnings of at least $1,000.
  Contributed at least 33 1/3 percent of the owner’s or operator’s average annualgross income
 from all sources.

If the application of the above criteria creates an inequity or hardship in any given case,the acquiring
agency may approve the use of other criteria as determined appropriate.

Decent, Safe, and Sanitary Dwelling

The term “decent, safe, and sanitary dwelling” means a dwelling which meets local housing and occupancy
codes. However, any of the following standards that are not met by an applicable code shall apply unless
waived for good cause by the Federal agency funding the project. The dwelling shall:



  Be structurally sound; weather tight, and in good repair.
  Contain a safe electrical wiring system adequate for lighting and other devices.
  Contain a heating system capable of sustaining a healthful temperature (of approximately 70°F)
 for a displaced person, except in those areas where localclimatic conditions do not require such
 a system.
  Be adequate in size with respect to the number of rooms and area of living space needed to
 accommodate the displaced person. There shall be a separate, well‐ lighted, and ventilated
 bathroom that provides privacy for the user and contains a sink, bathtub or shower stall, and a
 toilet, all in good working order and properly connected to appropriate sources of water and to a
 sewage drainage system. In the case of a housekeeping dwelling there shall be a kitchen area
 thatcontains a fully usable sink, properly connected to potable hot and cold water and to a
 sewage drainage system, and adequate space and utility service connections for a stove and
 refrigerator.
  Contain unobstructed egress to safe, open space at ground level. If the replacement dwelling
 unit is on the second story of above, with access directlyfrom or through a common corridor,
 the common corridor must have at least two means of egress.
  For a displaced person with a disability, be free of any barriers that would preclude reasonable
 ingress, egress, or use of the dwelling by such displacedperson.



Displaced Person

The term “displaced person”, except as provided below, “person required to move temporarily”, means any
person who moves from the real property or moves his/her personal property from the real property (This
includes a person who occupies the real property prior to its acquisition, but who does not meet the length
ofoccupancy requirements of the Uniform Act as described in this Chapter):


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  As a direct result of a written notice of intent to acquire, the initiation of negotiations for, or the
 acquisition of such real property, in whole or in part for aproject.
  As a direct result of rehabilitation or demolition for a project; or
  As a direct result of the VTrans written notice of intent to acquire, or the acquisition,
 rehabilitation, or demolition of, in whole or in part, other real property for a project on which
 the person conducts a business or farm operation. Eligibility as a displaced person under this
 paragraph applies only for purposes of obtaining relocation assistance advisory services and
 moving expenses.



Persons required to move temporarily. A person who is required to move or moves his or her personal property
from the real property as a direct result of the project but is not required to relocate permanently. Such determination
shall be made by the agency in accordance with any requirement, policy, or guidance established by the Federal
agency funding the project (see appendix A to this part, section 24.2(a)). All benefits for persons required to move
on a temporary basis are described in § 24.202(a).



Voluntary acquisitions. A tenant who moves as a direct result of a voluntary acquisition as described in §
24.101(b)(1) through (3) is eligible for relocation assistance when there is a binding written agreement between the
agency and the owner that obligates the agency, without further election, to purchase the real property. Federal
Funding agencies should develop policies identifying the types of agreements used in its programs or projects which
it considers to be binding and which would therefore trigger eligibility for tenants as displaced persons. Agreements
such as options to purchase and conditional purchase and sale agreements are not considered a binding agreement
within the meaning of this paragraph (iii) until all conditions to the agency's obligation to purchase the real property
have been satisfied. Provided that, the agency may determine that a tenant who moves before there is a binding
agreement is eligible for relocation assistance once a binding agreement exists allowing establishment of eligibility
(see appendix A to this part, section 24.2(a)).




Persons not Displaced

The following is a nonexclusive listing of persons who do not qualify as a displacedperson under these
regulations:



  A person who moves before the initiation of negotiations, unless the Agencydetermines that the
 person was displaced as a direct result of the project.
  A person who initially enters into occupancy of the property after the date of itsacquisition for
 the project.
  A person who occupied the property of the purpose of obtaining assistanceunder the Uniform
 Act.

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  A person who is not required to relocate permanently as a direct result of a project. Such
 determination shall be made by VTrans in accordance with anyguidelines established by the
 Federal agency funding the project.
  A person who, after receiving a notice of relocation eligibility, is notified in writing that he/she
 will not be displaced for a project. Such notice shall not beissued unless the person has not
 moved and VTrans agrees to reimburse the person for any expenses incurred to satisfy any
 binding contractual relocationobligations entered into after the effective date of the notice of
 relocation eligibility.
  An owner‐occupant who voluntarily sells his or her property after being informed in writing
 that if a mutually satisfactory agreement of sale cannot bereached, VTrans will not acquire the
 property. In such cases however any resulting displacement of a tenant is subject to these
 regulations.
  A person whom VTrans determines is not displaced as a direct result of a partialacquisition.
  A person who is determined to be in unlawful occupancy prior to the initiationof negotiations, or
 a person who has been evicted for cause, under applicable law.
  A person who retains the right of use and occupancy of the real property for lifefollowing its
 acquisition by VTrans.
  An owner who retains the right of use and occupancy of the real property for a fixed term after
 its acquisition by the Department of Interior under Public Law 93‐477 or Public Law 93‐303,
 except that such owner remains a displaced personfor purposes of the subpart D of this part.
  A person who is not lawfully present in the United States and who has been determined to be
 ineligible for relocation benefits in accordance with 49 C.F.R. §24.208.
  Temporary, daily, or emergency shelter occupants are in most cases not considered displaced
 persons. However, agencies may determine that a person occupying a shelter is a displaced
 person due to factors which could include reasonable expectation of a prolonged stay, or other
 extenuating circumstances. At a minimum, agencies shall provide advisory assistance to all
 occupants at initiation of negotiations. (See appendix A to this part, section 24.2(a), definition
 of displaced persons.)



Dwelling

The term “dwelling” means the place of permanent or customary and usual residence of a person according
to local custom or law, including a single‐family house; a single‐ family unit in a two‐family, multifamily,
or multipurpose property; a unit of a condominium or cooperative housing project; a non‐housekeeping
unit; a mobile home;or any other residential unit.



Farm Operation

The term “farm operation” means any activity conducted solely or primarily for the production of one or
more agricultural products or commodities, including timber for sale or home use, and customarily
producing such products or commodities in sufficient quantity to be capable of contributing materially to
the operator’s support.

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Federal Agency

The term “Federal agency” means any department, agency, or instrumentality in the Executive Branch of
the Federal government, and wholly owned government corporation, and the Architect of the Capital, the
Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by
eminent domainunder Federal law.



Federal Financial Assistance

The term “Federal financial assistance” means any grant, loan, or contribution provided by the United
States, except any Federal down payment assistance, tax credits such as the Low Income Housing Tax
Credit (LIHTC), guarantee or insurance and any interest reduction payment to an individual in connection
with the purchase and occupancy of aresidence by that individual.




Household Income

The term “household income” means total gross income received for a 12-month period from all sources
(earned and unearned) including, but not limited to wages, salary, child support, alimony, unemployment
benefits, workers compensation, social security, or the net income from a business. It does not include
income received or earned by dependent children under 18 or full-time students who are students for at
least 5 months of the year and are under the age of 24.


Initiation of Negotiations

The term “initiation of negotiations” means the delivery of the initial written offer by VTrans to the owner
or the owner’s representative to purchase real property for a project for the amount determined to be just
compensation. VTrans may make the occupants to be displaced eligible for relocation benefits prior to
initiation of negotiations by issuing a letter of intent to those to be displaced. In the event a person moves
after the notice, but before the delivery to the initial written purchase offer, the initiation of negotiations
means the actual move of the person from the property.



Lead Agency

The term “Lead Agency” means the department of Transportation acting through the Federal Highway
Administration.

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Mobile Home

The term “mobile home” includes manufactured homes and recreational vehicles usedas residences.



Mortgage

The term “mortgage” means such classes of liens as are commonly given to secure advances on, or the
unpaid purchase price of real property, under the laws of the State,in which the real property is located,
together with the credit instruments, if any, secured thereby.



Nonprofit Organization

The term “mortgage” means an organization that is incorporated under the applicablelaws of the State as a
nonprofit organization and exempt from paying Federal income taxes under § 501 of the Internal Revenue
Code (26 U.S.C. § 501).



Owner of a Dwelling

A person is considered to have met the requirement to own a dwelling if the personpurchases or holds any
of the following interests in real property.



  Fee title, a life estate, a 99‐year lease, and land contract or a lease, including anyoptions for
 extension, with at least 50 years to run from the date of acquisition.
  An interest in a cooperative housing project that includes the right to occupy adwelling.
  A contract to purchase any of the interests or estates described in the twoprevious paragraphs.
  Any other interest, including a partial interest, which in the judgment of VTranswarrants
 consideration as ownership.



Person

The term “person” means any individual, family, partnership, corporation, orassociation.


Program or Project

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The term “program project” means any activity or series of activities undertaken by a Federal agency or
with Federal financial assistance received or anticipated in any phaseof any undertaking in accordance with
the Federal funding agency guidelines.



Recipient

The term “recipient” means a non-Federal entity that receives a Federal award directly from a Federal
awarding agency to carry out an activity under a Federal program. The recipient is accountable to the
Federal-funding Agency for the use of the funds and for compliance with applicable Federal requirements.
The term recipient does not include subrecipients.



Salvage Value

The term “salvage value” means the probable sale price of an item, if offered for sale onthe condition that
it will be removed from the property at the buyer’s expense, allowinga reasonable period of time to find a
person buying with knowledge of the uses and purpose for which it is adaptable and capable of being used,
including separate use of serviceable components and scrap when there is no reasonable prospect of sale
except on that basis.



Small Business

The term “small business” means a business having not more than five hundred (500) employees working
at the site being acquired or displaced by a program or project, and which site is the location of economic
activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a business
for purposes of reestablishment expenses as described under the heading of “Reestablishment Expenses

– Nonresidential Moves” in Moving Payments of this Chapter.



State

The term “State” means the State of Vermont and any political subdivision thereof.



Subrecipient

“Subrecipient” means a government Agency or legal entity that enters into an agreement with a recipient
to carry out part or all of the activity funded by Federal program grant funds. A subrecipient is accountable

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to the recipient for the use of the funds and for compliance with applicable Federal requirements.



Temporary, Daily, or Emergency Shelter (shelter)

This phrase means any facility, the primary purpose of which is to provide a person with a temporary
overnight shelter which does not generally allow prolonged or guaranteed occupancy. A shelter typically
requires the occupants to remove their personal property and themselves from the premises on a daily
basis, offers no guarantee of reentry in the evening, and does not meet the definition of dwelling as used
in this regulation.



Tenant

The term “tenant” means a person who has the temporary use and occupancy of realproperty owned by
another.



Uneconomic Remnant

The term “uneconomic remnant” means a parcel of real property in which the owner isleft with an interest
after the partial acquisition of the owner’s property, and which theacquiring agency has determined has
little or no value or utility to the owner.



Uniform Act

The term “Uniform Act” means the Uniform Relocation Assistance and Real PropertyAcquisition Policies
Act of 1970 and amendments thereto.



Unlawful Occupancy

A person is considered to be in unlawful occupancy if the person has been ordered tomove by a court of
competent jurisdiction prior to the initiation of negotiations or is determined by VTrans to be a squatter
who is occupying the real property without the permission of the owner and otherwise has no legal right to
occupy the property underState law. A displacing agency may, at its discretion, consider such a squatter to
be in lawful occupancy for the purpose of determining eligibility for assistance under the Uniform Act.




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Utility Costs

The term “utility costs” means expenses for heat, lights, water, and sewer.



Utility Facility

The term “utility facility” means any line, facility or system for producing, transporting, transmitting, or
distributing communications, cable, television, power, electricity, light, heat, gas, oil, crude products,
water, steam, waste, storm water not connected with highway drainage, or any other similar commodity,
including any fire or police signal system; or street lighting system, which directly or indirectly serves the
public; any fixtures, equipment, or other property associated with the operation, maintenance, or repair of
any such system. A utility may be publicly, privately, or cooperatively owned.

The term shall also mean the utility company including any substantially owned or controlled subsidiary.
For the purposes of this part the term includes utility-type facilities which are owned or leased by a
government Agency for its own use, or otherwise dedicated solely to governmental use. The term utility
includes those facilities used solely by the utility which are part of its operating plant.



Utility Relocation

The term “utility relocation” means the adjustment of a utility facility required by theprogram or project
undertaken by the displacing agency. It includes removing and reinstalling the facility, including necessary
temporary facilities, acquiring necessary Right of Way on new location; moving, rearranging, or changing
the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean
constructing a replacement facility that has the functional equivalency of the existing facility and is
necessary for the continued operation of the utility service, the project economy, or sequence of project
construction.



Waiver Valuation

The term “waiver valuation” means the valuation process used and the product produced when the Agency
determines that an appraisal is not required, pursuant to § 24.102(c)(2) appraisal waiver provisions.



No Duplication of Payments

No person shall receive any payment under this Relocation Assistance Program if thatperson receives a
payment under Federal, State, or local laws which is determined by VTrans to have the same purpose and
effect as such payment under this program.

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Assurances, Monitoring and Corrective Action

Assurances

VTrans will assure that comparable replacement dwellings will be made available or provided within a
reasonable time period prior to right of way negotiations or displacement for displaced individuals and
families caused by any project. VTrans will also assure that the estimated lead time necessary for the
relocation phase will be granted to the Right of Way Section.


Monitoring and Corrective Action

The Federal agency will monitor compliance with the Relocation Assistance regulations,and VTrans shall
take whatever corrective action is necessary to comply with the Uniform Act and the accompanying
regulations. VTrans shall take appropriate measures to carry out these provisions in a manner that
minimizes fraud, waste, and mismanagement.



Manner of Notices

Each notice that VTrans is required to provide to a property owner or occupant shall be personally served
or sent certified or registered first‐class mail, return receipt requested,and documented in VTrans files.
Each notice shall be written in plain, understandable language. Persons who are unable to read and
understand the notice must be provided with appropriate translation and counseling. Each notice shall
indicate the name and telephone number of a person who may be contacted for answers to questions or
other needed assistance.



Administration of Jointly Funded Projects

Whenever two or more Federal agencies provide financial assistance to a non‐Federal agency or agencies
to carry out functionally or geographically related activities that willresult in the acquisition of property or
the displacement of a person, the Federal agencies may, by agreement, designate one such agency as the
cognizant Federal agency. At a minimum, the agreement shall set forth the Federally assisted activities that
are subject to its terms and cite any policies and procedures, in addition to these regulations, that are
applicable to the activities under the agreement. Under the agreement, the cognizant Federal agency shall
assure compliance with the provisions ofthe Uniform Act and these regulations are observed. All Federally
assisted activities under the agreement shall be deemed a project for the purposes of these regulations.



Federal Agency Waiver of Procedures

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The Federal agency funding the project may waive any provisions in this chapter that are not required by
law when it determines that the waiver does not reduce any assistance or protection available to any owner
or displaced person under the Uniform Act. Any request for a waiver shall be justified on a case by case
basis and prior writtenFHWA approval for Title 23 funded projects.



Records and Reports

General

VTrans shall maintain adequate records on a parcel and/or individual basis of itsdisplacement activities in
detail to demonstrate compliance with this chapter. These relocation records will be incorporated into the
appropriate parcel file and shall be retained in accordance with the applicable regulations of the Federal
funding agency.



Confidentiality of Records

Records maintained by VTrans in accordance with this chapter are confidential and arenot for use as public
information, unless applicable law provides otherwise.



Appeals

General

VTrans shall provide an opportunity for the prompt review of appeals in accordancewith the requirements
of Vermont State Statutes and this chapter.



Actions that May Be Appealed

“A person” elsewhere may file a written appeal with VTrans in any case in which theybelieve that VTrans
has failed to properly determine their eligibility for, or the amountof, a payment required under this chapter.
VTrans shall consider a written appeal regardless of form.



Time Limit for Initiating Appeal

VTrans sets a time limit for a claim appeal of sixty (60) days after the person receiveswritten notification
of VTrans determination.

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Right to Representation

A person has a right to be represented by legal counsel or other representative inconnection with his or her
appeal, but solely at the person’s own expense.



Review of Files by Person making Appeal

VTrans shall permit a person to inspect and copy all materials pertinent to his or herappeal, except materials
which are classified as confidential by VTrans. VTrans may impose reasonable conditions on the person’s
right to inspect, consistent with applicable laws.



Scope of Review of Appeal

In deciding an appeal, VTrans shall consider all pertinent justification and other materialsubmitted by the
person, and all other available information that is needed to ensure a fair and full review of the appeal.



Determination and Notification after Appeal

Promptly after receipt of all information submitted by a person in support of an appeal,VTrans shall make
a written determination on the appeal, including an explanation of the basis on which the decision was
made, and furnish the person a copy. If the full

relief requested is not granted, VTrans shall advise the person of his or her right to seekjudicial review of
the VTrans decision.



Review of Appeal

The Agency official conducting the review of the appeal shall be the Right of Way Chiefor authorized
designee. The official shall not have been directly involved in the action appealed.



Any property owner with a grievance, who has been denied a relocation payment, or isdissatisfied with a
payment, determined under this chapter, should first submit a grievance in writing to the Right of Way
Chief. A person must initiate an appeal no later than 60 days after the person receives written notification
of the VTrans determination. The Relocation agent or agents responsible for the determination made within

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the grievance period will promptly and carefully review the facts of the case andthe evidence submitted,
and will advise the Right of Way Chief, who will weigh the evidence and then notify the appellant in
writing of decision. The compensations and rationales that support the decision will be documented in the
parcel file.



If the appellant is still dissatisfied after the determination of the Right of Way Chief, heor she is entitled
to an additional 60 days to submit a written appeal and be heard by the Secretary of Transportation
(hereinafter “the Secretary”), or his or her designee, in accordance with 19 V.S.A. § 7a(a), To initiate an
appeal to the Secretary, the appellant should submit a letter to the Secretary, stating all the facts in the case
and reasons whyhe or she feels that the determination of the Right of Way Chief was not fair. The Secretary
or Secretary’s designee, within ten days of receipt of the hearing request, willthen notify the appellant by
certified mail of the date, time, and place of the hearing.



The appellant may then appear personally or be represented by legal counsel, which would solely be at the
appellant’s own expense. The Secretary or Secretary’s designee will review all the facts and notify the
person displaced of his or her decision within 30days. The computations and rationales that support the
Secretary’s decision will be documented in the parcel file. Payment, if applicable, will be made based on
this decision. The Secretary’s final decision constitutes exhaustion of all administrative remedies.
Thereafter, an aggrieved person may have the Secretary’s decision judiciallyreviewed accordance with 19
V.S.A. § 7a(b).


GENERAL RELOCATION REQUIREMENTS
Purpose

To prescribe policy and procedures for relocation services and payments to those displaced persons
relocated as a result of Federal‐aid transportation programs andprojects.

Relocation Information and Written Notices

General Information Notice

Persons scheduled to be displaced or who may be required to move temporarily shall be notified about the
possibility of their displacement. They will also be furnished with a general written description of the
VTrans Relocation Program via the Vermont Relocation Services Brochure; which is intended to do at
least the following:



  Inform the persons that they may be displaced (or, if appropriate, required to move temporarily
 from his or her unit) for the project and generally describe the relocation payment(s) for which
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 the persons may be eligible, the basic conditions of eligibility, and the procedures for obtaining
 the payment(s).
  Inform the displaced persons (or person required to move temporarily from his or her unit, if
 appropriate) that they may not waive their relocation benefits but may choose not to avail
 themselves of the benefits. If the displaced personchooses the latter this will be documented in
 the relocation file.
  Indicate that any persons displaced (or person required to move temporarily) will be given
 reasonable relocation advisory services, including referrals to replacement properties, help in
 filing payment claim(s), and other necessary assistance to help the persons successfully relocate.
  Inform any person to be displaced (or person required to move temporarily) from a dwelling
 that they cannot be required to move permanently unless at least one comparable replacement
 dwelling has been made available to them, and that no person will be required to move without
 at least a 90‐day advance written notice
  Describe the person’s right to appeal the VTrans determination as to eligibility for, or the
 amount of, any relocation payment of which the person is eligible.
  Informs the person that any person who is an alien not lawfully present in the United States is
 ineligible for relocation advisory services and relocation payments, unless such ineligibility
 would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or
 child, pursuant to 49 C.F.R.§ 24.208 (h).



Notice of Relocation Eligibility

Eligibility for relocation assistance shall begin on the date of initiation of negotiations for the occupied
property. When this occurs, VTrans will promptly notify all occupants in writing of their eligibility for
applicable relocation benefits using one of the Basic Offer Letters from Chapter Six.



When the VTrans desires to establish eligibility for relocation assistance prior to the initiation of
negotiations for the occupied parcel, the Agency shall furnish to owners and tenants by mail a notice of
intent to acquire, the anticipated date of initiation of negotiations for acquisition, statement of eligibility
for applicable relocation benefits,and additional pertinent information along with the Vermont Relocation
Services Brochure. This notice will not be issued prior to FHWA’s authorization to acquire onthe project
or involved parcel.



90 Day Notice General

No lawful occupant shall be required to move unless he or she has received at least a 90day advance written
notice.




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Content of Notice

The 90‐day notice will include the earliest date that the occupant may be required to move, or state that
the occupant will receive a further notice indicating, at least 30 days in advance, the specific date by which
he or she must move. If the 90‐day notice is issued before a comparable replacement is made available,
the notice must state clearly that the occupant will not have to move earlier than 90 days after the date of
the notice or the date comparable replacement housing was made available, whichever is later.



Timing of Notice

The Agency will issue the 90‐day notice to vacate after comparable replacementhousing has been made
available and title has transferred to the Agency.



Urgent Needs

In unusual circumstances, and occupant may be required to vacate the property with less than 90 days’
advance written notice if VTrans determines that a 90‐day notice is impractical. This may happen if the
person’s continued occupancy of the property would constitute a substantial danger to the person’s health
or safety.



Notice of Intent to Acquire

Written notice furnished to a person to be displaced, including those to be displaced by rehabilitation or
demolition activities from property acquired prior to the commitment of Federal financial assistance to the
activity, which clearly sets forth that VTrans intendsto acquire the property and establishes eligibility for
relocation benefits prior to the initiation of negotiation and/or prior to the commitment of Federal financial
assistance.



Availability of Comparable Replacement Dwellings Prior to Displacement

General

No person to be displaced shall be required to move permanently from his or her dwelling unless at least
one comparable replacement dwelling has been made available to the person. Information on comparable
replacement dwellings that were used in the determination process must be provided to permanently
displaced persons. Where possible, three or more comparable replacement dwellings will be made
available. A comparable replacement dwelling will be considered to have been made available to a person
if:

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  The person is informed in writing of its location;
  The person has sufficient time to negotiate and enter into a purchase or lease agreement for the
 property; and
  The person is assured of receiving the relocation assistance and acquisition compensation,
 subject to reasonable safeguards, to which the person is entitled insufficient time to complete the
 purchase or lease of the property.



Circumstances Permitting Waiver

The FHWA may grant a waiver of the policy set forth in the immediately preceding paragraphs under the
heading “General” in any case where it is demonstrated that aperson must move because of:



  A major disaster as defined in section 102(c) of the Disaster Relief Act of 1974 (42

U.S.C. § 5121).

  A presidential declared national emergency
  Another emergency that requires immediate vacating of the real property, if thecontinued
 occupancy of the displacement dwelling constitutes a substantial danger to the health or safety
 of the occupants or the public.



Basic Conditions of Emergency Move

When a person is required to move for a temporary period because of any emergency as previously
described, VTrans shall:



  Take whatever steps are necessary to assure that the affected person who is required to move
 from their dwelling is relocated to a decent, safe, and sanitary dwelling.
  Pay actual reasonable out‐of‐pocket moving expenses and any reasonableincreases in monthly
 rent and utility costs incurred in connection with the emergency move.

Make available to the displaced person, as soon as possible, at least one comparable replacement dwelling. (For
purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement
isthe date the person moves from their dwelling due to the emergency.)


Eviction of Cause
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Eviction for cause by VTrans must conform to applicable State and local laws, when an occupancy
situation arises where eviction is determined to be necessary. The acquiringagency will be required to
initiate these legal proceedings. These legal proceedings willbe performed by the AG’s Office for VTrans
System Projects or by attorneys of the municipalities for off‐system projects.



Any person who occupies the real property and is not in unlawful occupancy on the date of the initiation
of negotiations is presumed to be entitled to relocation paymentsand other assistance set forth in this chapter
unless VTrans determines that:



  The person received an eviction notice prior to the initiation of negotiations and,as a result of
 that notice, is later evicted.
  The person is evicted after the initiation of negotiations for serious or repeatedviolation of
 material items of the lease or occupancy agreement.
  In either case the eviction was not undertaken for the purpose of evading the obligation to make
 available the payments and other assistance set forth in thisChapter.



For purposes of determining eligibility for relocation payments, the date of displacement is the date the
person moves, or if later, the date a comparable replacement dwelling is made available. This section
applies only to persons whowould otherwise have been displaced by a project.



General Requirements – Claims for Relocation Payments

Documentation

Any claim for a relocation payment shall be supported by such documentation as may be reasonably
required to support expenses incurred, such as bills certified prices, appraisals, or other evidence of such
expenses. A displaced person must be provided reasonable assistance necessary to complete and file any
required claim for payment.



Expeditious Payments

VTrans shall review claims in an expeditious manner. The claimant shall be promptlynotified as to any
additional documentation that is required to support the claim.

Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to
support the claim.

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Advance Payments

If a person demonstrates the need for an advanced relocation payment in order to avoidor reduce a hardship,
VTrans shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective
of the payment is accomplished.



Time for Filing

All claims for a relocation payment shall be filed with the VTrans within 18 months afterthe date of
displacement (for tenants and owners), or the date of final payment for the displacement dwelling (owners)
under these regulations, whichever is later. This time period shall be waived by VTrans for good cause.



Notice of Denial of Claim

If VTrans disapproves all or part of a payment claimed or refuses to consider the claimon its merits because
of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination,
the basis for its determination, and the procedures for appealing that determination.



No Waiver of Relocation Assistance

VTrans nor any agency using this Manual, including LPAs, propose or request that adisplaced person
waive his or her rights or entitlements to relocation assistance and benefits provided by the Uniform Act.



Aliens not lawfully present in the United States

Each person seeking relocation payments or relocation advisory assistance shall, as a condition of
eligibility, certify:



  In case of an individual, that he or she is either a citizen or national of the UnitedStates, or an
 alien who is lawfully present in the United States.
  In the case of a family, that each family member is either a citizen or national ofthe United
 States. The certification may be made by the head of the household on behalf of other family
 members.


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  In the case of an unincorporated business, farm, or nonprofit organization, that each owner is
 either a citizen or national of the United States, or an alien who is lawfully present in the United
 States. The certification may be made by the principal owner, manager, or operating officer on
 behalf of other persons with anownership interest.
  In the case of an incorporated business, farm, or nonprofit organization, that thecorporation is
 authorized to conduct business within the United States.



The certification shall indicate whether such person is either a citizen or national of the United States, or
an alien who is lawfully present in the United States. Requirements concerning the certification in addition
to those contained in this rule shall be within thediscretion of the Federal funding agency and, within those
parameters, that of the displacing agency.



In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of
an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of
a failure to be legally present in the United States, no relocation payments may be made to him or her. Any
payment(s) forwhich such household, unincorporated business, farm or nonprofit organization wouldbe
otherwise be eligible shall be computed for the household, based on the number of eligible household
members and for the incorporated business far, or nonprofit organization, based on the ratio of ownership
between eligible and ineligible owners.



VTrans shall consider the certification provided, to be valid, unless VTrans determines inaccordance with
this section that it is invalid based on a review of an alien’s documentation of other information that the
agency considers reliable and appropriate.



Any review by VTrans of the certification provided; pursuant to this section shall be conducted in a
nondiscriminatory fashion. VTrans will apply the same standard of review to all such certifications it
receives, except that such standard may be revisedperiodically.



If based on the review of an alien’s documentation or other credible evidence, VTrans has reason to believe
that a person’s certification is invalid (for example a document reviewed does not on its face reasonably
appear to be genuine), and that, as a result, such person may be an alien not lawfully present in the United
States, it shall obtain hefollowing information before making a final determination:




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  Verification of the alien’s status from the local Immigration and Naturalization Service (INS)
 Office. A list of local INS offices was published in the FEDERAL REGISTER in November 7,
 1997 at 64 FR 61350. Any request for INS verificationshall include the alien’s full name date of
 birth and alien number, and a copy of the alien’s documentation. [If any agency is unable to
 contact the INS, it may contact the FHWA in Washington, DC at 202‐366‐2035 (Office of Real
 Estate Services) or 202‐366‐1372 (Office of Chief Counsel), for a referral to the INS.]
  Request evidence of United States citizenship or nationality from such persona and if
 considered necessary verify the accuracy of such evidence with the issuer.



No relocation payments or relocation advisory assistance shall be provided to a person who has not
provided the certification described in this section or who has been determined to be not lawfully present
in the United States, unless such person can demonstrate to the displacing agency’s satisfaction that the
denial of relocation benefitswill result in an exceptional and extremely unusual hardship to such person’s
spouse, parent, or child who is a citizen of the United States, or is an alien lawfully admitted forpermanent
residence in the United States. Exceptional and extremely unusual hardshipto such spouse, parent, or child
who is a citizen of the United States, or is an alien lawfully admitted for Permanent residence in the United
States. Exceptional and extremely unusual hardship to such spouse, parent, or child of the person not
lawfully present in the United States means that he denial of relocation payments and advisory assistance
to such person will directly result in:



  A significant and demonstrable adverse impact on the health or safety of suchspouse, parent, or
 child; or
  A significant and demonstrable adverse impact on the continued existence of thefamily unit of
 which such spouse or parent, or child is a member; or
  Any other impact that the displacing agency determines will have a significantand demonstrable
 adverse impact on such spouse, parent, or child.



Relocation Payments Not Considered as Income

No relocation payment received by a displaced person or person required to move temporarily under the
regulations of 49 C.F.R. § 24 shall be considered as income for the purpose of the Internal Revenue Code
of 1986, or for the purpose of determining the eligibility or the extent of eligibility of anyperson for
assistance under the Social Security Act, or any other Federal law, except for any Federal law providing
low‐income housing assistance.



MOVING PAYMENTS
Purpose
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To prescribe policies and procedures for payment of moving and related expenses tothose relocated as a
result of Federal‐aid transportation programs.



Payments for Actual Reasonable Moving and Related Expenses – Residential Moves

  Any displaced owner‐occupant or tenant of a dwelling who qualifies as a displaced person as defined in
Definitions – Displaced Person, of this chapter, is entitled to reimbursement of his or her actual moving
and related expenses as VTrans determines to be reasonable and necessary including expenses for:

  Transportation of the displaced person and personal property. Transportationcosts for a distance
 beyond 50 miles are not eligible, unless VTrans determines that relocation beyond 50 miles is
 justified.
  Packing, crating, unpacking, and uncrating of the personal property.
  Disconnecting, dismantling, removing, reassembling, and reinstalling relocatedhousehold
 appliances and other personal property.
  An agency may determine that the storage of personal property is a reasonable and necessary
 moving expense for a displaced person or person required to move temporarily under this part.
 Agencies may approve a payment for storage when the process of relocating from the acquired
 site to the replacement site is delayed for reasons beyond the control of the displaced person.
 Storage may not be longer than 12 months, starting at the date of vacation from the acquired site
 and ending when the replacement site becomes available. Agencies may approve storage for more
 than 12 months in unusual instances as justified, documented, and approved by the agency.
  Insurance for the replacement value of the property in connection with the move,and for
 necessary storage.
  The replacement value of property lost, stolen, or damaged in the process of moving (not
 through the fault or negligence of the displaced person, his or her agent, or employee) where
 insurance covering such loss, theft, or damage is not reasonably available.
  Other moving‐related expenses that are not listed as ineligible under the headingof “Ineligible
 Moving and Related Expenses” of this section, as VTrans may determine to be reasonable and
 necessary.



Fixed Payment for Moving Expenses – Residential Moves

Any person displaced from a dwelling or a seasonal residence is entitled to receive a fixed payment instead
of a payment for actual moving and related expenses, using an Application for Moving Expenses – Families
and Individuals form (TA ROW 673), thatconsists of:



  Moving expenses allowance based on the applicable fixed residential movingcost schedule as
 approved by the FHWA.


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  Moving expense allowance based on the number of rooms containing personal belongings in the
 displacement dwelling, apartment, or mobile home and on anunfurnished and furnished basis in
 accordance with applicable moving allowance schedules.
  A moving expense allowance to a person with minimal possessions who occupies a dormitory
 style room shared by two or more other unrelated persons is limited to $50.



Payments for Actual Reasonable Moving and Related Expenses – Nonresidential Moves

Eligible Costs

Any business or farm operation that qualifies as a displaced person is entitled to payment for moving and
related expenses using the application for moving expenses – businesses farms form (TA ROW 675), as
VTrans determines to be reasonable andnecessary, including expenses for:

  Transportation of personal property. Transportation costs for a distance beyond50 miles are not
 eligible, unless VTrans determines that relocation beyond 50 miles is justified.
  Packing, crating, unpacking, and uncrating of the personal property.
  Disconnecting, dismantling, removing, and reassembling, and reinstalling relocated machinery,
 equipment, and other personal property, and substitute personal property. This includes
 connection to nearby available utilities. It also includes modifications to the personal property
 necessary to adapt it to the replacement structure, the replacement site, or the utilities at the
 replacement site, and modifications necessary to adapt the utilities at the replacement site to the
 personal property. (Expenses for providing utilities from the Right of Way tothe building or
 improvement are excluded.)
  Storage of the personal property not to exceed 12 months, unless VTransdetermines that a
 longer period is necessary.
  Insurance for the replacement value of the personal property in connection withthe move and
 necessary storage.
  Any license, permit, or certification required of the displaced person at the replacement
 location. However, the payment may be based on the remaininguseful life of the existing
 license, permit, or certification.
  The replacement value of property lost, stolen, or damaged in the process of moving (not
 through the fault or negligence of the displaced person, his or her agent, or employee) where
 insurance covering such loss, theft, or damage is notreasonably available.
  Professional services necessary for:
 • Planning the move of the personal property.
 • Moving the personal property.
 • Installing the relocated personal property at the replacement location.
  Re‐lettering signs and replacing stationary on hand at the time of displacement,made obsolete as
 a result of the move.
  Actual direct loss of tangible personal property incurred as result of moving ordiscontinuing the
 business or farm operation. The payment shall consist of the lesser of:
 • The fair market value of the item for continued use at the displacementsite, less the
 proceeds from its sale. (To be eligible for payment, the claimant must make a good faith
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 effort to sell the personal property, unless VTrans determines that such effort is not
 necessary. When paymentfor property loss is claimed for goods held for sale, the fair
 market value shall be based on the cost of the goods to the business, not the potential
 selling price.); or
 • The estimated cost of moving the item, but with no allowance for storage or for
 reconnecting a piece of equipment if the equipment is in storage or not being used at the
 acquired site. (If the business or farm operation is discontinued, the estimated cost shall
 be based on a moving distance of 50 miles.)
  The reasonable cost incurred in attempting to sell an item that is not to berelocated.
  Impact fees or one‐time assessments for anticipated heavy utility usage.
  Professional services in conjunction with the purchase or lease of a replacementsite.
  Provision of utilities from Right of Way to improvements on the replacementsite.
  Purchase of substitute personal property. If an item of personal property that isused as part of a
 business or farm operation is not moved, but is promptly replaced with a substitute item that
 performs a comparable function at the replacement site, the displaced person is entitled to
 payment of the lesser of:



 • The cost of the substitute item, including installation costs at the replacement site, minus
 any proceeds from the sale or trade‐in of thereplaced item; or
 • The estimated cost of moving and reinstalling the replaced item, based onthe lowest
 acceptable bid for eligible moving and related expenses, but with no allowance for
 storage. At VTrans discretion, the estimated cost of a low‐cost or uncomplicated move
 may be based on a single bid or estimate
  In searching for a replacement location, a displaced business or farm operation isentitled to
 reimbursement for actual expenses, not to exceed $2,500, as VTrans determines to be
 reasonable. These expenses must be incurred in searching for areplacement location, including:



 • Transportation
 • Meals and lodging away from home
 • Time spent searching, based on reasonable salary or earnings.
 • Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any
 fees or commissions related to the purchase of the site.
  Other moving‐related expenses that are not listed as ineligible under the headingof “Ineligible
 Moving and Related Expenses” of this section, as VTrans determines to be reasonable and
 necessary.



Notification and Inspection

The following requirements apply to payments under this section.

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  As soon as possible after the initiation of negotiations, the VTrans shall inform thedisplaced
 person, in writing, of the requirements of the immediately following two paragraphs. This
 information may be included in the relocation informationprovided to the displaced person.
  The displaced person must provide the VTrans reasonable advance written noticeof the
 approximate date of the start of the move or disposition of the personal property, and a list of
 the items to be moved. However, the VTrans may waive this notice requirement after
 documenting its file accordingly.
  The displaced person will be requested to provide advance notice to the VTrans and must
 permit the VTrans to make reasonable and timely inspections of the personal property at both
 the displacement and replacement sites and to monitorthe move.



Self-Moves

If the displaced person elects to take full responsibility for all or a part of the move of the business, farm
operation, or nonprofit organization, VTrans may make a payment for the person’s moving expenses in an
amount not to exceed the lower of two acceptable bids or estimates using Fee Moving Expense Estimate
form (TA ROW 689 A), or include person/day requirements, transportation costs, and other related
expenses and must be approved by the Chief of Acquisition prior to being completed using the Moving
Expense Estimate form (TA ROW 689). The approved amount of suchmoving expense findings can be
paid to the owner of a business upon completion of the move without supporting evidence of actual
expenses incurred.



Transfer of Ownership

Any personal property that has not been moved, sold, or traded in that remains on avacated property, and
subject to VTrans disposal shall be considered abandoned.


Advertising Signs

The amount of a payment for direct loss of an advertising sign that is personal propertyshall be the lesser
of:



  The depreciated reproduction cost of the sign as determined by VTrans, less theproceeds from
 its sale; or
  The estimated cost of moving the sign, but with no allowance for storage.



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Reestablishment Expenses – Nonresidential Moves

In addition to those payments available as previously described under the heading of “Payments for Actual
Reasonable Moving and Related Expenses – Nonresidential Moves” of this section, a displaced small
business, farm, or nonprofit organization is entitled to receive a payment, not to exceed $25,000, for
expenses actually incurred in relocating and reestablishing such small business, farm, or nonprofit
organization at thereplacement site.



Eligible Reestablishment Expenses

Reestablishment expenses must be reasonable and necessary as determined by VTrans.They include, but
are not limited to, the following:



  Repairs or improvements to the replacement real property as required byFederal, State or local
 law, code or ordinance.
  Modifications to the replacement property to accommodate the business operation or make
 replacement structures suitable for conducting the business.
  Construction and installation costs of exterior signing to advertise the business.
  Redecoration or replacement of soiled or worn surfaces at the replacement site,such as paint,
 paneling, or carpeting.
  Advertisement of replacement location.
  Estimated increased costs of operation during the first two years at thereplacement site for such
 items as:
 • Lease or rental charges.
 • Personal or real property taxes.
 • Insurance premiums.
 • Utility charges, excluding impact fees.
  Other items that VTrans considers essential to the reestablishment of the business.




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Ineligible Reestablishment Expenses

The following is a nonexclusive listing of reestablishment expenditures not consideredto be reasonable,
necessary, or otherwise eligible:



  Purchase of capital assets, such as office furniture, filing cabinets, machinery, ortrade fixtures.
  Purchase of manufacturing materials, production supplies, product inventory, orother items used
 in the normal cause of the business operation.
  Interest on money borrowed to make the move or purchase the replacementproperty.
  Payment to a part‐time business in the home which does not contribute materially to the
 household income.



Fixed Payment for Moving Expenses – Nonresidential Moves

Business

A displaced business may be eligible to choose a fixed payment in lieu of the payments for actual moving
and related expenses and reasonable reestablishment expenses. Suchfixed payment, except for payment to
a nonprofit organization, shall equal the average annual net earnings of the business, as computed in
accordance with the method shownon the next page, under the heading “Average Annual Net Earnings of
a Business or Farm Operation,” but not less than $1,000 or more than $53,200. The displaced businessis
eligible for the payment if VTrans determines that:



  The business owns or rents personal property that must be moved in connectionwith such
 displacement and for which an expense would be incurred in such a move, and if the business
 vacates or relocates form its displacement site.
  The business cannot be relocated without a substantial loss of its existing patronage (clientele or
 net earnings). A business is assumed to meet this test unless VTrans determines that it will not
 suffer a substantial loss of its existingpatronage.
  The business is not part of a commercial enterprise having more than three otherentities that are
 not being acquired by VTrans, and which are under the same ownership and engaged in the
 same or similar business activities.
  The business is not operated at a displacement dwelling solely for the purpose ofrenting such a
 dwelling to others.
  The business contributed materially to the income of the displaced person duringthe two taxable
 years prior to displacement as indicated under the heading of “Contributes Materially” in
 definitions, of this Chapter.


Determining the Number of Businesses

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In determining whether two or more displaced legal entities constitute a single businessthat is entitled to
only one fixed payment, all pertinent factors shall be considered, including the extent to which:



  The same premises and equipment are shared.
  Substantially identical or interrelated business functions are carried out andbusiness and
 financial affairs are commingled.
  The entities are held out to the public, and to those customarily dealing withthem, as one
 business.
  The same person, or closely related persons, owns, controls, or manages theaffairs of the
 entities.



Farm Operation

Any displaced farm operation may choose a fixed payment in lieu of a payment for actual moving and
related expenses, and actual reasonable reestablishment expenses inan amount equal to its average annual
net earnings as computed in accordance with theguidelines set forth under the heading of “Average Annual
Net Earnings of a Business of Farm Operation” of this section, but not less than $1,000 or more than
$53,200. In thecase of a partial acquisition of land which was a farm operation before the acquisition, the
fixed payment shall be made only if VTrans determines that:



  The acquisition of part of the land caused the operator to be displaced from thefarm operation
 on the remaining land, or
  The partial acquisition caused a substantial change in the nature of the farmoperation.



Nonprofit Organization

A displaced nonprofit organization may choose a fixed payment of $1,000 to $53,200in lieu of the
payments for actual moving and related expenses and actual reasonable reestablishment expenses, if
VTrans determines that it cannot be relocated without a substantial loss of existing patronage (membership
or clientele). A nonprofit organization is assumed to meet this test, unless VTrans demonstrates otherwise.
Any payment in excess of $1,000 must be supported with financial statements for the two 12‐month periods
prior to the acquisition. The amount to be used for the payment is the average of two years’ annual gross
revenues less administrative expenses.



Average Annual Net Earnings of a Business or Farm Operation


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The average annual net earnings of a business or farm operation are one‐half of its netearnings before
Federal, State, and local income taxes during the two taxable years immediately prior to the taxable year
in which it was displaced. If the business or farm was not in operation for the full two taxable years prior
to displacement, net earnings shall be based on the actual period of operation at the displacement site
during the two taxable years prior to displacement, projected to an annual rate. Average annual net earnings
may be based upon a different period of times when VTrans determines it to bemore equitable. Net earnings
include any compensation obtained from the business of farm operation by its owner, the owner’s spouse,
and dependents. The displaced person shall furnish VTrans proof of net earnings through income tax
returns, certified financial statements, or other reasonable evidence which VTrans determines is
satisfactory according to computations for in‐lieu of moving expenses – businesses and farm operations
form (TA ROW 679).



Ineligible Moving and Related Expenses



  The cost of moving any structure or other real property improvements in whichthe displaced
 person reserved ownership.
  Interest on a loan to cover moving expenses.
  Loss of goodwill.
  Loss of profits.
  Loss of trained employees.
  Any additional operating expenses of a business, farm, or nonprofit organizationincurred
 because of operating in a new location, except those allowed under “Eligible Reestablishment
 Expenses” of this section.
  Personal injury.
  Any legal fee or other cost for preparing a claim for a relocation payment or forrepresenting the
 claimant before VTrans.
  Expenses for searching for a replacement dwelling.
  Physical changes to the real property at the replacement location of business, farm, or nonprofit
 organization, except those allowed under “Eligible Moving and Related Expenses” and those
 under “Eligible Reestablishment Expenses” ofthis section.
  Costs for storage of personal property on real property owned or leased by thedisplaced person.
  Refundable security and utility deposits.



Discretionary Utility Relocation Payments (23 CFR 645)

Whenever a program or project undertaken by VTrans causes the relocation of a utilityfacility and the
relocation of the facility creates extraordinary expenses for its owner, VTrans may, at its option, make a
relocation payment to the owner for all or part of suchexpenses, if the following criteria are met:



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  The utility facility legally occupies State or local government property, or property over which
 the State or local government has an easement or right ofway;
  The utility facility’s right of occupancy thereon is pursuant to the State law orlocal ordinance
 specifically authorizing such use, or where such use and occupancy has been granted through a
 franchise, use or occupancy permit, orother similar agreement;
  Relocation of the utility facility is required by and is incidental to the primarypurpose of the
 project or program undertaken by VTrans;
  There is no Federal law other than the Uniform Act, which clearly establishes apolicy for the
 payment of utility moving costs that is applicable to VTrans program or project;
  State or local government reimbursement for utility moving cost or payment ofsuch costs by
 VTrans is in accordance with State law.
  The term “extraordinary expenses” means those expenses which, in the opinion of the
 displacing agency, are not routine or predictable expenses relating to the utility’s occupancy of
 rights of way, and are not ordinarily budgeted as operatingexpenses, unless the owner of the
 utility facility has explicitly and knowingly agreed to bear such expenses as a condition for use
 of the property, or has voluntarily agreed to be responsible for such expenses.
  A relocation payment to a utility facility owner for moving costs under this section may not
 exceed the cost to functionally restore the service disrupted bythe federally assisted program or
 project, less any increase in value of the new facility and salvage value of the old facility. The
 displacing agency and the utility facility owner shall reach prior agreement on the nature of the
 utility relocation work to be accomplished, the eligibility of the work for reimbursement, the
 responsibilities for financing and accomplishing the work,and the method of accumulating costs
 and making payment.



Moving Expenses Records

VTrans shall maintain records containing the following information regarding movingexpense payments:



  The date the removal of personal property was accomplished using applicationfor moving
 expenses – families and individuals form (TA ROW 673), and application for moving expenses
 – businesses, farms form (TA ROW 675).
  The location from which, and to which, the personal property was moved, usingforms (TA
 ROW 673 and 375).
  If the personal property was stored temporarily, the location where the property was stored, the
 duration of such storage as indicated on forms (TA ROW 673 and675), and justification for the
 storage and the storage charges using record of relocation assistance contacts form (TA ROW
 644).
  Itemized statement of the costs incurred, supported by receipted bills or other evidence of
 expense according to forms (TA ROW 673 and 675), including actualreestablishment expenses
 on form (TA ROW 672).



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  Amount of reimbursement claimed, amount allowed using forms (TA ROW 673and 675), and
 an explanation of differences, as indicated on relocation assistanceapplication for (TA ROW
 672).
  Data supporting any determination that a business cannot be relocated without asubstantial loss
 of its existing patronage and that is not part of a commercial enterprise having more than three
 other establishments not being acquired as indicated on computations for in lieu of moving
 expenses and farm operations form (TA ROW 679).
  When an “in lieu of” payment is made to a business or farm operation, datashowing how the
 payment was computed, using form (TA ROW 679).
  When moving expense payment is made to a business or farm operation, datashowing how the
 payment was computed, using form (TA ROW 679).
  When moving expense payments are made in accordance with a schedule, records showing the
 basis on which payment was made shall be maintained on application for moving expenses –
 families and individuals form (TA ROW 673),except as previously indicated.



REPLACEMENT HOUSING PAYMENTS


Purpose

To prescribe policies and procedures of replacement housing payments to thoserelocated as a result of
Federal‐aid transportation programs and projects.



Replacement Housing Payments for 90-Day Homeowner-Occupants

Eligibility

A displaced person is eligible for the replacement housing payment for a 90‐dayhomeowner‐occupant if
the person:



  Has owned and occupied the displacement dwelling for not less than 90 days immediately prior
 to the initiation of negotiations; and
  Purchases and occupies a decent, safe, and sanitary replacement dwelling withinone year after
 the later of (except that the Agency may extend such one‐year period for good cause):
 • The date the person receives final payment for the displacement dwelling(in the case of
 condemnation, the date the full amount of the estimate of just compensation is deposited
 in the court).
 • The date a comparable replacement dwelling, or dwellings, is madeavailable to the
 displaced person.
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Amount of Total Payment

The total replacement housing payment for an eligible 90‐day homeowner‐occupant is not to exceed
$41,200 (See also Replacement Housing of Last Resort), which is the combined sum of:



 a) The amount by which the cost of a replacement dwelling exceeds the acquisitioncost of the
 displacement dwelling as determined under the heading of “Determination of Price Differential”
 in this section.
 b) The amount necessary to compensate the displaced person for any increased interest costs and
 other debt service costs to be incurred in connection with themortgage(s) on the replacement
 dwelling, as determined under the heading of“Increased Mortgage Interest Cost” of this section.
 c) The amount of reasonable expenses that are incidental to the purchase of thereplacement
 dwelling, as determined under the heading of “Incidental Expenses” of this section.



Price Differential

Determination of Price Differential

The price differential to be paid under the heading of “Amount of Total Payment” ofthis section, is the
amount which must be added to the acquisition cost of the displacement dwelling to provide a total amount
equal to the lesser of:



  The reasonable cost of a comparable replacement dwelling as determined underthe heading of
 “Determining the Cost of Comparable Replacement Dwelling” ofthis section.
  The purchase price of the decent, safe, and sanitary replacement dwelling ispurchased and
 occupied by the displaced person.



Owner Retention of Displacement Dwelling

If the owner retains ownership of his or her dwelling, moves it from the displacementsite, and reoccupies
it on a replacement site, the purchase price of the replacement dwelling shall be considered to be the sum
of:




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  The moving expenses and the cost of restoration to a condition comparable tothat prior to the
 move, including the retention value of the retained dwelling;and
  The costs incurred to make the unit a decent, safe, and sanitary replacementdwelling; and
  The current fair market value of the replacement site, for residential use, unlessthe claimant
 rented the displacement site and there is a reasonable opportunityfor the claimant to rent a
 suitable replacement housing payment.



Increased Mortgage Interest Costs

The payment for increased mortgage interest costs shall be the amount which will reduce the mortgage
balance on a new mortgage to an amount that will provide the same monthly payment for principal and
interest as that for the mortgage(s) on the displacement dwelling plus other debt service costs, if not paid
as incidental costs. Thispayment is commonly known as the buy down method.



The increased mortgage interest payment shall be computed based on the followingrules:



  The payment shall only be based on bona fide mortgages that were a valid lien on the
 displacement dwelling for at least 180 days prior to the initiation of negotiations. All such
 mortgages on the displacement dwelling shall be used tocompute the payment.
  The payment shall be based on the unpaid mortgage balance(s) on the displacement dwelling.
 However, if the displaced person obtains a smaller mortgage than the mortgage balance(s)
 computed, the buy down determination, the payment, will be prorated and reduced accordingly.
 In the case of a home equity loan the unpaid balance shall be that balance which existed 180
 days priorto the initiation of negotiations or the balance on the dated of acquisition, whichever
 is less.
  The payment shall be based on the remaining term of the mortgage(s) on thedisplacement
 dwelling or the actual term of the new mortgage, whichever is shorter.
  The interest rate on the new mortgage shall not exceed the prevailing fixed interest rate
 currently charged for conventional mortgages by mortgage lending institutions in the area in
 which the replacement dwelling is located.
  Purchaser’s points and origination fees, but not seller’s points, shall be paid tothe extent:
 • They are not paid as incidental expenses; and
 • They do not exceed rates normal to similar real estate transactions in the area; and
 • VTrans determines them to be necessary; and
 • The computation of such points and fees will be based on the unpaid mortgage balance
 on the displacement dwelling, less the amount determined for the reduction of the
 mortgage balance under this section.
  The displaced person shall be advised of the approximate amount of the mortgage interest
 payment and the conditions that must be met to receive thispayment as soon as the facts relative


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 to the person’s current mortgage(s) are known. The payment shall be made available at or near
 the time of closing onthe replacement dwelling in order to reduce the new mortgage as intended.



Reverse Mortgages

The payment for replacing a reverse mortgage shall be the difference between the existing reverse
mortgage balance and the minimum dollar amount necessary to purchase a replacement reverse mortgage
which will provide the same or similar terms as that for the reverse mortgage on the displacement dwelling.
In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be
based only on reverse mortgages that were valid liens on the displacement dwelling for at least 180 days
prior to the initiation of negotiations. Paragraphs (e)(1) through (4) of this section shall apply to the
computation of the mortgage interest differential payment required under paragraph (d) of this section,
which payment shall be contingent upon a new reverse mortgage being purchased for the replacement
dwelling.



  The payment shall be based on the difference between the reverse mortgage balance and the
 minimum amount needed to qualify for a reverse mortgage with the similar terms as the reverse
 mortgage on the displacement dwelling; however, in the event the displaced person obtains a
 reverse mortgage with a smaller principal balance than the reverse mortgage balance(s)
 computed in the buydown determination, the payment will be prorated and reduced accordingly.
 (See appendix A to this part, section 24.401(e).) The reverse mortgage balance shall be that
 balance which existed 180 days prior to the initiation of negotiations or the reverse mortgage
 balance on the date of acquisition, whichever is less.
  The interest rate on the new reverse mortgage used in determining the amount of the eligibility
 shall not exceed the prevailing rate for reverse mortgages currently charged by mortgage
 lending institutions for owners with similar amounts of equity in their units in the area in which
 the replacement dwelling is located.
  Purchaser's points and loan origination,but not seller's points, shall be paid to the extent: (i)They
 are not paid as incidental expenses;

(ii)They do not exceed rates normal to similar real estate transactions in the area;

(iii)The agency determines them to be necessary; and

(iv)The computation of such points and fees shall be based on the reverse mortgage balance on the displacement
dwelling plus any amount necessary to purchase the new reverse mortgage.

  The displaced person or their representative shall be advised of the approximate amount of this
 eligibility and the conditions that must be met to receive the reimbursement as soon as the facts
 relative to the person's current reverse mortgage are known; the payment shall be made
 available at or near the time of closing on the replacement dwelling in order to purchase the new
 reverse mortgage as intended.

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Incidental Expenses

The incidental expenses to be paid under the headings of “Amount of Total Payment”and “Down Payment
Assistance Payment” of this section are those reasonable and necessary costs actually incurred by the
displaced person incident to the purchase of areplacement dwelling, and customarily paid by the buyer,
including:



  Legal, closing, and related costs, including those of title search, preparing conveyance
 instruments, notary fees, preparing surveys and plats, and recordingfees.
  Lender, Federal Housing Administration (FHA), or Veterans Administration(VA) application
 and appraisal fees.
  Loan origination or assumption fees that do not represent prepaid interest.
  Certification of structural soundness and termite inspection when required.
  Credit report.
  Owner’s and mortgagee’s evidence or assurance of title – for example, titleinsurance not to
 exceed the costs for a comparable replacement dwelling.
  Escrow agent’s fee.
  State revenue or documentary stamps, sales or Vermont Property Transfer Taxes(not to exceed
 the costs for a comparable replacement dwelling).
  Such other costs as VTrans determine to be incidental to the purchase.


Rental Assistance Payment for 90 – Day Owner

A 90‐day homeowner‐occupant, eligible for a replacement housing payment, but who elects to rent a
replacement dwelling, is eligible for a payment. The amount of the payment is based on market rent for
the acquired dwelling compared to a comparable rental dwelling available on the market. The payment
shall be computed and disbursedin accordance with the “Rental Assistance Payment” of this section, except
that the limitof $9,570 does not apply and disbursed in accordance with “Manner of Disbursement”. The
payment is not to exceed the amount that could have been received under heading “Amount of Total
Payment” had the 90‐day homeowner elected to purchase and occupy a comparable replacement dwelling.



Replacement Housing Payments for 90 – day Occupants

Eligibility

A tenant or owner‐occupant displaced from a dwelling is entitled to a payment not to exceed $9,570 for
rental assistance, as outlined under the headings of “Rental Assistance Payment” or “Down Payment
Assistance Payment” of this section, if such displaced person:


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  Has actually and lawfully occupied the displacement dwelling for at least 90 days immediately
 prior to the initiation of negotiations; and
  Has rented, or purchased, and occupied a decent, safe, and sanitary replacement dwelling within
 one year (unless VTrans extends this period for good cause) after:
 • In the case of a tenant, the date he or she moves from the displacementdwelling, or
 • In the case of an owner‐occupant, the later of the date he or she receivedfinal payment
 for displacement dwelling, or the date he or she moved from the displacement dwelling.



Rental Assistance Payment

Amount of Payment

An eligible displaced person who rents a replacement dwelling is entitled to a payment not to exceed,
$9,570 for rental assistance. Such payment shall be 42 times the amount obtained by subtracting the base
monthly rental for the displacement dwelling from thelesser of:



  The monthly rent and estimated average monthly utility cost for a comparablereplacement
 dwelling; or
  The monthly rent and estimated average monthly utility cost for the decent, safe,and sanitary
 replacement dwelling actually occupied by the displaced person.


Base Monthly Rental for Displacement Dwelling

The base monthly rental for the displacement dwelling is the lesser of:



  The average monthly cost for rent and utilities at the displacement dwelling for areasonable
 period prior to displacement as determined by VTrans. For an owner‐occupant, use the fair
 market economic rent for the displacement dwelling. In the case of a tenant who pays little or
 no rent, use the fair market economic rent unless its use would result in a hardship because of
 the person’s income or other circumstance;
  Thirty percent of the displaced person’s average monthly gross household income if the amount
 is classified as “low income” by U.S. Dept. of HUD’s annual survey. (If the displaced person
 refuses to provide appropriate evidenceof income, or is a dependent, the base monthly rental
 shall be established solely on the criteria in the immediately preceding paragraph. A full‐time
 student or resident of an institution may be assumed to be a dependent, unless the person
 demonstrates otherwise); or


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  The total of the amounts designated for shelter and utilities, if receiving a welfareassistance
 payment from a program that designates the amounts for shelter and utilities.



Manner of Disbursement

The payment under this section may, at the discretion of VTrans, be disbursed in either alump‐sum or in
installments. However, except as limited by the death of a displaced person, the full amount vests
immediately, whether or not there is any later change in the person’s income or rent, or in the condition of
the person’s housing.



Down Payment Assistance Payment

Amount of Payment

An eligible displaced person who purchases a replacement dwelling is entitled to a down payment
assistance payment equal to the amount the person would receive if he/she had rented comparable
replacement housing, but not to exceed $9,570. The amount of payment for a displaced person eligible to
receive a replacement housing payment for a 180‐day homeowner‐occupant will be calculated as outlined
in sectiontitled “Rental Assistance Payment for 180‐Day Owner”.



Down Payment

For purposes of this section, the term “down payment” means the down payment ordinarily required to
obtain conventional loan financing for the decent, safe, and sanitary dwelling purchased and occupied.
However, if the down payment required of




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a replacement dwelling exceeds the amount ordinarily required, the amount of the“down payment” shall
be the amount which VTrans determines is necessary.



Application of Payment

The full amount of the replacement housing payment for down payment assistancemust be applied to the
purchase price of the replacement dwelling and related incidental expenses.



Additional Rules Governing Replacement Housing Payments

Determining Cost of Comparable Replacement Dwelling

The upper limit of a replacement housing payment shall be based on the cost of arepresentative comparable
replacement dwelling.



  If available, at least three comparable replacement dwellings shall be examined and the
 payment computed based on the dwelling most nearly representative of,and equal to, or better
 than, the displacement dwelling. An adjustment shall be made to the asking price of any
 dwelling, if such an adjustment is considered justified by VTrans (for example, local market
 conditions). An obviously overpriced dwelling may be ignored.
  If the site of the comparable replacement dwelling lacks a major exterior attributeof the
 displacement dwelling site (for example, if the site is significantly smaller or does not contain a
 swimming pool), the value of such attribute shall be subtracted from the acquisition costs of the
 displacement dwelling for purposes of computing the payment.
  If the acquisition of a portion of a typical residential property causes the displacement of the
 owner from the dwelling, and the remainder is a buildable residential lot, VTrans may offer to
 purchase the entire property. If the owner refuses to sell the remainder to VTrans, the fair
 market value of the reminder maybe added to the acquisition cost of the displacement dwelling
 for purposes of computing the replacement housing payment.
  If the comparable replacement dwelling lacks a facility necessary for a person with a disability,
 the supplement shall be increased by the actual reasonable costof such a facility.
  To the extent feasible, comparable replacement dwellings shall be selected from the
 neighborhood in which the displacement dwelling was located or, if that is not possible, in
 nearby or similar neighborhoods where housing costs are generally the same or higher.
  VTrans may recompute replacement housing payments when the housing marketconditions
 warrant, and/or considerable time has elapsed from the original computation.
  Multiple occupants of one displacement dwelling – if two or more occupants ofthe
 displacement dwelling move to separate replacement dwellings, each occupant is entitled to a
 reasonable prorated share, as determined by VTrans, of any relocation payments that would
 have been made if the occupants moved together to a comparable replacement dwelling.

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 However, if VTrans determinesthat two or more occupants maintained separate households
 within the same dwelling, such occupants have separate entitlements to relocation payments.


Deductions from Relocation Payments.

VTrans will deduct the amount of any advance relocation payment(s) to which a displaced person is
otherwise entitled.VTrans will not withhold any part of a relocation payment to satisfy an obligationto any
other creditor.


Mixed-Use and Multifamily Properties Acquired

 11. If the displacement dwelling was part of a property that contained another
 dwelling unit and/or space used for nonresidential purposes, and/or is located on a
 lot larger than typical for residential purposes, only that portion of the acquisition
 payment which is actually attributable to the displacement dwelling shall be
 considered its acquisition cost when computing the price differential.



Inspection of Replacement Dwelling

Before making a replacement housing payment or releasing a payment from escrow, VTrans or its
designated representative shall inspect the replacement dwelling and determine whether it is a decent, safe,
and sanitary dwelling as indicated on replacement housing, decent, safe, and sanitary standards checklist
(two sheets) form(TA ROW 686).



VTrans is to make clear that such inspection is for the purpose of issuing a replacementhousing payment
only, and for no other purpose.



Purchase of Replacement Dwelling

A displaced person is considered to have met the requirement to purchase areplacement dwelling, if the
person:



  Purchases a dwelling.
  Purchases and rehabilitates a substandard dwelling.
  Relocates a dwelling that he or she owns or purchases.
  Constructs a dwelling on a site he or she owns or purchases.

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  Contracts for the purchase or construction of a dwelling on a site provided by abuilder or on a
 site the person owns or purchases.
  Currently owns a previously purchased dwelling and site, the valuation of whichshall be based
 on current fair market value.



Occupancy Requirements for Displacement or Replacement Dwelling

No person shall be denied eligibility for a replacement housing payment solely becausethe person is unable
to meet the occupancy requirements set forth in these regulations for a reason beyond his or her control,
including:



  A disaster, an emergency, or an imminent threat to the public health or welfare,as determined by
 the president, the Federal agency funding the project, or the displacing agency.
  For various reasons, such as a delay in the construction of the replacementdwelling, military
 reserve duty, or hospital stay, as determined by VTrans.



Conversion of Payment

A displaced person who initially rents a replacement dwelling and receives a rental assistance payment is
eligible to receive a payment if he or she meets the eligibility criteria for such payments, including purchase
and occupancy within the prescribed one‐year period. Any portion of the rental assistance payment that
has been disbursedshall be deducted from the payment computed under replacement housing or down
payment assistance provisions.



Payment after Death

A replacement housing payment is personal to the displaced person and upon his or her death the
undisbursed portion of any such payment shall not be paid to the heirs orassigns, except that:



  The amount attributable to the displaced person’s period of actual occupancy ofthe replacement
 housing shall be paid.
  The full payment shall be disbursed in any case in which a member of a displaced family dies
 and the other family member(s) continue to occupy the decent, safe, and sanitary replacement
 dwelling selected in accordance with theseregulations.



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  Any portion of a replacement housing payment necessary to satisfy the legal obligation of an
 estate in connection with the selection of a replacement dwellingby, or on behalf of a deceased
 person, shall be disbursed to the estate.



Insurance Proceeds

To the extent necessary to avoid duplicate compensation, the amount of any insuranceproceeds received
by a person in connection with a loss to the displacement dwelling due to a catastrophic occurrence (for
example fire, flood) shall be included in the acquisition cost of the displacement dwelling when computing
the price differential.



Replacement Housing Payments in Condemnation Cases

No property owner will be deprived of the earliest possible payment of the replacementhousing amounts
to which he or she is rightfully due. Replacement housing payment can be computed and paid to a property
owner unless the determination of VTrans acquisition price is pending the outcome of condemnation
proceedings. Since the amount of the replacement housing payment cannot be determined due to the
pending condemnation proceedings, a provisional replacement housing payment will be calculated by
deeming VTrans maximum offer for the property as the acquisition price.Payment of such amount may be
made upon the owner‐occupants agreement as indicated in the replacement housing payment agreement.



  Upon final determination of the condemnation proceeding, the replacement housing payment
 will be recomputed using the acquisition price determined by the court, and as compared to the
 actual price paid, or the amount determined byVTrans necessary to acquire a comparable,
 decent, safe, and sanitary dwelling.
  If the amount awarded in the condemnation proceeding as the fair market value of the property
 acquired, plus the amount of the provisional replacement housing payment, exceeds the lesser
 of the price paid for, or VTrans determinedcost of a comparable dwelling, he or she will refund
 to the VTrans, from his or herjudgment, an amount equal to the amount of the excess. However,
 in no event, shall he or she be required to refund more than the amount of the replacement
 housing advanced. If the property owner does not agree to this adjustment, the replacement
 housing payment shall be deferred until the case is fully adjudicatedand computed based on the
 final determination, using the award as the acquisition price.



Subsequent Occupancy

In the event occupants eligible for both supplemental and moving payments vacate after initiation of
negotiations for the parcel and prior to title passing to the acquiring agency, VTrans may rent the property

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from the owner. The purpose of this procedure isto prevent a “subsequent” tenant from occupying the
property thereby becoming eligible for a moving payment and possibly a last resort housing payment.



Replacement Housing and Rent Supplement Payment Records

VTrans shall maintain records containing the following information regardingreplacement housing and
rent supplement payments.



  The date of the State’s receipt will be stamped on each application for suchpayments.
  The date on which each payment was made, or the application rejected will beindicated on form
 replacement housing application form (TA ROW 680A)
  Supporting data explaining how the amount of the payment to which the applicant is entitled
 will be calculated on forms (TA ROW 665 through 671A). The relocation assistance agent
 responsible for determining the amount of the replacement housing or rent supplement payment
 shall place in the file a signedand dated statement setting forth:
 • The amount of replacement housing or rent supplement paymentsindicated on forms
 (TA ROW 669 through 671A).
 • That this relocation assistance agent understands that the determined amount is to be
 used in conjunction with a Federal‐aid Transportationproject.
 • That this relocation assistance agent has no direct or indirect, present orcontemplated
 personal interest in this transaction, nor will he or she derive any benefit from the
 replacement housing payment.
  A copy of the closing statement and/or required receipted bills to support the purchase or down
 payment and closing expenses when replacement housing ispurchased, will be included in the
 relocation assistance parcel file
  Data including computations to support the increased interest payment will beindicated on
 mortgage differential and closing cost application form (TA ROW687).
  A statement by VTrans that in its opinion, the displaced person has been relocated into decent,
 safe, and sanitary housing. If, in fact, the displaced persondoes not move into decent, safe, and
 sanitary replacement housing, VTrans shall document the reasoning for the circumstances.



REPLACEMENT HOUSING OF LAST RESORT


Purpose

This section will prescribe the policies and procedures VTrans will use for the provisionof replacement
housing as last resort when comparable decent, safe, and sanitary replacement housing is not available or
is available, but not within the monetary limits for owners and tenants set forth in subpart E, replacement
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housing payments (49 C.F.R. § 24).

VTrans will have broad latitude in implementing the following procedures and willcooperate with other
agencies that can be of assistance.



General Requirements

Rights of the Displaced Person

No person shall be required to move from a displacement dwelling unless comparablereplacement housing
is made available to such person. Displaced persons will not be deprived of any right to receive relocation
payments that they may be eligible for, or their freedom of choice in the selection of replacement housing.
A displaced person will not be required to accept a dwelling provided by VTrans under last resort
procedures unless VTrans and displaced person have entered into a written agreementto do so. VTrans
obligation will have been met when such comparable housing has been made available to the displaced in
compliance with the Uniform Act.



If the displaced does not accept the comparable replacement housing provided byVTrans, but obtains and
occupies other decent, safe, and sanitary housing, the replacement housing payment shall be the lesser of:



  The amount necessary to provide comparable replacement housing asdetermined by VTrans; or
  The amount actually incurred by the displaced for decent, safe and sanitaryhousing.



Ownership or Tenancy Status

The responsibility of VTrans will be to provide housing that places the relocated in his or her same
occupancy status. At the request of the displaced, VTrans may provide a dwelling which changes the
ownership or tenancy status of the displaced if such a dwelling is available and can be provided more
economically.



Civil Rights

The selection of prime contractors and subcontractors will be made by VTrans on anondiscriminatory basis
and in accordance with VTrans civil rights policy.



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Basic Determination to Provide Last Resort Housing

Displaced persons cannot be required to move from their dwelling unless at least one comparable
replacement dwelling is made available to them. When a replacement housing payment under subpart E,
replacement housing payments, of 49 C.F.R. § 24, is not sufficient to provide such housing, additional
measures may be needed. VTrans willtake additional measures when it determines that there is a reasonable
likelihood that the project will not be able to proceed to completion in a timely manner because no
comparable replacement dwelling will be available on a timely basis to a person to be displaced. VTrans
obligation to ensure that a comparable replacement dwelling is available; shall be met when the displacee
is relocated.




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Methods of Providing Replacement Housing

The methods of providing last resort housing shall be on a reasonable cost basis andmay include, but are
not limited to:



  Rehabilitation of, and or additions to, an existing replacement dwelling.
  The construction of a new replacement dwelling.
  The provisions of a direct loan, which requires regular amortization or deferredrepayment. The
 loan may be unsecured or secured by the real property. The loan may bear interest or be interest
 free.
  A replacement housing payment in excess of the limits set forth in replacement housing
 payments, of 49 C.F.R. § 24. (rental assistance payment may be providedin installments.)
  The relocation and, if necessary, rehabilitation of replacement dwelling.
  The purchase of land and/or replacement dwelling by the displacing agency andsubsequent sale
 or lease to, or exchange with, a displaced person.
  The removal of barriers for persons with disabilities.
  The change in status of the displaced person with his or her concurrence from tenant to
 homeowner when it is more cost effective to do so as in cases where adown payment may be
 less expensive than a last resort rental assistance payment.
  The transfers from any Agency to VTrans of any real property surplus.
  Under special circumstances, consistent with the definition of a comparable replacement
 dwelling, modified methods of providing replacement housing oflast resort permit consideration
 of replacement housing based on space and physical characteristics different from those in the
 displacement dwelling, including upgraded, but smaller replacement housing that is decent,
 safe, and sanitary and adequate to accommodate individuals or families displaced from marginal
 or substandard housing with probable functional obsolescence. In noevent, however, shall a
 displaced person be required to move into a dwelling that is not functionally equivalent.
  VTrans shall provide assistance to a displaced person who is not eligible to receive a
 replacement housing payment because of failure to meet the length of occupancy requirement
 under “replacement housing payment for 180‐day homeowner‐occupant” or “replacement
 housing payment for 90‐day occupants”when comparable replacement rental housing is not
 available at rental rates within the person’s financial means unless VTrans pays that portion of
 the monthly housing costs of a replacement dwelling as calculated under the section
 “Replacement Housing Payments for 90‐day occupants, Base Monthly Rental forDisplacement
 Dwelling.” Such assistance shall cover a period of 42 months.
  The method selected for providing last resort housing shall be cost effective.



Last Resort Housing Plan

A last resort housing plan will be developed when warranted by the number and type of displacements
and/or the complexities of the displacement involved.


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  Relocation personnel are encouraged to be innovative in developing a last resort housing plan.
 The relocates will have their input in the sense that their present occupancy status, financial
 means, needs, and intentions will receive appropriateconsideration. This will be correlated to
 the housing resources of the project areaand a determination will be made as to the most
 humane and economically feasible solution to provide the displaced with decent, safe, and
 sanitary housing.



The last resort housing plan should also indicate, where appropriate:



  The solution proposed is in accordance with State law.
  How, when and where housing will be provided.
  Environmental suitability for the location of proposed housing.
  Method of financing proposal and the use of project funds.
  An estimate of the costs to the relocates and its effect on their financial meansand the costs to
 the project.
  Property management provisions of last resort housing if appropriate.
  The disposition of proceeds, if any, from last resort housing proposal.
  Monitoring of construction or any other process pursuant to the provision ofreplacement
 housing.
  Extent of consultation and utilization of other governmental agencies and theguidance, and/or
 arrangements resulting.
  Any other pertinent comments relevant to providing replacement housing.



From the beginning of the last resort housing plan and continuing during the course of its
development/implementation, VTrans will consult and coordinate with the involvedagencies and parties
to include the residents to be displaced or their representatives.

Upon completion of the last resort housing plan, it will be reviewed and approved by the Chief of
Acquisition before commencing with the implementation and/or makingpayments.



Implementation of Last Resort Housing Plan

Use of Other Agencies

Whenever practical and desirable, VTrans will utilize services, advice, and technical assistance from other
government agencies or private groups having experience in the administration or conduct of last resort
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housing plans. VTrans may enter into cooperative agreements with any other Federal, State, or local agency
or contract with any individual, firm, association, or corporation for services in connection with these
activities. It is expected that VTrans will, to the extent possible, utilize the services of Federal, State, or
local housing agencies, or other agencies having experience in the administration or conduct of similar
housing assistance activities.



Last Resort Housing Plan Changes

Should the approved last resort housing plan because of circumstances, change significantly from what it
was originally, a revised plan will be prepared and submittedto the Chief of Acquisition for approval prior
to implementation.



Direct Payments

Payments made under this section may be paid directly to the displaced when such payment is considered
to be a prudent and feasible action, and is in the public interest,and said direct payment is approved by the
Chief of Acquisition.



Monitoring – Certification of Acceptance

VTrans personnel will monitor the construction of replacement houses to assure conformity with the plan.
A final certification of acceptability from the displaced willbe on file.



MOBILE HOMES
Purpose

To prescribe policies and procedures for moving and related expense payments, and for replacement
housing payment to those displaced mobile home occupants relocated as a result of Federal‐aid
transportation programs and projects.



Moving and Related Expenses – Mobile Homes

General

A tenant or owner‐occupant displaced from a mobile home or mobile home site is entitled to a payment
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for the cost of moving his or her personal property on an actual cost basis or based on a fixed payment
under the applicable VTrans schedule. A non‐ occupant owner of a rented mobile home is eligible for cost
of moving his or her personal property on an actual cost basis in accordance with the provisions set forth
under the heading of “Payments for Actual Reasonable Moving and Related Expenses –Residential Moves”
in moving payments, of this Chapter.

  If a displaced mobile‐home owner files a claim for actual moving expenses for moving the
 mobile home to a replacement site, the reasonable cost of disassembling, moving, and
 reassembling any attached appurtenances (such asporches, decks, skirting, and awnings) that
 were not acquired, anchoring of theunit, and utility hookup charges are reimbursable.
  If the mobile home is not acquired but the owner‐occupant obtains a replacementhousing
 payment under one of the circumstances described under the heading of“Replacement Housing
 Payments for 180‐day Mobile Home Owner‐Occupants” in this section, the owner is not
 eligible for payment of moving expenses for moving the mobile home, but may be eligible for
 moving personal property fromthe mobile home.
  If a mobile home requires repairs or modifications to enable it to be moved to areplacement site,
 and/or to be made decent, safe, and sanitary, and VTrans determines that it would be
 economically feasible to do so, the reasonable costsof moving the mobile home and making
 such repairs or modifications are reimbursable.



Mobile Home Park Entrance Fee

A nonreturnable mobile home park entrance fee is reimbursable provided it does notexceed the fee at a
comparable mobile home park, if the person is displaced from a mobile home park or VTrans determines
that payment is necessary to accomplish relocation.



Replacement Housing Payments for 180-Day Mobile Home Owner Occupant

A displaced owner‐occupant of a mobile home is entitled to a replacement housing payment not to exceed
$22,500 as explained under the heading of “Amount of TotalPayment” in subpart e, replacement housing
payments (49 C.F.R. § 24), if:



  The person both owned the displacement mobile home and occupied it on thedisplacement site
 for at least 180 days immediately prior to the initiation of negotiations.
  The person meets the other basic eligibility requirements as indicated under theheading of
 “Eligibility” in subpart E, replacement housing payments.
  VTrans acquires the mobile home and/or mobile home site, or the mobile home isnot acquired
 by VTrans, but the owner is displaced because VTrans determines that the mobile home:
 • Is not and cannot economically be made decent, safe, and sanitary; or
 • Cannot be moved without substantial damage or unreasonable cost; or
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 • Cannot be moved because there is no available comparable replacementsite; or
 • Cannot be moved because it does not meet mobile home park entrancerequirements.
 • When the mobile home is not actually acquired and VTrans determines that it is not
 practical to relocate it, the acquisition cost of the displacementdwelling used for the
 purpose of computing the price differential amount shall include the salvage value or
 target‐in value of the mobile home, whichever is higher.

Rental Assistance Payment for 180-day Owner Occupant

If the displacement mobile homeowner-occupant’s site is rented or leased, a displaced person is entitled to
a rental assistance payment computed as described in “Rental Assistance Payment”.This payment may be
used to lease a replacement site, may be applied to the purchaseprice of a replacement site, or may be
applied to the purchase of a replacement mobile home or conventional decent, safe, and sanitary dwelling.

Replacement Housing Payments for 90-day Mobile Home Occupant

A displaced tenant or owner‐occupant of a mobile home is eligible for a replacementhousing payment, not
to exceed $7,200, if:

  The person occupied the displacement mobile home on the displacement site forat least 90 days
 immediately prior to the initiation of negotiations.
  The person meets the other basic eligibility requirements as explained under theheading of
 “Eligibility” in subpart E, replacement housing payments.
  VTrans acquires the mobile home and/or mobile home site, or the mobile home isnot acquired
 by VTrans, but the owner or tenant is displaced from the mobile home because of one of the
 circumstances described under the heading of “Replacement Housing Payments for 180‐day
 Mobile Owner‐Occupants” of thissection.

Additional Rules Governing Relocation Payments to Mobile Home Occupants

Replacement Housing Payment Based on Dwelling and Site

  Both the mobile home and mobile home site must be considered when computing a replacement
 housing payment. For example, a displaced mobile home occupant may have owned the
 displacement mobile home and rented the site or may have rented the displacement mobile
 home and owned the site. Also,a person may elect to purchase a replacement mobile home and
 rent replacementsite. In such cases, the total replacement housing payment shall consist of a
 payment for a dwelling and a payment for a site, each computed under the applicable provisions
 in subpart E, replacement housing payments. However,the total replacement housing payment
 to a person shall not exceed the maximum payment (either $31,000 or $7,200) permitted under
 the applicable section that governs the computation of the dwelling.

Cost of Comparable Replacement Dwelling




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  When computing the amount of a replacement housing payment for a person displaced from a
 mobile home, the cost of a comparable replacement dwelling is the reasonable cost of a
 comparable replacement mobile home, including the site.
  If a comparable replacement mobile home is not available, the replacementhousing payment
 shall be computed based on the reasonable cost of a conventional comparable replacement
 dwelling.
  If VTrans determines that it would be practical to relocate the mobile home and the owner‐
 occupant elects not to move the mobile home, the cost or comparable replacement dwelling for
 purposes of computing the price differential amount isthe sum of:
 • The value of the mobile home.
 • The cost of any necessary repairs or modifications.
 • The estimated cost of moving the mobile home to a replacement site.

Initiation of Negotiations

If the mobile home is not actually acquired, but the occupant is considered displaced under this chapter,
the initiation of negotiations shall be the date of the initiation of negotiations to acquire the land, or, if the
land is not acquired, the date the occupant isnotified in writing that he or she is a displaced person under
this Chapter.

Person Moves Mobile Home

If the owner is reimbursed for the cost of moving the mobile home under this chapter,he or she is not
eligible to receive a replacement housing payment to assist in purchasing or renting a replacement mobile
home. The person may, however, be eligible for assistance in purchasing or renting a replacement site.

Partial Acquisition of Mobile Home Park

The acquisition of a portion of a mobile home park property may leave a remaining partof the property that
is not adequate to continue the operation of the park. If VTrans determines that a mobile home located in
the remaining part of the property must be moved, the owner and tenant shall be considered a displaced
person by the project and entitled to the relocation payments and other assistance in accordance with this
Chapter.

RELOCATION ASSISTANCE – STATE ONLY FUNDED PROJECTS
General

To prescribe policy and procedures for relocation services to those displaced persons located as a result of
State‐only funded transportation programs and projects. Relocation Assistance will be accomplished in
compliance with the appropriate provisions of 19 V.S.A., Chapter 21. An affirmative attitude toward these
provisions will be maintained, and no discrimination will be practiced regardless of sex, age, race,color,
religion, national origin, physical disability, or any other factor as mandated by law.

Definitions

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As used in this section the following words and terms shall have the following meanings:


Eligible person
Any individual, family, business, including the operation of a farm, and nonprofit organization displaced
by construction on any transportation project undertaken byVTrans.

Individual
A person who is not a member of a family.

Family
Two or more persons who are living together in the same quarters.

Business concern
A corporation, partnership, individual or other private entity, engaged in a business orprofessional activity
necessitating tangible property for the carrying on of the businessor profession on the premises.

Moving expense
The cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting,
unloading, reinstalling of personal property, exclusive of the cost of any additions, improvements, or other
physical changes in or to any structure in connectionwith effecting the reinstallation.

Relocation Assistance
VTrans shall pay to eligible persons displaced by construction of a transportation projectundertaken by
VTrans, reasonable and necessary moving expenses caused by their displacement from real property
acquired for these purposes.

Fixed Payments
Instead of paying the actual relocation expenses of individuals and families, the agencymay pay fixed
amounts in accordance with an approved schedule of fixed amounts. The schedule shall be of statewide
application and shall provide for a graduated scale related to the size of the dwelling occupied or some
other uniform equitable method of scaling the payments. The schedule shall indicate whether the
individuals and families are entitled only to fixed amounts or are entitled to claim reimbursement for their
actualmoving expenses or fixed amounts at their election.

Rules
The agency is authorized to promulgate rules consistent with Federal regulations necessary to administer
this section.




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Chapter 8 PROPERTY MANAGEMENT
GENERAL
Authority

23 C.F.R. § 710.201 Manuals

23 C.F.R. § 710 Subpart D (23 C.F.R. 710. §§ 401‐409)

49 C.F.R. § 18.31 Disposals

23 C.F.R. § 1.23(c) Other Uses or Occupancy23 U.S.C. § 111 Interstates

23 C.F.R. § 620 Subpart B Relinquishment of Highway Facilities23 U.S.C. § 156 Proceeds

19 V.S.A. § 26 Purchase and Sale of Property19 V.S.A. § 1706 Limited Access Disposals

Purpose

The Property Management Unit of the Right of Way Section provides orderly, efficient, businesslike
administration, control, maintenance, protection, and management of right of way procedures and
processes, connected with excess real property acquired and improvements thereon. The VTrans is also
responsible for occupancy and rental of improvements thereon.

This Chapter outlines the rules, policies, and procedures to be followed by the VTrans incompliance with
Federal and State laws and 23 C.F.R. § 710 Subpart D (23 C.F.R. 710 §§ 401‐409), as revised, for the
overall management of real property acquired in connectionwith Federal‐aid transportation projects.

This Chapter is in accordance with VTrans policy whereby the Project Delivery Bureau,through its Right
of Way Section shall have responsibility for the acquisition of properties and space required for project
rights of way, and for management of properties and space thus acquired and in excess of project
requirements.

Property Management will be accomplished in compliance with the appropriate provisions of Title VI of
the Civil Rights Act of 1964 including all other pertinent Federal statutes, regulations, and Executive
Orders as revised. An affirmative attitudetoward these provisions will be maintained and no discrimination
will be practiced regardless of race, color, religion, creed, sex, sexual orientation, disability, national origin,
or age, in the sale, rental, lease or managing of VTrans owned properties.

Property Management activities will be accomplished in a manner which will result in the greatest net
credit to the project, consistent with the public interest, and designed toreflect the maximum long‐range
public benefit.

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The following are property management practice requirements:

  Effective communication and coordination among all parties concerned with, oraffecting, right
 of way clearance. In addition to Right of Way Section personnel,it may include the Project
 Manager, Contract Administration, Finance and Administration, and the Construction and
 Maintenance Divisions.
  Businesslike procedures for the inventory, rental, sale, and demolition ofbuildings.
  Adequate records for internal control and to permit review and inspection byadministrative
 personnel to assure proper procedures are being followed.

Organization

Property Management is part of the Acquisition Unit of the VTrans Right of Way Section, and staff is
responsible to the Chief of Acquisition for its efficient operation and procedures.

Operation

In order to set up a working schedule, Property Management, upon receipt of the project list of
improvements form (TA ROW 577) from the Plans and Titles Unit, will start a file for each property owner
possessing disposable structures within the existing and proposed right of way.

The Property Management parcel file backer will eventually contain a real property inventory checklist.
This backer will also contain a certificate of compliance with the smoke detector and carbon monoxide
statute for single family dwellings (9 V.S.A. § 2881), and if applicable, rodent control record, results of
hazardous materials testing, and a copy of the improvement disposal appraisal. This file is kept
chronologically current with the addition of letters, memos, personal contacts, rental applications, leases,
sales, and disposal data. The file will be retained in the Property Managementoffice until the project is
certified as clear; when it is clear, the file is to be inserted intothe appropriate property owner file.

An inventory of disposal structures will be maintained by the Relocation Assistance personnel. This
inventory will include parcel number, owner’s name, type of improvement, disposal value, vacating date,
and method of disposal – that is, by construction or separate contract, owner retention or sale. The inventory
will beinitiated upon receipt of a project’s list of improvements indicated on list of improvements form
(TA ROW 577) and will be kept current on a monthly basis.

Right of Way programming authorization for property management activities must firstbe obtained from
the FHWA if not previously granted. This applies to those projects where federal funds participate in either
construction or acquisition.

When a property is to be vacated, Relocation Assistance will inform Property Management by
memorandum so arrangements can be made to take possession of thekeys and the property. Upon vacating
by the owner/occupant and possession of the property by the State, Property Management will assure that
the premises are inspected, final inventory is taken, and the building is secured. Inspection for rodent
control provisions will also be made, and rodent control record form (TA ROW 654) will be completed.

If weather conditions make it necessary, improvements will be winterized. This consists of shutting off
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water, draining all water tanks and heaters, sink drains, toilets, and heating units using water or steam.
Nontoxic antifreeze will be poured into all drains, traps, and toilets. In the case of complicated furnace
systems or other unusual circumstances, a plumber or heating contractor’s service may be utilized. Action
takenwill be appropriately documented in the property management records.

Any improvement valued at $75,000, or more, should be insured by contacting the Agency of
Administration’s Risk Management Office. A description of the building, itsvalue, and location should be
provided.

Local authorities and the appropriate District Transportation Administrator will benotified of the Agency‘s
official possession of the improvements and request they monitor the premises against vandalism or
unauthorized trespass. A Property Management Agent will monitor the premises on a regular basis

DISPOSAL OF IMPROVEMENTS
Building Disposal Appraisal

The VTrans must acquire all improvements that are located within the proposed right ofway. Should the
owners wish to retain any of these improvements, the Negotiating Agent must establish a building,
improvement, salvage or disposal value that can be used in negotiations with the property owners. This
value is established to:

  Set the minimum value for improvements that are to be advertised for sale bysealed bids.
  Determine the amount for which a property owner may retain his or herimprovement(s) during
 the negotiation phase.

Salvage Value

Salvage value means the probable sale price of an item if offered for sale, on the condition it will be
removed from the property at the buyer’s expense.

Physical Inspection of Improvements

Property Management will assure that an inspection of all improvements is made, and,when necessary, an
inventory of all physical assets taken to describe appropriate itemswithin, or attached to, the improvements.
Care will be exercised to differentiate between items of real and personal property. For other than single
family residences, an inventory of fixtures and appurtenances to be acquired with the structure will be
included in the salvage value estimate.

Determination of Real Estate or Personal Property

The Appraisal Unit usually determines whether an item is personal property or real estate. In some
instances, the above functions may be performed by Right of Way personnel who are working in the
immediate area. This would apply especially to those improvements of obvious little value and in poor
condition such as barns, sheds, and abandoned dwellings, not warranting the time and expense involved in
a special trip for inspection. Pertinent details for disposal value could be obtained from the appraisal report.
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In some cases, during the acquisition of specialty items, which may befound in business, manufacturing
plants and others, an inspection may determine a need for the expertise of a specialist to estimate the value
of these items. The cost of such an estimate is a legitimate project cost. Identification of these items and
determination of their status as real estate or personal property should be made as soon as possible.
Coordination between Acquisition and Appraisal personnel will be necessary in this process. Additionally,
the property owner should be consulted to determine which, if any, of these items may be retained.

Disposal Report

The Property Management Agent using improvement disposal form (TA ROW 609) shall identify the
item(s) for disposal by giving the project name, number, owner(s),location, and brief description of the
improvements, including the existence of any hazardous materials such as asbestos or lead paint. Factors
affecting values will be described in a summary of local economic considerations; that is, the availability
of money, utilities to be moved, costs of labor and machinery, problems created by topography, availability
of land in the immediate or not‐too‐distant vicinity, need for housing, architectural appeal, physical
condition, and necessary permits. Whenever possible, the value of each item will be determined by a
comparative analysis of improvements previously sold at public sale.

When the report is approved by the Right of Way Chief, or his/her designee, the original will be inserted
into the property owner’s file. The duplicate will be insertedinto the Property Management parcel file
backer. This approved value then becomesthe retention and minimum bid value.

In the case of an obvious nominal estimate or zero value, a memo to the Right of WayChief with a brief
description and explanation will suffice. This memo is reviewed by the designated person and when
approved will be distributed in the same manner as the building disposal reports.

Inspection for Hazardous Materials

Except in the case of an original owner retaining the improvement, an inspection of theimprovement must
be made to determine if any hazardous materials exist, such as asbestos and/or lead paint or old buried
petroleum or chemical tanks. A memo should be addressed to the Hazardous Materials & Waste
Coordinator, Maintenance Division to request an inspection; include the project name and number, parcel
number, former owner(s) name, brief description of the buildings, photo, locator map, location of keys,and
proposed disposal method of the building (sale by bid, demolition). The results ofthis inspection are kept
on the property management file backer.

If disposal is by sealed bid or auction the result of hazardous materials inspection must be disclosed in
writing, in the bid advertisement, on the bid form, and at the site when the building is being shown by an
Agent. If lead paint exists, a copy of the most currentEPA brochure entitled “Protect Your Family from
Lead in Your Home” must be provided to the prospective buyers.

If disposal is by demolition contract, the Hazardous Materials and Waste Coordinator must be notified to
determine the need for additional testing. Contract Administration will be provided with copies of the
results of any inspection for hazardous materials atthe time a demolition contract is required.

Methods of Disposal of Improvements

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Improvements acquired within the right of way, when vacated, are the responsibility of Property
Management, and should be removed from the right of way as soon as practicable. The Property
Management Agent is responsible for the preservation of theimprovements and for invoking reasonable
safety measures from the time properties are vacated to the time improvements are disposed of, or removed
under a clearing or construction contract.

Disposal is accomplished by the following five methods:

  Retention by owner
  Sealed bid
  Public auction
  Demolition contract
  Construction contract

Preference is for the voluntary retention and removal by the original property owner.Voluntary retention
provides the property owner the same housing, the structure remains on the tax rolls, and is the least costly
method of disposal.

Retention by Owner

The owner of improvements located on lands being acquired as right of way may be offered the option of
retaining those improvements at the determined retention value.This value will be made available to the
owner during negotiations for the parcel, unless the retention of such improvements is determined to be
inconsistent with the needs of the project, or the owner has indicated no interest in retaining the
improvement(s).

When an owner decides to retain and remove improvements, The Property Management Negotiation Agent
will convey to said owner via bill of sale and/or with other applicable document.

After the retained improvements have been vacated, Property Management Negotiation Agent will
maintain surveillance on the property to assure compliance with the removal date, and to assure that
cleaning, barricading, and other site procedures have been satisfactorily performed. The file will be
properly documented during this process.

Note: A performance bond is not usually required of an owner retaining improvements.

Sealed Bid

When the acquired improvements have been vacated, and the owner elects not to retain, such
improvements may first be offered at the approved retention value to the present occupant (tenant). The
improvements then may be offered to other displaces on the project by the sealed bid procedure, using the
same retention value as the minimumacceptable bid. In the event there is no interest shown by displacees,
the improvementsmay be advertised to the general public by the sealed bid method for sale and removal.

Property Management will determine those improvements to be offered for sale, and will recommend by
memo their disposal to the Right of Way Chief, through the Chief of Acquisition, listing project and
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number, parcel number and property owner name(s), type of building, minimum bid (taken from disposal
report), and proposed dates of advertising, showing property, bid opening date and removal date.

Upon receipt of approval from the Right of Way Chief, a brief description of each improvement is made
and incorporated into a form suitable for newspaper ad, under the heading of “Sale and Removal of
Buildings.” This will incorporate details of the sale, such as location of property, time, and method of
showing the improvements, timeand place of bid opening, minimum bids, and presence of asbestos, lead
paint or other defects.

The advertisement will be run for a minimum of three days in a daily paper of generalcirculation in the
area whenever practicable. The date of showing the property will be at least ten days prior to the bid
opening. In the case of a weekly newspaper, the advertisement will be inserted only once.

In the event the improvements to be offered for sale are leased or occupied at the timeof sale, the occupant
will be notified by letter, giving dates of showing and sale, and informing him or her that he or she may be
inconvenienced by prospective purchaserslooking at improvements.

At the time of showing the property to prospective buyers, the Property ManagementNegotiation Agent or
other assigned Right of Way staff will accompany all interestedbuyers for actual inspection of the premises.
Prospects will not be given keys to buildings or allowed to inspect the premises unaccompanied.

As a general rule, where the costs of selling improvements far exceeds the credit to be realized, such
improvements may be entered into the construction contract as demolition items. The parcel file should
contain the factors considered by the VTrans inmaking this decision.

Bid Packages

Bid packages are prepared for distribution to prospective bidders. These will contain sale and removal of
building information (as in advertisement), maps, bid form (TA ROW 547), terms of sale form (TA ROW
523), results of hazardous materials testing, and lead paint brochure (if applicable), a suitable envelope,
addressed to VTrans, Rightof Way, and stamped “SEALED PROPOSAL.” The ad and bid form must state
what hazardous materials are present.

Property Management Negotiation Agent maintains a list of all those who indicate an interest in surplus
State property. Bid packages are mailed to these people. A supply ofbid packages is taken to the area for
distribution at the time of showing, and to the office of the District Transportation Administrator. Bid
packages may also be left at a Right of Way Field Office if one is operating in the area.

Bid Procedures

As the Right of Way Section receives sealed bids, they are logged in, properly identified,and kept in the
safe at the Right of Way office until deposit checks are returned or processed. Sealed bids are handled
according to the following procedures:

  No improvement will be sold until it is completely vacated.


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  Just prior to bid opening, contact will be made with the District Transportation Administrator,
 Secretary of Transportation’s Office, the Right of Way Chief, andVTrans mail room to assure
 no bids are overlooked.
  At bid opening, the bid opening record form (TA ROW 520) is prepared and is filled in as the
 bids are opened. Bids will be opened by the Right of Way Chief,Chief of Acquisition, and/or
 Property Management Officer. In addition to the bid opener, at least two other witnesses should
 be present. Bids will not be accepted, directly or indirectly, from employees of the Agency or
 their immediate families.

Sealed bids received prior to the bid opening and at the place of bid opening, will be accepted and
considered. Bids received after the bid opening has started will be returned immediately to the bidder,
unopened.

A bid opening may be postponed only in the event of a bona fide emergency and withthe approval of the
Right of Way Chief or Chief of Acquisition.

A memo is prepared for the Secretary of Transportation via the Highway Division Director/Chief Engineer
from the Right of Way Chief, listing information relative to location and time of bid opening, type of
structure, parcel or item number, bidders and bids received, minimum bid required, personnel and bidders
present at the bid opening, and a recommendation as to disposal of the property in the best interest of the
general public. This memo also contains space at the bottom for the Secretary of Transportation’s approval,
and date of approval. A copy of the notice of sale and a copy of the bid opening record are attached to the
above memo.

Photocopies of deposit checks received and original bids are kept in the Property Management files.
Original checks are to be held in the safe until returned to unsuccessful bidders or, in the case of accepted
bids, until the bill of sale is signed.Refer to Payment and Conveyance later in this chapter.

After the bid(s) are approved and accepted, a certified letter of notification is sent to thesuccessful bidder(s)
requesting balance of purchase price. Certified letters are also sentto unsuccessful bidders acknowledging
their bids, giving them the results of the bidding, and returning their deposits or deposit checks.

After receipt of the above, a bill of sale is prepared and approved as to form by the AG’sOffice. The
original is forwarded via the Director of Technical Services for the Secretaryof Transportation’s approval
and signature.

Upon receipt of the balance of payment and a performance bond or certified check in lieu of bond, if
required, the original bill of sale signed by the Secretary of Transportation, is forwarded to the purchaser
by certified mail. One copy of the bill ofsale is kept in the Property Management file, and one copy is
forwarded to the Right ofWay Administrative Assistant with appropriate explanation.

A periodic check shall be made on the progress of removing improvements. In some cases, removal cannot
be accomplished within the time limit specified on the bill of sale.If an extension of time is required, the
request must be in writing, stating the reason for the request and the amount of time required. Depending
upon the construction schedule, this may be granted or denied by the Right of Way Chief. When requests
for an extension are made by the purchaser, care must be taken to assure continued coverage by the

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performance bond. Coverage is only to the date specified. Beyond thatdate it becomes null and void.
Letters granting extensions of the removal date must be sent certified, with a copy to the bonding company.

When informed by the purchaser that all improvements have been removed and the sitecleared a field
inspection shall be made to see that the premises have been left in a reasonably neat and safe condition and
cellar holes are filled or barricaded in compliance with the terms of sale. When all previously stated
conditions are met, the contract bond (or check, if given in lieu of a bond) shall be returned to the purchaser.

When no bids are received for improvements that have been advertised for sale, these improvements may
be sold through negotiations with any interested parties. In these sales the full amount of the purchase price
must accompany the proposal to buy.

Public Auction

In those instances, when the property is to be disposed of through auction sale (seldomused by the VTrans),
it is the responsibility of Property Management Negotiation Agentto supervise all details involved therein.
This includes the employment of a licensed auctioneer, advertisements, the actual sale and aligning of the
sale proposal, as well as all financial arrangements. The sealed bid system is preferred over the public
auction method. The sealed bid system is used almost exclusively in the disposal of surplus buildings.

Demolition by Contract

When there is no reasonable probability that acquired improvements can be disposed ofthrough public bid
or negotiated sale, these improvements should be disposed of by demolition contract. A memo to Contract
Administration is prepared, with a copy to the Hazardous Material and Waste Coordinator requesting
demolition. Copies of the results of the hazardous materials testing should accompany this memo.

Clearing by Pre-Construction Demolition Contract

Acquired improvements should be removed from the right of way under a clearing demolition contract as
soon as practicable after vacating the property, and when it is inthe public interest because of health, safety,
aesthetics, neighborhood preservation, or environmental factors. This method will be utilized only when
the construction contract letting date is uncertain and immediate approval of a demolition contract is
requested by memo listing reasons and estimated cost of demolition. This type of contract is administered
by the Contract Administration Office and is chargeable as a right of way cost.

Construction Contract

All improvements not removed from the right of way when the right of way clearance certificate is
requested for PS & E, will be entered into the construction contract as demolitions items. These items are
chargeable as construction costs.

Disposal of State-Owned Last-Resort Housing Units

It is not usual procedure for the State to retain title to last resort housing units. In the event title is retained
by the State after the three and a half year tenant occupancy entitlement period has elapsed, and disposal
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is desirable, these units will be offered initially to Federal, State or local governmental agencies for public
housing purposes. Ifdisposal by this means is rejected, these units will be offered for public bid.

Vermont Mobile Home Uniform Bill of Sale

In the event a mobile home is acquired by the VTrans and subsequently sold, the properform must be
completed.

In accordance with 9 V.S.A. § 2602, an owner of a mobile home may not sell the home without a Vermont
mobile home uniform bill of sale endorsed by the clerk of the municipality in which it is located, indicating
that all real and personal property taxesassessed against the owner have been paid. A sample blank form
and instructions areavailable in the Property Management Unit.

The buyer of the mobile home should be advised to contact the Department of Motor Vehicles (DMV),
Oversize Permits Section, for a permit and approved route and/or anyother requirements. There are other
requirements, which DMV personnel can explain.

The VTrans standard document, “Bill of Sale,” must also be prepared and signed by the Secretary of
Transportation when selling a mobile home.

RENTAL OF STATE-OWNED PROPERTY
Rental Policy for Improved Properties

It is general policy of the VTrans to dispose of all improvements when vacated in an expeditious manner.
This usually precludes renting to other than the former occupants.This method results in an orderly process
of removal; as well as enabling Property Management to have more control over clearance of the project
on schedule. In addition, experience in renting has shown a number of problems can arise, such as trying
to collect delinquent rent monies, the difficulty in vacating the premises, the general lack of upkeep and
repair of improvements and the difficulty of instituting eviction proceedings. It is believed that the sale
and removal of improvements results in a greater benefit to the project than rentals.

Any structure that contains levels of materials deemed hazardous will not be rented to occupants.

Whenever it appears that properties may continue to be occupied by the original occupant after the
established vacating date, normally a minimum of 90 days after titlepasses to the State, a rental agreement
is made with the occupant of the improvements.

Scheduled project clearance or construction may permit renting for short periods. A rental period may be
necessary to provide adequate time for the occupant to locate orprepare adequate replacement housing or
a suitable new location.

Smoke Detector and Carbon Monoxide Detector Devices

It is the intent of the VTrans to install smoke detection in VTrans owned dwellings withinthe right of way,
which will be rented in the interim period before the commencement of construction, and in occupied
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dwellings under the 90‐day free occupancy period.

Smoke detection/carbon monoxide detection devices will not be required in buildings tobe demolished.
Installation shall be in accordance with the State Department of Labor and Industry.

A provision in the lease agreement shall provide that all smoke detection devices are apart of the real estate
and shall be surrendered intact upon vacating the premises. All devices shall be removed for storage and
future use upon vacating of the premises.

Purchase and installation of smoke detector devices may be reimbursed as a participating project cost or
charged as a Property Management expense. Informationon purchases can be obtained through the VTrans
Business and Support Services Business Manager.

Rental Procedures

When the decision is made to rent a property, an advertisement listing available rentalsmay be inserted in
newspaper(s) of general circulation in the area.

Rental Application

All parties interested in renting VTrans property must request such rental in writing, which will be
submitted to Property Management Negotiation Agent. Rental requestsmay be waived when premises are
leased to the original occupants.

The Property Management Negotiation Agent will review all requests as to validity,and qualifications of
prospective renters.

All prospective renters will be personally interviewed, and their present premises inspected when possible.
References will be checked, including the credit rating. Whenconsidered necessary, employers may be
interviewed.

The terms of the lease will be explained to the prospective renter during this interview. The insurance
requirements, amount of rent, taxes, and VTrans policy that requires at least one month’s rent to be held in
escrow until termination of the rental, responsibilityfor maintenance, utilities, upkeep of the premises, and
any other noteworthy provisionswill be carefully explained.

Rental Approval

19 V.S.A. § 26, authorizes the VTrans to lease any land and/or building no longer necessary for
transportation purposes. 19 V.S.A. § 1706, authorizes the VTrans, with approval of the Governor, to lease
properties acquired in connection with limited access facilities that are no longer necessary for
transportation purposes. Office memorandums are submitted to the Directors of Project Delivery,
Planning, and Maintenance to ascertain if other sections, divisions, or districts within the VTrans have any
reasons why the property involved should or should not be leased.

Included in, or with this memorandum will be a copy of the lease application, proposeduse, plat when
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available, structural plans, landscaping plans, and any other necessary information relative to its use.

A minimum of 10 days will be allowed for this determination to be made, after whichthe memorandum
will be forwarded to the Secretary of Transportation for approval.

Amount of Rental

Rental costs will be established by Property Management Negotiation Agent based oncurrent market rental
rates in the community for similar type property, and with consideration given to limited month‐to‐month
lease, rented on an “as is” basis, valueand conditions of property, as well as other applicable terms of the
lease. The amount of rent required shall not exceed the fair rental value of the property to short‐term
occupiers.

This information and the established rental cost will be documented in the appropriateproperty management
file.

Agreement of Lease (23 CFR 710)

When a lease application is found acceptable, the agreement of lease is drawn up. A statement that the
lessee will not be entitled to relocation assistance payments upon termination of lease will be included in
the lease, except in cases of owners and/or tenants who are leasing their former homes fromthe VTrans
prior to relocation.

The agreement of lease is forwarded to the AG’s Office for approval as to legal form,prior to execution by
lessee(s) and the VTrans.

Copies of the executed lease are distributed as follows:

  One copy is forwarded to the lessee for his or her records
  Original copy for the property management file.
  One copy to the Financial Management Section and the property owner file.

Leases for Less than Prevailing Area Market Prices

The following sections of 19 V.S.A. § 26a pertain to certain leases under the jurisdictionof the Secretary
of Transportation:

 (a) Except as otherwise provided by 23 C.F.R. § 710.409 or as otherwise providedby law, leases or
 licenses negotiated by the Agency under 5 V.S.A. §§ 204, 3405, and 26 of this title ordinarily
 shall require the payment of fair market value rent, as determined by the prevailing area market
 prices for comparable space or property. However, the Agency may lease or license state‐
 owned property under its jurisdiction for less than fair market value when the agency
 determinesthat the proposed occupancy or use serves a public purpose or that there exist other
 relevant factors, such as prior course of dealing between the parties, that justify setting rent at
 less than fair market value.

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These leases may contain the following clause which allows for automatic renewals:

“Upon expiration of the initial three‐year term, this lease will automatically be renewed from year to year
until the LESSEE or LESSOR gives notice of intent notto renew. This lease agreement shall be subject to
review at the end of each termrelative to possible changes in terms and conditions.”

Procedure for Airspace Leases

Airspace is the space located above, at, or below the transportation project’s establishedgrade line, lying
within the approved right of way limits for transportation projects, on the Federal‐aid system.

Where VTrans acquired sufficient legal (fee) title in the right of way to permit the use ofcertain airspace
for non‐highway purposes, and where such airspace is not required now or in the foreseeable future for the
safe and proper operation and maintenance of the transportation facility, the right to temporary or
permanent occupancy or use of such airspace may be granted by the VTrans with a properly executed
airspace lease agreement.

Management of Airspace Leases on Interstate System

All non‐highway use of airspace shall be covered by a properly executed airspace agreement in
conformance with 23 C.F.R. § 710.407.

The airspace agreement must be approved in the proper legal form by the AG’s Office.

The proposed airspace lease agreement, along with related material, will be forwardedto the FHWA for
approval before being executed by the VTrans. Included with the agreement will be a copy of the
applicant’s request for lease, proposed use, plans of the structure, landscaping plans, and any other
necessary information relative to its use. Atransmittal letter will include the general statements found under
the heading of “Federal Highway Administration Approval to Dispose” found on pages 8‐218 and 8‐219.

Net rental income derived from these agreements shall accrue to the State to bedeposited into an income
account dedicated for Title 23 highway programs in compliance with, 23 U.S.C. § 156.

In addition, a completed CE evaluation is sent to FHWA for approval.

Management of Airspace Leases Not on Interstate System

All non‐highway use of airspace shall be covered by a properly executed airspace lease agreement in
conformance with 23 C.F.R. § 710.407.

The airspace lease agreement must be approved in legal form by the Assistant AG.

A completed CE evaluation within the provisions of 23 C.F.R. § 771, will be forwardedto the FHWA for
approval with a copy of the proposed airspace lease agreement.

All rental receipts and a copy of the lease will be forwarded to VTrans Finance and Administration
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Division. Property Management will be responsible for the setup of thelease in the right of way lease
database, notifying the billing unit of frequency of billingand rental amount to be billed. Net rental income
derived from these agreements shall accrue to the VTrans to be deposited into an income account dedicated
for the Title 23 Highway Programs only.

If collections of delinquent rents are unsuccessful, Property Management may request eviction and
enforcement action by the Maintenance Division and/or by filing a notice of encroachment in the
appropriate land records.

Management of Lease Agreements for Improvements

Periodic general inspection of leased improvements will be conducted by Property Management personnel
or other designated personnel to assure they are being maintained in a satisfactory manner, and the terms
of the agreement are being followed.

Lease Control

The lease is generally mailed to the lessee by Property Management Negotiation Agentfor review and
signature. At this time, the initial rental money will be requested in accordance with the terms of the lease.

All rental receipts shall be forwarded to the Financial Specialist. Property Managementwill be responsible
for the collection of the initial rental monies. Those receipts shall be deposited to Title 23 accounts by
coding 1800 (Acquisition‐Rentals, Participating) by theFinancial Specialist on form TA ROW 243 (yellow
sheets). Those funds not required to be used for Title 23 eligible projects will be function‐coded 1800
(Acquisition‐Rentals, Non‐Participating). The State’s share can be deposited to State’s transportation
funds. After the initial rental receipts; all payments go to the Finance & Administration Division.

All leases in excess of one‐year duration will be recorded in the appropriate land records. Recording fees,
if any, shall be paid by lessee. A memorandum of lease agreement may be recorded in lieu of the lease
agreement with the provision that thememorandum state where a copy of the lease agreement may be
obtained.

Major emergency repairs may be made by the VTrans, but only when it has been determined necessary to
maintain utility service and to protect the property. A full explanation of the deed for the emergency repairs
will be documented and approved by the Right of Way Chief, before the expense is incurred. Any
expenditure incurred will be charged to the Property Management function.

Upon termination of the lease, arrangements should be made to inspect and assure thatall utilities are
disconnected, and the property is secured at the time the lessee vacates the property. The Financial
Management Section will be notified when a lease has beenterminated and when all conditions of the lease
have been satisfied, so the deposit held in escrow may be returned.

Property Management Negotiation Agent will maintain an inventory of all airspaceagreements authorized
and will maintain a file on each lease. It will include, at minimum, the location, authorized user, adequate
description of the leased property,and a copy of the executed airspace agreement.


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DISPOSAL OF SURPLUS REAL PROPERTY
Responsibilities

Property Management is responsible for an orderly, efficient disposal of all excess realproperty no longer
required for transportation purposes, except relinquishments of highway facilities for continued use for
transportation purposes.

Excess Property Inventory

An inventory of potential excess property not needed for transportation purposes is maintained by the
Property Management Unit. This inventory lists real property thatmay be considered available for disposal
in accordance with established laws, policy,and procedures. This inventory describes each parcel, title
acquired, type of conveyance, State and/or Federal funding, plus any other pertinent information.

Property Management will make recommendations as to real property under its jurisdiction which is
believed to be in excess of the VTrans needs and will requestnecessary approvals to proceed with disposal.

Inspection of Excess Property

Prior to preparation of the memoranda requesting authorizations to proceed with disposal, Property
Management shall make a field inspection of the parcel to determine exact location, topography,
accessibility, boundary lines, present and/or potential use, zoning regulations, availability of water and
electric power and telephone, and any information about abutting parcels that may be of the value in
disposing of the parcel. Assistance in compiling the above information may be obtained from the local
municipal clerk, municipal land records, grand list, and abutting property owners.

If a prior use, such as a maintenance or storage facility dictates the need for hazardousmaterials testing a
request should be sent to the Hazardous Materials and Waste Coordinator, Maintenance Division. See
“Inspection for Hazardous Materials” located in Chapter 8.

Upon approval of the Secretary of Transportation to dispose of a parcel subject to FHWA regulation, The
Property Management Unit requests the Environmental Permitting Section of the Project Delivery Bureau
to complete a CE evaluation. The CE shall be transmitted to FHWA for approval prior to disposal.

If a field inspection and other information reveal an encroachment on VTrans owned land, the following
guidelines should be used (approved March 7, 1990, by Secretary ofTransportation).

  It is the policy of VTrans to require removal of encroachments; priority is onproperty owned in
 fee.
  VTrans may allow encroachments that do not impact safety provided:
 • The VTrans owns the property in fee.
 • The use is authorized by lease.
 • Market value compensation is received.
 • The use is for a fixed term.
 • A VTrans highway permit application is received.
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 • Encroachment does not consist of a sign or other form of advertising.
 • The use has no significant environmental impacts.

If the VTrans determines that the encroached property is not needed or expected to be needed for
transportation purposes, the VTrans may recommend to the Secretary of Transportation that the property
be disposed of at fair market value. Conveyances will be made in accordance with the current Agency
Policy and Procedures Manual, and other pertinent State and Federal law, rules, and regulations.

Vermont Statutory Authority for Disposal of Excess Property

19 V.S.A. § 26 authorizes the VTrans to sell and convey land and/or buildings under its jurisdiction and
control no longer deemed necessary or desirable for transportation purposes. Chapter 17, § 1706a or Title
19, V.S.A., authorizes the VTrans, with approval by the Governor, to sell and convey property acquired in
connection with limited accessfacilities that are no longer necessary for transportation purposes.

If a project is not constructed, the land acquired for highway purposes and disposed of within six years of
the date of its acquisition must first be offered to the former owner, his or her heirs and assigns in
accordance with 19 V.S.A. § 31, unless the right is waivedby said owner.

Office memoranda are submitted to the Directors of Program Development (includingthe Environmental
Permitting Section), Policy & Planning, and Operations to ascertainif other areas within the VTrans have
any need for, or interest in, the parcel and the feasibility of disposal.

Included in this memorandum will be the project, parcel, number, locator map, photos,property description,
title sources, and the State’s interest in the parcel. Any other information that may be included in highway
plans, when available, should also accompany the request.

A minimum of ten days will be allowed for this determination to be made, after which the memorandum
will be forwarded to the Secretary of Transportation via the HighwayDivision Director/Chief Engineer,
with a recommendation to approve or retain.

Value of Excess Property (23 CFR 710.409)

In anticipation of the disposal of excess property a determination is made as to the type of valuation that
may be required by Property Management Agent, Chief of Acquisition, and the Chief of Appraisal. When
necessary, the disposal must meet FHWA requirements. Either a value will be determined by the waiver
valuation process or a formal appraisal. In certain circumstances, the Chief of Appraisal may, at his or her
discretion, require a formal appraisal of the property from the Appraisal Unit. Caution should be exercised
to fit the cost and formality of the appraisal to the value and character of the property.

In instances where the surplus of existing right of way is requested by an abutting owner or not subject to
a public bid sale, VTrans may require the abutter to enter into a formal agreement for recovery of consultant
appraiser expenses, or request the owner toobtain their own appraisal by using the Agencies approved
consultant appraiser list.

If market value is estimated to meet the waiver valuation process, PropertyManagement may perform a
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detailed market analysis to determine a value.

All value findings will be in writing, subject to the approval of the Chief of Acquisition,and documented
in the property management files.

In cases where an adjoining owner makes a request to acquire VTrans property in whichthere was Federal‐
aid assistance when purchased for transportation related purposes, the estimate of value will be prepared
on the basis of the value the property will contribute to the abutter’s property.

An exception occurs when the property is considered to be an economic and marketableunit by itself and,
as such, has a highest and best use which would command a greater value than it would have to the abutter.
In this instance, the value estimate will be based on the higher and better use of the property.

Disposals/Leases At Less Than Fair Market Value

23 CFR § 710.403 (d e) (1), 710.409 (d) provide for disposal and lease of real property at less than fair
market value (FMV). Decisions to allow a gratis disposal/lease must be guided by economic soundness
given a parcel's current and future market value, potential future use, and its acquisition cost.

The following criteria govern the disposal or lease of VTrans property at less than FMV:

Eligible Uses:

 12. Public interest for social, environmental or economic purposes inclusive of parks,
 conservation, recreational or related purposes.
 13. Public transportation uses under 23 U.S.C. 42(f).
 14. Public utility use in accordance with 23 C.F.R. § 646.
 15. Bikeway and pedestrian walkway use in accordance with 23 C.F.R. § 652.
 16. Transportation project use eligible for assistance under Title 23 of the United
 States Code.
 17. Requirements:
 18. The FMV waiver request is in writing, signed by a duly authorized party.
 19. An applicant's comprehensive plan or equivalent document considers the
 property's use and allocates funds for project completion.
 20. An applicant satisfactorily demonstrates why there are no feasible or practical
 alternatives to the use of VTrans-controlled real property.
 21. Federal approval (when property was acquired with Federal-aid project funds).
 22. Approved by VTrans ROW section
 23. In conformity with state law and regulation.
 24. If disposal for less than FMV, a deed restriction provides for ownership reversion
 to VTrans for failure by the grantee/tenant to continue public ownership and use of
 the property (See 23 C.F.R. § 710.409 (d)). FMV disposals are not subject to this
 deed restriction.
 25. Grantee's/tenant's reimbursement of the cost of processing, document preparation
 and filing associated with FMV waiver requests.


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Processing requests for transfer at less than FMV is a responsibility of the Property Management Section.

Procedures to Dispose of Excess Property

FHWA Approval Required

The FHWA must grant approval for all requests to dispose of excess property, reference 23 C.F.R. §
710.409, on the interstate system and on other property disposals at less than fair market value where
Federal‐aid transportation funds were involved in either acquisition or project construction. In addition to
plans that show construction limits on the affected property, and attachments circulated by VTrans office
memorandum, a request for approval to dispose, including disposals at less than fair market value, should
address the following areas:

  Parcels with a present or potential use for parks, conservation, recreational orrelated purposes
 will first be offered to all appropriate federal, state, and localagencies.
  The disposal properties were acquired as part of the right of way, but the need for these parcels
 no longer exists, and will not be needed for highway purposes in the foreseeable future, and the
 land retained is adequate for the requirementsof the highway. The right of way being retained is
 adequate under present day standards for the type of facility involved, and the release of the
 parcels will notadversely affect the Federal‐aid highway or the capacity or safety of the traffic
 thereon.
  The disposal parcels are not suitable for retention in order to restore, preserve, orimprove the
 scenic beauty adjacent to the highway, consonant with the intent of Title III of the Highway
 Beautification Act of 1965, nor will their disposal adversely affect such scenic beauty.
  A completed CE review will be submitted for FHWA approval.
  It is anticipated that the disposal parcels will be advertised and offered for sale tothe general
 public by sealed bid, if not otherwise transferred or conveyed in the interim period.
  Where disposal involves an easement for highway purposes only, and the interest is obviously
 of nominal value, it will be conveyed to the fee holder for fair market value as determined by
 the normal procedure of valuation and if theproject is a current, open project.
  Where Federal funds participated in the original acquisition, proper credit to theproject if open
 will be made where applicable or credited to Title 23 Federal funds account.
  Where Federal funds participated in the original acquisition, and the original project is closed,
 net receipt derived from the sale shall accrue to VTrans to be deposited into an income account
 dedicated for Title 23 Highway Programs only.
  VTrans will review proposals for non-highway use or disposal of ROW as they arise and decide
 on a case by basis.
  For disposals at less than fair market value the request will be considered if in the overall public
 interest based on social, environmental, or economic benefits, or is for a nonproprietary
 governmental use and other uses as stipulated in 23 C.F.R. 710.403(e). Cities, towns, or
 individuals may request disposal at less than FMV by submitting a written request to VTrans.
 VTrans will determine if the property is eligible for disposal, and then confirm whether it meets
 guidelines for disposal at less than FMV. If so, the request will be sent to the FHWA ROW
 Program Manager for approval.
 • The written request must include:
 • The property/ parcels requested for disposal at less than FMV

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 • The current use and the proposed future use of the property
 • A few sentences explaining how the proposed future use of the property meets
 23 CFR 710 403(e), for example: This property will be developed into
 housing, with more than 20% being affordable housing, and include a common
 area for gathering outdoors as well as a bike and pedestrian pathway running
 though the property, both of which will be available for public use. The
 development of this currently undeveloped parcel will add housing and public
 access in a city with a need for housing, which is in the best economic interest
 of the public.
 • The request must include the acknowledgement of a reversion clause that
 states if the property is not developed as described in their request, the
 property reverts back to VTrans ownership or restriction.

FHWA Approval Not Required

FHWA approval is not required for disposal of properties from projects where no Federal funds were used
in acquisition or construction. The FHWA has delegated tothe Secretary of Transportation the authority to
dispose of non‐interstate excess property at or above fair market value.

All disposal revenue shall be deposited to Title 23 accounts if Federal funds were involved. Those funds
not required to be used for Title 23 eligible projects the instrument of conveyance will contain appropriate
provisions of VTrans Title VI civilrights assurances and 49 C.F.R. § 21.

Reconveyance Rights

In accordance with 19 V.S.A § 31, the former owner is given written notice by certified mail of his or her
right to repurchase a property for the price at which it was acquired plus interest at the rate of 6% per
annum and is allowed 60 days to complete the purchase. The owner is given 30 days from receipt of notice
to indicate to the VTrans their intent to reacquire. Upon receipt of intent to reacquire, Property
Management willrequest necessary documents, collect the purchase price, and take appropriate steps to
complete the conveyance.

When the former owner does not wish to repurchase, he or she is requested to sign a waiver to that effect,
if such a waiver has not previously been signed. Waivers will be in triplicate, executed copies to be
distributed as follow: original to property owner’s file, duplicate to property owner, triplicate to property
management file.

State Agencies

After approval by the FHWA, but before real property is offered for disposal to local agencies or the
general public, an inquiry will be submitted by Property Management tothe Department of Building and
General Services to act as a clearing house on behalf of other State agencies, to determine if other State
agencies have a need for, or interest in, the property. This is especially important when there is an indication
that the property has a present or potential use for parks, conservation, recreation, or similar related
purposes.


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An appropriate description of the property will be forwarded, together with its location,plans, and other
details that may be relevant, including the appraised value, if available.A 15‐day time period will be given
to indicate a need for, or refusal of, the property.

If an agency desires to acquire the property, Property Management will institute proceedings for
conveyance, generally by Executive Order. This type of transfer mayinvolve payment to the VTrans, and
deposit to Title 23 account may be necessary.

Local Agencies

If other State agencies do not express an interest in the property to be sold, it is then offered to the
appropriate town, municipality, or instrumentality where the property islocated. They will be given a 15‐
day period to indicate a need for the property and its intended use. If they indicate a desire to acquire the
property, Property Management will proceed to convey it by quitclaim deed.

All conveyances of property to local jurisdictions for highway or transportation use orother public uses
will be for one dollar ($1.00) but will include a clause that stipulates that if the intended use ceases, title
will revert to the State. All other conveyances to local jurisdictions will be made for fair market value.

Survey

VTrans is required to have a survey prepared of a surplus parcel to be sold, if the highway plans are dated
July 1, 1998, or later. Property Management will determine when to request a survey. This will be prior to
the public bid process, or when the purchaser has agreed in writing to the terms of sale by quitclaim deed
for its stated market value or reconveyance price. Property Management will request a survey andprepare
a package containing the following documents:

  Locator map.
  Full size plan sheets showing surplus parcel.
  Instrument by which the State acquired title and any other instrument pertainingto the Agency’s
 title, such as relinquishment, a Condemnation Order or a notice of hearing.

Surveying Responsibilities

VTrans Survey Unit may do the work, or the services of a private surveyor may be acquired. When a
prospective buyer initiates the purchase of state property, they will be required to retain the services of a
surveyor. Property Management will provide thenecessary information to the property owner or surveyor.
The prospective buyer mustagree in writing to the following:

  Provide to Property Management for review no later than ten days prior to theclosing date, a
 satisfactory Mylar of the premises which:
 • is prepared by a registered land surveyor;
 • is suitable in all respects for recording in the Land Records;
 • contains a certification by said registered land surveyor as to the actualland area
 comprising the premises;

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 • provides a description of the premises by courses, distances, and offsetsconsistent with
 and referring to the project plan.
  The buyer must agree to indemnify the State for all loss, cost, damage and expense (including
 reasonable attorney’s fees and expenses) arising in any wayout of the presence or activities
 upon the premises by the buyer, registered landsurveyor or the agents, servants, employees or
 contractors of the same, or by others.

Sealed Bids

When the above state or local agencies elect not to acquire a property, it should beoffered for sale to the
general public by sealed bids.

The procedures for sale of real property by sealed bids are outlined in this Chapter. Under no circumstances
will this property by sold to any VTrans employee directly or indirectly. A thorough but brief description
of each property is made and incorporatedin a form suitable for a newspaper ad, under the heading of “Sale
of Land” or “Sale of Land and Building(s).” This will incorporate other details of the sale, such as location
ofproperty, photo when desirable, zoning, time and method, of showing the property, time, and place of
bid opening, minimum bids, or the presence of any hazardous materials.

Bid packages prepared for distribution to prospective bidders will contain “Sale of Landand/or Building(s)”
(as in advertisement), bid form with attached terms of sale, results of hazardous materials testing, and lead
paint brochure, if applicable. This information will include a suitable envelope addressed to VTrans, Right
of Way Section, and stamped “SEALED PROPOSAL.”



Those properties not sold in the original offering for sale by sealed bid may be re‐ advertised for public
sale for an acceptance of any reasonable offer. Properties still not disposed of in this manner may then be
sold through negotiations with any interested party. A negotiated amount or acceptance of an offer by
public sale that is substantially less than the original minimum bid figure requires the approval of the Right
of WayChief.

In the event an excess property is bordered on all sides by lands of a single owner, andthe property can be
reasonably expected to have potential economic use for the owner,negotiation for sale may be instituted
directly with the owner on the basis of an estimated or appraised value of the excess parcel.

Disposal of excess parcels may, in some instances, be made by negotiating for the exchange or substitution
of such parcels for areas needed for rights of way or relateduse in connection with transportation facilities.
The parcels involved should be approximately equal value, and the exchange in the best interests of the
State.

Payment and Conveyance

All money received from the sale of property must be by cashiers or certified check. Upon receipt of
check(s) for purchase of land and/or improvements, Property Management will make a photocopy of the
check with pertinent information for the Property Management file, and forward the original check, by
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memorandum, to the Right of Way Administrative Assistant for safekeeping until it can be transmitted to
the Financial Management Division of the VTrans. A copy of this memorandum will be kept in the
Property Management file.

Bill of Sale and/or Deeds

When the duly executed instrument is received by Property Management, and after fullpayment has been
made, and bond furnished if necessary, Property Management will forward a copy, with pertinent
information to the Administrative Assistant for transmittal by memorandum to the Financial Management
Division.

Conveyance Documents

Property Management may request assistance in the preparation of required documents. Instruments are
approved as to legal form by the Assistant AG prior tobeing returned to Property Management.

When property acquired with Federal fund participation is conveyed for highway or transportation
purposes at no charge, or the nominal sum of $1.00, the instrument of conveyance shall contain appropriate
provisions relative to the State’s Title 6 assuranceswith respect to the Civil Rights Act of 1964 and the
Department of Transportation Regulations (49 C.F.R. § 21). The instrument of conveyance shall be by
quit‐claim and contain a reversionary clause whereby title to the property will be returned to the VTrans
on abandonment of highway and/or public use. The instrument shall also contain a clause excepting any
and all easements or restrictions presently existing or ofrecord. Limited access property transfers require
the Governor’s signature on the instrument of conveyance.

Property Management will prepare the memorandum for the Secretary of Transportation’s signature and
attach the instruments of conveyance that require theGovernor’s approval.

Vermont Property Transfer Return

Upon receipt of the executed document, Property Management will forward a copy tothe Grantee, together
with the Vermont Property Transfer Tax Return for the grantee’ssignature and transfer tax due, if any.

Recording

Upon receipt from the Grantee of the signed Vermont Property Transfer Tax Return, thetaxes due and a
check in the amount of the sale, the Property Management Unit will forward these with the deed and survey
plat to the Administration Unit to be sent to the appropriate municipal clerk for recording. The
Administration Unit will also forward acopy of the executed instrument of conveyance to the Secretary of
State’s office. The original recorded document of conveyance will be transmitted to the grantee.

Right of Way Plans and Inventory Records

In the absence of a survey, or a conveyance “on‐project”, a copy of the executed conveyance document
will be provided to Plans and Titles by Property Management forthe purpose of updating the title record
and/or plans.
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District Transportation Administrator

The District Transportation Administrator, in whose district the property is located, willreceive a copy of
the fully executed recorded deed and plat for district files.

Archiving

The completed property management file indexed and scanned will be sent to Public Records on project
closeout or when sufficient documents accrue.

Revenues

Revenues from the sale, lease, licensing, or rental of property acquired with Federal participation will be
deposited in a receipt account dedicated to the funding of eligibletransportation projects as defined by 23
U.S.C. All revenues are sent to and managed by Finance and Administration with no actual credit to Federal
funds.

DEMOLITION COST ESTIMATES
Property Management is responsible for demolition cost estimates included in the Rightof Way preliminary
cost estimate for proposed projects and/or line studies. This includes all structures that may be acquired in
connection with any future project.

The improvements should be inspected on site, and notes taken as to size, building material, number of
rooms or apartments, condition, and other data that may be neededin estimating demolition costs.

Photographs of all improvements shall be obtained by Property Management to assist in estimating costs.
In some cases, where on‐site inspection is not feasible, photos alonecan be utilized to make the estimates.
Photos are generally taken and furnished by the Appraisal Unit of the Right of Way Section.

Although a lump‐sum cost is all that is necessary for the preliminary cost estimate, an estimate of
demolition costs should be made for each individual structure.

Information available from previous demolition contracts can be utilized in estimating costs. Further
information on bids received for demolition in connection with construction contracts may be obtained
from the Contract Administration Section. This is considered a Property Management function and is
charged to the project.

RIGHT OF WAY FIELD OFFICES
Property Management is responsible for the rental of field office facilities when necessary and/or required
for a transportation project. State owned improvements located on the project will be used whenever
possible, taking into consideration size,condition, and location of the improvement.

If there are no State owned on project improvements suitable for field office use, the Property Management

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Officer will prepare a memo addressed to the Secretary of Transportation via the Highway Division
Director/Chief Engineer explaining the need for a field office. Once the Secretary approves the field office
concept, guidance will besought from the Department of Buildings and General Services on how to locate
space,and how to obtain pre‐approval of the lease by the Commissioner of Buildings and General Services,
in accordance with 19 V.S.A. § 165.

When the establishment of a field office is indicated, Property Management is responsible for locating
rental space for a field office; Property Management shall conduct a search for suitable quarters, using the
services of real estate brokers andagents, newspaper ads, and inquiries of other knowledgeable local people.

Property Management shall inspect all office space available as to size, sanitaryfacilities, location, access
to the general public, and parking space.

Pertinent information shall be gathered as to rental amount, length of lease, utilities to be furnished,
including heat, and any other service such as janitorial, that may be included. This information shall be
forwarded to the Right of Way Chief, via Chief ofAcquisitions, with a recommendation relative to renting.

Upon receipt of approval to rent, Property Management shall prepare a lease agreementand forward it for
approval by the Assistant AG. The agreement shall be distributed as follows: original, kept by Property
Management; one copy each to lessor, Financial Management Division, and project general
correspondence file.

Property Management shall be responsible for the furnishing of field offices with theproper equipment
needed, including desks, tables, chairs, lamps, and telephone installation.

In the event a VTrans owned structure is used, Property Management will also arrangefor minor repairs.
If necessary, the delivery of fuel and electricity to the premises and other necessary services such as
plowing snow and lawn mowing.

Expenses incurred in the rental and use of field office shall be charged to the project being worked on
under the proper unit and function being carried out at the time, suchas Property Management, Negotiation,
or Relocation Assistance.

Approval from the FHWA must be obtained before an office is set up or used solely for Relocation
Assistance functions.

RIGHT OF WAY INVENTORY
State Highway System Right of Way Inventory

Right of Way Booklets

Right of Way booklets contain detailed information concerning right of way on the Vermont State highway
system. They are a research tool used to determine specific locations and widths of rights of way on the
system, in response to requests from Stateand local agencies and the general public.

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Project Record Files and Storage

A right of way project will be closed out upon receipt of a copy of the project completion and acceptance
memo. Prior to closing out a project it is necessary to extractcertain material from the project files in
preparation for electronic archiving.

All originals, with recording data, where applicable, of deeds, mortgage/lien/attachment releases, options,
water agreements, releases, notices of compensation hearings, condemnation orders, necessity petitions,
judgment orders, special agreements, opening certificates, relinquishment agreements, and maintenance
agreements, shall be extracted from the project files and will be scanned.

The project files shall be culled to remove and destroy all duplicate material, after which they shall be
boxed and forwarded to the Public Records Division for storage.

Project Record Half-Size Plans

Half‐size plan sheets are supplied to the Research Section of the Property ManagementUnit by the Plans
and Titles Unit.

These are indexed in route log order by inserting the mile marker location and project number in Right of
Way Pins database and on the title sheet of the half‐size plans. Theroute logs are also updated to indicate
that half‐size plans are available in Research.

Town Files

General Information

General information will be filed on the backer in each municipal file folder inchronological order.



Public Inquiries on Right of Way

Receiving an Inquiry

When inquiries are received, the following information should be obtained:

  What are the town and/or state route number?
  Does the inquiring party have a project number or the green mile marker?

The requesting party should find one of these markers; note the numbers and/or letters on the marker, and
measure from this marker the direction and distance to the area in question along the pertinent side of the
highway. It is important that any specific area of concern be accurately determined, especially if the area
is on a project that would have any great degree of right of way variance. Therefore, measurements and
directions should be taken from the two‐tenths of a mile markers rather than the highway intersection mile
markers whenever possible. This insures accuracy, because placement of highway intersection mile
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markers is frequently on stop signs and legal load limit signs rather than at their actual locations. With this
information, the highwayright of way may be determined for that area.

Determining the Right of Way

In ascertaining rights of way from available plans, it should be noted that in many casesthe right of way
line must be plotted on the plans, often using a centerline that is not thepresent highway centerline.

Note: When questions are received concerning interstates, US and State highways inany town, the town
file folder should be consulted first to see if the same request has been previously researched or any
additional data have been filed relating to the request.

If the location is within a historical survey, use the following statement:

“There is evidence of a historical survey at this location for rod(s)/feet, dated

 , and recorded in Book , Page .” Refer the calling party to the
Survey Unit to determine whether the historical survey has been recapturedin the field.

Note: Half‐size plan sheets (usually 1”=100’) are provided by mail. The charge is a minimum of $17 for
labor and up to ten sheets. Each additional sheet is fifty cents each,plus additional labor if applicable.
Electronic versions are available at no cost.




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Chapter 9 CONDEMNATION
GENERAL
Eminent domain is the power of the sovereign to take property upon payment of just compensation for
public use without the owner’s consent.

V.S.A. specifically provides for the use of the power of eminent domain in acquiringnecessary land for
transportation use.

Acquisition by Condemnation

In general, acquisition of land and/or rights by purchase or lease is accomplished by negotiations with the
property owner after the land and/or rights have been appraised, the appraisal reviewed and an estimate of
just compensation is established. In the event that Federal participation is contemplated, then any
procedures required by the FHWA are also complied with.

Vermont Statutes

Title 19, Chapter 5: Condemnation Section 502 – Authority: Pre-condemnation Hearing

The Agency may lay out, relocate, alter, construct, reconstruct, maintain, repair, widen,grade and improve
any State highway (including affected portions of town highways),when in its judgment, the interest of the
State shall so require. In the name of the State,it may take any land or rights therein, including easements
of access, air review and light, which it deems necessary. All property rights shall be taken in fee simple
whenever practical. In furtherance of these purposes, the VTrans may enter upon land adjacent to a State
highway or upon other lands for the purpose of examination and making necessary surveys. However, that
work shall be done with minimum damage to the land and disturbance to the owners thereof.

VTrans, in the construction and maintenance of limited‐access highway facilities, may also take any land
or right of the landowner therein under Title 19, V.S.A., Chapter17.

For the purpose of receiving suggestions and recommendations before expending public money for
engineering and condemnation, and before arriving at its judgment as required by Section 502, VTrans
shall conduct a public hearing upon not less than 30 day’s notice, published in a newspaper having general
circulation in the area affected, and upon notice by registered mail to owners of land and rights therein
affected by the judgment. The notice shall set forth the purpose for which the land or rights are desiredand
shall generally describe the improvement to be made.

At the hearing, the VTrans shall set forth the reason for the selection of the route intended and shall hear
and consider all objections, suggestions for changes, and recommendations made by interested persons.

Following the hearing, unless otherwise directed, the VTrans shall proceed to lay out the highway project,
and it shall cause to be surveyed the land to betaken or affected, giving due and property consideration to
the objections, suggestions and recommendations.

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The VTrans shall not take land or any right therein that is owned by a town or union school district, and
being used for school purposes, until the voters of the district havevoted on the issue of taking at a meeting
called for that purpose. A special meeting ofthe town or union school district shall be called as soon as
legally possible upon receiving notice of a public hearing unless the annual meeting is to be held within
30 days after receiving the notice of public hearing. Due consideration shall be given by the court to the
result of the vote, in addition to the other factors referred to in Section 501 of this title, in determining
necessity.

Appeal Procedures

When a compensation appeal has been served on the Secretary of Transportation, the following procedures
are initiated:

  The original appeal is transmitted by letter to the Assistant AG with a request tomake the
 necessary appearance for the Secretary.
  At this point, the corresponding files are matched to the appeals. All correspondence, appraisals,
 and records of negotiation are transmitted to the AG’s Office with a copy of those parts of the
 Judgment and Condemnation Orders applicable to the appeal. Originals of correspondence,
 appraisals, and records of negotiation remain in the property owner file in Rightof Way Section.
  At this point, tax information is requested from the respective town clerks. Court plats are
 requested from the Right of Way Technicians. Plan sets are made up for each appeal consisting
 of the layouts, cross sections, detail, and typical sheets. Theseare placed in the plan files
 pending the trial. The court files are made up as the information requested becomes available.
  Upon expiration of the appeal period (90 days after recording the CondemnationOrder), the
 Right of Way Chief is notified in writing as to the appeals received byproject, owner name and
 parcel number. A copy of this is sent to the Chief of Appraisal.
  Upon receipt of the above notice, the Right of Way Chief will call a meeting withthe Chief of
 Appraisal. The meeting is held to accomplish the following:
 • Resolve any appraisal problems that may exist between the appraisal staffand the review
 staff.
 • Assign to individual appraisers the responsibility for preparing before‐and‐after
 appraisals, if required, updating appraisals to the date of condemnation (date of
 recording condemnation order), and making thenecessary preparation for appearance in
 court as an expert witness.
  When all revised and updated appraisals have been reviewed and approved, copies of such
 appraisals will be made for inclusion in their respective court files.At this time the Court file
 will be considered as complete and ready for transmittal to the Legal Section of VTrans,
 attention Legal Unit Director, Transportation. No court file is to be transmitted unless it has
 approved appraisal(s). This transmittal will be by letter and will contain a request for an initial
 review of the files by one or more of the staff attorneys. The initial review will be made by the
 attorney assigned to the case.
  The attorney reviewing the file will check the appraisal and other material for possible
 deficiencies or relevance in light of his or her professional knowledge, experience, and
 judgment. If the attorney feels it necessary, he or she will call theappraiser; or in the event of
 the appraiser’s absence or a fee appraiser who is not readily available, the review appraiser will


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 be called for additional information or clarification. If any errors or deficiencies are found, the
 Right of Way Chief will be informed, and the file will be returned for corrective action.
  As soon as possible, the attorney assigned will call for a pretrial conference and field inspection
 with the appraiser, assigned Plans & Titles Agent, and any otherwitnesses the attorney may
 need. The pretrial conference and field inspections are to be documented by the Plans & Titles
 Agent, and the documentation is to be placed in the Right of Way file. The court plats and plans
 will be available forreview at this time, and the photographs will also be examined. If, in the
 attorney’s opinion, there are corrections to be made or additions necessary, thesewill be taken
 care of by the appraiser or the Plans & Titles Agent. At this time, also the attorney will discuss
 the prospective case in conformity with Vermont Statutes 23 C.F.R. § 710, and 49 C.F.R. § 24.
  From this point, until trial or settlement, there can be no further Right of Way Section action
 separate from the legal staff. The Section will be notified when Superior Court dockets become
 available, and copies will be furnished to the assigned Plans & Titles Agent. As cases are called,
 the attorney in charge will notify the agent as to the court date and will be required to attend as
 witnesses. The Chief of Appraisal will be notified by memo as to changes in the court docket
 and the date and time of each case as called. The attorney will be responsible for refresher and
 briefing conferences with the witnesses before trial to ensure that all concerned are fully
 familiar with the case at hand and adequately prepared.
  After settlement or trial the attorney shall prepare a signed statement covering the reasons for
 settlement, or a trial report in accordance with 23 C.F.R. § 710 and49 C.F.R. § 24.

The above statement or trial report shall be accompanied by a signed statement by the legal counsel in
charge, stating his or her concurrence in the reasoning, and disposition of the case.

The court file is then returned with all documents to the Right of Way Administrative Assistant for entry
in the Project Log and initiation of payment to the property owner.

Condemnation of Land by Municipalities

It is a long‐standing FHWA policy, under the provision of 23 U.S.C. § 302 and 23 C.F.R.

§ 1.3, that State highway departments are responsible for any transportation project undertaken with the
assistance of Federal‐aid highway. Where real property acquisition is conducted by political subdivisions
the VTrans is responsible for compliance by the political subdivision with provisions of law and applicable
FHWA requirements, to assure Federal participation in any phase of project costs. In the event of
noncompliance with provisions of law or FHWA requirements, Federal participationin parcel or project
cost may be forfeited in part or in total.

When a political subdivision of the State condemns land for a Federal‐aid transportation project under a
Right of Way agreement with the State, the responsibilityfor such condemnation rests solely with said
subdivision as a condemning authority as provided in the agreement. Vermont statutes require a duly
notified public hearing for this purpose. If the appraisal and engineering functions of the project have been
accomplished by VTrans personnel and upon request of the condemning authority, the VTrans will provide
the necessary expertise in these fields to assist the municipality in conducting said hearing. Relocation
Assistance services, which in any case will be accomplished by VTrans personnel, are not an integral part
of this hearing. However, if necessary and requested, a Relocation Assistance Officer will also be available

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for the hearing.

The legal services performed on behalf of the condemning authority in the condemnation of any lands or
rights of way serving the transportation project are eligible for reimbursement subject to obtaining VTrans
approval in advance. It is understood that the cost of any justifiable administrative or legal settlement or
court awards, in the event of appeals, will be eligible for participation by the State and Federal
reimbursement in the amount of percentile as established by the appropriate agreement for the project. It
must also be realized and understood that said participation is contingent upon the implementation by
condemning authority of the procedures outlined in the Vermont Statutes and 23 C.F.R. § 710 and 49
C.F.R. § 24. Acopy of these procedures will be forwarded upon request by the municipality.

Several sections in Title 19 V.S.A. apply to condemnation of land for highways. Those listed below are
sections that the Legal Section of the VTrans considers paramount. TheSelectboard and town attorney
should refer to these sections for the complete context.

  § 708 gives the Selectboard authority to alter or lay out highways on their ownmotion and
 without a petition from the citizens.
  § 709 spells out the contents of a notice of hearing, giving the time limits and themanner of
 giving notice.
  § 710 indicates how the Selectboard should cause a survey of needed land to beconducted.
  § 711 sets the time limit after the hearing within which the Selectboard mustmake their report of
 findings and record the same.
  § 712 indicates how they offer payment for damages.
  § 713 sets up the time limits for vacating the land for towns.
  § 714 indicates when the possession goes to the town.
  § 714 also applies if any walls, fences and structures need to be removed.

If a person is aggrieved as to the amount of compensation awarded:

  §§ 725 through 733 explain the manner which the aggrieved party may appealthe amount of
 damages to a district judge.
  §§ 740 through 743 explain appeal procedures to the Superior Court as tonecessity for taking
 the land or compensation for damages.

In summary, the Selectboard may cause a survey of land needed for a highway, hold ahearing with a 30‐
day notice, issue their findings within 60 days after the hearing, andoffer their amount of damages. If any
damages are appealed, and there are no buildings on the property taken, they may not take possession of
said land in less than two months without consent of the owners. If buildings are on the land taken, they
may not take possession of the land in less than six months without consent of the owners. In any case,
compensation must be paid or tendered prior to possession. Atthis point, they may then proceed with
construction unless an aggrieved owner has appealed a question of necessity to the Superior Court.

The preceding information is furnished only as a guide, and any town contemplatingacquiring land through
condemnation should consult an attorney to ensure that the proper notice and procedures are followed
according to the statutes.


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SETTLEMENTS AND AWARDS
Hearings Examiner Awards

Under Vermont Statutes, the Hearings Examiner is empowered to condemn land and rights required for
transportation purposes and therefore conductcondemnation proceedings. Appeals to thecourts from the
award made during condemnation proceedings are handled by the Legal Section of the VTrans.

Stipulated Settlements

When a stipulated settlement is to be made by the attorney assigned to handle the case,it must be approved
in advance by the Legal Unit Director and his or her endorsement or concurrence documented thereafter
as indicated below. Documentation of the settlement is provided and placed in the appropriate parcel file
as follows:

  A written report by the attorney assigned to handle the case in accordance with23 C.F.R. § 710.
 It is noted and emphasized that costs to the Agency and its counsel for preparing and presenting
 a case at trial or in an appeal may be considered in stipulating a settlement. Such costs are not
 sufficient as the sole justification for said settlement.
  A written endorsement on the report itself, signed by the Legal Unit Director, indicating his or
 her concurrence in the settlement. When it is considered necessary or desirable by the Legal
 Unit Director, for purposes of elaboration, clarification or additional justification, he or she will
 prepare a separate writtenand signed review of the report and the settlement. When this is done
 concurrence is indicated on the review. The endorsement or review is done in accordance with
 23 C.F.R. § 710.
  A signed statement by the Secretary of Transportation, VTrans, indicating concurrence, in
 whole or in part and if in part, reasons therefore, in accordancewith 23 C.F.R. § 710.

Court Awards

When an award is determined by judgment order for a court following a jury trial orhearing by the court
without a jury, documentation is provided and placed in the appropriate file as follows:

  A written trial report prepared by the trial attorney and signed by the attorney inaccordance with
 23 C.F.R. § 710. When such an award by the court includes interest, compliance with 23 C.F.R.
 § 710 is required to be eligible for Federal participation.
  This report will also contain any recommendations of the trial attorney regardingmotions for
 new trial, remitter and/or appeal and his reasons, therefore. If actionis subsequently taken on the
 recommendations, a supplemental report is prepared subsequent to final disposition of the case.
  A written endorsement on the report itself, signed by the Supervising Attorneyindicating his or
 her concurrence in the disposition of the case and his or her decision relative to any
 recommendations made by the trial attorney for post‐ trial actions.
  When it is considered necessary or desirable by the Supervising Attorney, for elaboration,
 clarification or additional justification, he or she will prepare a separate written and signed
 review of the report and the disposition of the case.When this is done concurrence is indicated
 on the review. The endorsement of review is done in accordance with 23 C.F.R. § 710.
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Court Liaison Duties

Property owner(s) have the right to appeal compensation awards. Coordination between the Right of Way
Section and the assigned counsel is handled through thePlans & Titles Agents who are assigned to cases
that have been appealed and workdirectly with the attorney assigned by the Legal Section of the VTrans.

  The Legal Section, through the attorney in charge, requests information neededfrom the Right
 of Way Section, such as updated appraisals, special engineeringwitnesses, or materials for the
 conduct of the case.
  In the case of an appeal from the adverse judgment against the State, the AG hasthe ultimate
 duty of managing all State litigation. Appeals in transportation condemnation cases are taken at
 his or her direction after consultation with the Right of Way Section and the T‐Board.
 Concurrence of the Secretary of Transportation is requested in all decisions to appeal.
 Decisions against appealare approved in accordance with 23 C.F.R. § 710.
  Coordination between the Right of Way Section and Counsel: Requests for opinions or other
 legal advice are forwarded to the Legal Section for the attentionof the Assistant AG serving as
 supervisor of legal services for the VTrans, who handles them personally or assigns the work to
 one of the attorneys in the section.
  Cases files, containing appropriate material from the Right of Way files, including a copy of the
 appraisal, are supplied to the Supervising Attorney in those instances where a property owner
 has appealed to the courts concerning the compensation award of the T‐Board. The Supervising
 Attorney, with the cooperation and assistance of the attorney in charge of the AG’s litigation
 section, assigns these cases to the trial attorneys.

The Right of Way Section, through its Plans & Titles Agents, aids the trial attorneys in the preparation of
cases for trial – that is, obtaining necessary material and information.Members of the section also appear
as trial witnesses primarily to describe the acquisition and remainder properties.

Negotiated Settlements

  When a negotiated settlement differs, whether substantial or not, from the justcompensation
 value the Acquisition Unit prepares written justification of the administrative settlement.
  When an award is made that differs, whether or not substantially, from the just compensation
 value previously established, written justification of such award will be provided by the
 awarding authority and will be submitted for Federal participation in the total amount of such an
 award. If the award is not appealed, Federal participation will thenbe requested for said
 increased amount utilizing current accounting procedures if the increase is justified under
 provisions of 49 C.F.R. § 24. If the award is appealed, the amount in excess of the determined
 fair market value will be nonparticipating until such appeal is resolved through litigation.
  When the AG makes a stipulated settlement substantially different from the justcompensation
 value established by the Appraisal Chief, the trial attorney prepares written justification of such
 action. Approval is made by the Supervising Attorney and the Secretary of Transportation.
  When a Superior Court judge makes an award substantially different from the just
 compensation value established by the Appraisal Chief, the trial attorney prepares a report
 setting out the issues and a resume of testimony, as well as his or her reasons for recommending


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 that the verdict be accepted or appealed. Approval is made by the Supervising Attorney and the
 Secretary of Transportation.

Conveyance of Title to State – Payments

Vermont does not have an immediate possession law. Title passes and possession isobtained on the date
of tender of agreement price as evidenced by date received, as shown on the certified mail receipt or the
date the Condemnation Order is recorded.

The property owner receives full payment of the award in both cases and prior to possession. It is normal
VTrans policy to allow 90 days free occupancy, but under nocircumstances will less than 30 days free
occupancy be given.

Free occupancy will not be given for unimproved properties.

Excess Land Acquisitions

There is no statute that defines “excess” precisely. Under condemnation laws the VTrans must show a
reasonable necessity in order to acquire any land. This does not mean that it must be shown that the
acquisition is imperative or absolutely necessary, only that the proposed taking is reasonably necessary,
that the interests of the State require it to accomplish the end in view under the particular circumstances of
any givensituation. (See 19 V.S.A. § 502).

It should be noted that in accordance with Executive Order #4, dated April 16, 1969, theGovernor, has
placed some restrictions on such acquisition unless the lands to be acquired are directly for transportation
purposes. Such uses as maintenance areas, garages, offices, salt sheds, or storage areas are specifically
excluded from the term “transportation purposes.”

LEGAL
Legal Staff – General

The AG is responsible for all legal work for the State of Vermont.

The legal and operating relationship between the legal staff and the VTrans is set forth inTitle 3, V.S.A.,
Chapter 7.

That is, the AG’s Office (legal staff) is decentralized, utilizing eight operational structures. Three of these
divisions are directly concerned with Right of Way activities:Administration Division, the Civil Division,
and the General Counsel and Administrative Law Division.

The AG has assigned a Assistant AGs from within the General Counsel and Administrative Law Division
to work “in house” with the Agency of Transportation as a member of the Secretary’s staff.The assistants
work directly with the Secretary, division heads and other personnel as matters may require. The assistants
generally provide advice, opinions, or services and may attend or lead pre-condemnation (19 V.S.A. § 502)
hearings, superior court condemnation hearings, minor alterations (19 V.S.A. § 518) hearings T‐Board
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hearings, and Act 250 hearings, among others.

Staff attorneys, otherwise under the supervision of the office of civil division, and feeattorneys, are under
the supervision of the Legal Unit Director for purposes of condemnation litigation. The Legal Unit Director
reports directly to the Chief of the General Counsel and Administrative Law Division, who in turn reports
to the Deputy AG.

On occasion, the Attorney General’s Office may approve VTrans’ engagement of private legal counsel to
represent the State in condemnation litigation. Procurement of private counsel services must follow
applicable bulletins from the Vermont Agency of Administration, as well as OMB A102 procedures.

The employment of fee attorneys must be approved in advance by FHWA upon showing by the State that
the employment of fee attorneys is in the public interest, andthe fee is reasonable and not on a percentage
basis.

Legal staffs of political subdivisions will be used when the political subdivision is the condemning
authority.

The appropriate town/municipality Right of Way agreement contains the following paragraph:

“If the condemnation of property becomes necessary, the Town/Municipality will commence
condemnation proceedings upon receipt of notice from the State that condemnation is required.”

Duties – Director of Transportation Legal Unit

Duties include but are not limited to the following: Litigation, including necessity cases;administrative
hearings and appeals; day‐to‐day legal advice to the Secretary and employees; preparation of AG Opinions;
legislative drafting and hearings; complaints and grievances (coordinated with Administration Division);
personnel and labor relations (coordination with Administration Division); public hearings; review of
VTrans and T‐Board documents including deeds, leases, agreements, contracts, petitions, rules and
regulations; and to the Vermont Legislature; attendance at Transportation Board meetings and hearings;
coordination with Agencies of Natural Resources, and monitoring of those Federal regulations and court
cases that particularly affected the VTrans.

Procedures

Many opinions, reports and other written matter prepared by staff attorneys are reviewedby the Legal Unit
Director before being forwarded to VTrans. When it appears appropriate to do so, as in the case of trial
and settlement, reports should be submitted as documentation in compliance with 23 C.F.R. § 710.

Documents

Most deeds, water agreements, and other documents relating to the acquisition ordisposition of land or
rights are prepared within the Right of Way Section.

Preliminary Location and Design Hearing
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Prior to its final decision as to the location of any transportation project, the VTrans is required to conduct
public hearings designed generally to acquaint area residents with the location tentatively proposed by the
VTrans, and to give interested persons the opportunity to ask questions and express their opinions. The
Public Information Hearing is a Federal requirement. The second hearing, known as a “502 Hearing” is
notheld until the proposed right of way has been plotted and is directed by 19 V.S.A. § 502.

A member of the legal staff attends preliminary location hearing only upon specific request.

Necessity

When the location of a proposed transportation project has been finalized, if parties are unable to settle or
stipulate to necessity, VTrans’ Transportation Legal Unit AAG’s will file a Verified Complaint (19 V.S.A.
504) with the Superior Court of the County in which the land needed for the project is situated, setting
forth that find it is reasonably necessary for the State to acquire the described land and rights, along with
the proposed compensation awards for the lands and rights proposed to be acquired.

The petition is prepared by VTrans’ Transportation Legal Unit AAG’s with assistance from the Right of
Way Section. The AAG’s office is responsible for the necessary processing; this includes obtaining a
hearing date from the presiding Superior Court Judge, newspaper publication of notice as required by law,
arranging for and verifying service of the petition on all interested parties, and entering the verified
complaint in court. If a timely answer is filed denying the necessity of a taking or the public purpose of
the project, the court shall schedule a final hearing to determine the contested issues, which shall be held
within 90 days of expiration of the deadline for filing an answer by the last interested person served. (See
19 V.S.A. § 505).

On the date set for hearing by the court, a member of the legal staff is designated torepresent the VTrans
at such proceedings.

Subsequent to hearing, the legal staff prepares requests for findings, if necessary, and likewise drafts a
judgment order for the signature of the court. In the rare instance of anappeal to the State Supreme Court
from the order of the lower court, a member of the legal staff prepares the State’s brief and conducts the
argument on behalf of the State.

While the right of discovery in condemnation cases has not been determined specifically by the Vermont
Supreme Court, there is no reason to suppose it is any different from discovery rights in civil litigation.
These rights are prescribed by the Vermont Rules of Civil Procedure, § V, Depositions and Discovery,
Rules 26‐37 (usually patterned on the Federal rules).

Recording of Judgment or Notice of Condemnation, Compensation, and Vesting of Title within 15 business
days of the issuance of a judgment of condemnation by the court or of the preparation of a notice of
condemnation by the Agency in accordance with subdivision 503(e)(2) of this chapter, the Agency shall:

Record the judgment or notice, including the description of the property taken, in the office of the clerk of
the town where the land is situated; and Tender to the property owner, or deposit with the court, the amount
of the offer of just compensation prepared under subsection 503(b) of this chapter or any other amount
agreed to by the owner.

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If an interested person has not provided the Agency identification information necessary to process
payment, or if an interested person refuses an offer of payment, payment shall be deemed to be tendered
when the Agency makes payment into an escrow account that is accessible by the interested person upon
his or her providing any necessary identification information.

Title in the property shall vest in the State, and the Agency may proceed with the project, upon the later
of:

 26. The Agency’s complying with the requirements of 19 V.S.A. § 506(a); and
 27. The Agency’s mailing or delivering to the owner a notice of taking stating that it
 has complied with the requirements of subsection (a) of this section. Except in the
 case of agreed compensation, an owner’s acceptance and use of an initial
 compensation award does not affect his or her right to contest or appeal damages
 under 19 V.S.A. §§ 511-513 but shall bar the owner’s right to contest necessity
 and public purpose.
 28. Upon the Agency’s recording of the judgment or notice of condemnation, the clerk
 with responsibility over land records shall enter the name of each property owner
 named in the judgment or notice as a grantor in the general index of transactions
 affecting the title to real estate. The Agency shall comply with the provisions of 27
 V.S.A. Chapter 17 governing the composition and recording of project layout
 plats.

Appeals

Property owners have the right to appeal damage awards to the superior court, where they may request a
trial by jury.

When an appeal is filed, the matter is placed in the hands of the AG’s office, which enters his or her
appearance for the T‐Board, or Superior Court, depending on the amount of the appeal. Appeals are then
turned over to a Staff Attorney to prepare and try the case. The Staff Attorney, or fee attorney, may
recommend a settlement if he or she feels it is justified, but is not authorized to make any such settlements
without prior approval from the Legal Unit Director, who in turn will generally consult with the appropriate
VTrans officials. Consultation with VTrans officials is a matter of policy and is rigidly respected in all
cases where the settlement is to be justified by an increase in the land valuation, except where
considerations of timewill not permit.

In the preparation of a case for trial, the staff attorney or fee attorney calls on the Plans& Titles Agents for
a case file, which includes documentary records or progress of the case to date, including appraisals, and
photographs. These agents also assist the attorney in case preparation in any way they can.

The staff or fee attorney reviews the file and discusses the case with the Appraisal Chief, inspects the
property accompanied by the appraiser who will testify, and in general, discusses the case with, and
prepares the witnesses, including the appraiser and the assigned Plans & Titles Agent or Agents. In
instances where an accountant or other experts are to be called, the attorney discusses the case with them
as well.


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The staff or fee attorney also maintains contact with the plaintiff’s counsel and always holds the door open
to receive reasonable proposals that might lead to a settlement. Asnoted however, the staff or fee attorney
does not have the authority to settle a case without prior approval of the Legal Unit Director.

When an appeal is filed, negotiations then become the responsibility of the AG, who assigns it to one of
the staff or to a fee attorney. The staff or fee attorney may requestthe services of the Negotiator to assist
with the case – and occasionally has done so.

Following completion of the trial, the staff or fee attorney discusses with the Legal Unit Director possible
post‐trial measures that may be indicated prior to facing a decision relative to appeal. With his or her
approval, various motions may be made, such as a motion to set aside the verdict and for a new trial or a
remitter. Subsequent tothe Court’s action on motions by both parties, the staff attorney submits a trial
report to the Legal Unit Director, who reviews it, and when approved, sends it to the Right of Way Section
with an additional copy for the FHWA VT Division Office. He or she maywrite a detailed review of the
report, which is also forwarded to the Right of Way Section.

Any decision to appeal the judgment of a lower court is made by the Chief Assistant Attorney who submits
a report explaining and justifying the action. This report is reviewed for approval by the Legal Unit
Director, who may write a separate supportingreview, or simply approve it without comment as the case
may warrant. Reports and reviews are forwarded to the Right of Way Section, with copies to the local
Federal office.

Certified copies of all court orders or stipulations, required for payments are obtainedby the Legal Unit
Director from the clerk of the courts, and confirmed copies of these and other motions or requests are
forwarded to the Right of Way Section for their casefiles.

Settlements

The decision to settle a case is a primary responsibility of the Legal Unit Director after consideration of
recommendations of the staff attorney assigned to the case. Where the basis for settlement involves
questions of property valuation (that is, a factor overlooked or a mistake in the approved appraisal, or
revised thinking by the appraiserafter discussion with the attorney, or perhaps after seeing the actual effect
of a completed transportation project on a remainder as opposed to the effect as visualized prior to
construction), the Appraisal Chief and the Chief of Acquisition will always be consulted if time and
circumstances permit.

On the other hand, settlements on strictly legal or strategic considerations, such as points of law, results of
prior verdicts on similar properties, costs of trial that are not reimbursed by Federal funds. (it is estimated
that the State of Vermont must pay a minimum of approximately $6,500, including $3,500 in court costs,
which, in essence, are absorbed by the public through taxes, and interest payments or quality of witnesses
available, are all matters upon which the Legal Unit Director exercises sole discretion, although as a matter
of policy, VTrans officials are notified whenever possible. The burden is placed on the State; consequently,
proposed settlements are carefully scrutinized by the Legal Unit Director, sometimes to the extent of
consulting withFHWA VT Division Office to see their advice, as well as with Agency officials.

Non-Compensable Items and Benefits

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Prior to attempting to compile such a list (See Chapter Three Appraisal), appraisers arecautioned that the
listed items are for the sole purpose of giving the appraiser a wider perspective into the field of Vermont
eminent domain law. In no event is an appraiser to attempt to apply the items on his or her own initiative.
This is not meant to be a reflection on the appraiser’s ability in his or her own field, but when questions of
law are involved, as to whether a given item falls within the list, it is the attorney’s responsibility to
determine and advise the appraiser of the presence of items that are non‐compensable and which are in the
last analysis points of law and not of valuation.Any given rule of law is subject to so many exceptions and
qualifications, that only an attorney is to make a determination. Finally, the practice of law is limited to
members of the State Bar; no appraisers should open themselves up to possible charges of violation by
attempting to determine whether a given item is in fact non‐compensable under Vermont law.

Considered only as very broad, general information, the list can be interesting to the appraiser. If, on the
other hand, the appraiser attempts to make a legal determinationbased thereon, he or she may jeopardize
his or her work for the State and place him orherself in the unauthorized practice of law.

The letter dated May 5, 1965, and reviewed without change in April 1969, and printedin Chapter Three,
Appraisal contains information on non‐compensable items.

The same caution is applicable to so‐called “Benefits.” When a benefit may be offset against damages, it
is strictly a legal question to be resolved by an attorney. It is the appraiser’s job to determine the amount
represented by the benefit. The legal staff doesnot attempt to evaluate or give appraisal advice.

There is very little established law in Vermont on benefits. The following are sources of case law regarding
benefits:

  Benefits must be direct and peculiar to the property retained.

Howe v. State Highway Board, 123 Vt. 278. (1993).

  A benefit may not be changed when traffic is directed to the property.

 Demers v. Montpelier, 120 Vt. 380. (1958)




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Chapter 10 ACQUISITION PROCEDURES
FOR LOCAL PUBLIC AGENCIES
GENERAL
This Chapter outlines the general policies and procedures that apply to the acquisitionof real property in
conjunction with Federal‐aid transportation projects undertaken byor for an LPA, throughout. Locally
managed projects will be developed through the MAB program. The MAB program has its own project
development guidebook and right of way guidance.

A LPA is any municipality or political subdivision of the State of Vermont that may acquire right of way
for a transportation project, in which Federal funds participate in any portion of the project. This includes,
but is not limited to, municipalities and subdivisions thereof, which have the authority to acquire property
by eminent domainunder State law.

RESPONSIBILITY
19 V.S.A § 1504 provides for the VTrans to cooperate with a LPA, as necessary to obtaintransportation
funds for improvements to facilities under LPA jurisdiction. The Right of Way Section is responsible for
clearing the acquisition of real property for any transportation project undertaken with the assistance of
Federal‐aid transportation funds, including those projects undertaken by any LPA.

The Right of Way Section has the responsibility to inform the LPA at the appropriate time, to make it
aware of, and explain the provisions of the Uniform Act, as amended,and the FHWA requirements which
must be met to assure Federal participation.

Whether performed by the VTrans or the LPA, acquisition of real property must be in compliance with the
provisions of Titles II and III of the Uniform Act (as amended), andall FHWA regulations and directives,
including those involving relocation assistance, plus the nondiscrimination provisions of the Civil Rights
Act of 1964 and the Americanswith Disabilities Act.

The Right of Way Section will monitor and assist the real property acquisition activitiesconducted by the
LPA to the extent necessary to ensure that there is compliance with provisions of law, VTrans ROW
Manual, and FHWA requirements.

PROJECT APPLICATION
The LPA will execute a Right of Way project agreement or cooperative agreement, which describes the
project and both parties’ respective right of way responsibilities.

PROGRAMMING

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Programming, as a function of the Right of Way process, is performed by the Programming Section of the
VTrans. Programming right of way activities is a process ofrequesting and obtaining FHWA funding
approval for each activity. Each activity, whose cost will have Federal participation, must be programmed
prior to the commencement of any right of way activity to be eligible for Federal reimbursement.

When Right of Way is a Participating Project Cost

When the right of way function is a participating cost on federally funded transportation projects, the Right
of Way Section may perform all right of way activities.When requested by the LPA, right of way cost
estimates will be prepared and forwarded to the Programming Section for the necessary program action.

The Right of Way Section will fully explain to the LPA involved, the provisions of theUniform Act and
the FHWA requirements that must be met in order to assure Federalparticipation and will monitor the right
of way activities conducted by the LPA to theextent necessary to ensure that it is in compliance with those
provisions and this manual.

The involved LPA may perform right of way activities with Federal participation only when it can
demonstrate to the VTrans that it has qualified personnel and an approvedorganization for conducting the
required activities, services, and costs that will be required to assure compliance with the Uniform Act.

A right of way project agreement must be executed with the LPA, at which time the LPA assumes
responsibility for all development activities on a project, including theright of way activities.

The Programming Section will program all right of way activities where there is Federalparticipation in
the project. The LPA should be cautioned not to proceed until it has been notified that the right of way
activity is programmed.

When the right of way function is a non‐participating cost on Federal transportationprojects, or the LPA
elects to acquire the right of way without Federal participation,minimal right of way incidental costs may
be programmed by the Programming Section.

Such programmed incidental costs will be participating and enable Right of Way Section to examine
preliminary plans to determine and explain to the LPA involved what right of way activities and services
will be required to assure compliance with theFHWA procedures and the Uniform Act. The Right of Way
Section will also provide advisory services and monitor real property acquisition activities.

RIGHT OF WAY PROJECT AGREEMENT
A written right of way project agreement between the VTrans and the LPA involvedmust be executed prior
to the Right of Way Section performing any work.

When requested by the LPA, Right of Way Section personnel, through coordination with the VTrans
District Transportation Administrator, will meet the proper LPA authorities to discuss and review the
proposed project and explain the provisions of theUniform Act and FHWA requirements. A copy of the
Uniform Act (as amended) alongwith 23 C.F.R. § 710 and 49 C.F.R. § 24 may be provided, along with all
necessary amendments that apply to the specific project.
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At the meeting, a detailed explanation of all requirements for the proposed project will be presented, along
with functions to be performed, estimate of costs, Federal, and Stateparticipation, LPA funding obligations,
tentative project schedule, projected lead time requirements, and the basic provisions of the proposed
agreement. The VTrans monitoring requirements, and the general duties and responsibilities of the LPA
will bepresented. Project plans will be reviewed, in the field if necessary, and copies will be given to the
LPA, District Transportation Administrator, and any other party as required.

The information will enable the LPA involved to decide how right of way acquisition will be performed
and by whom. When the project agreement is received by the Rightof Way Section, it will be sent to the
Secretary of Transportation for signature. The original copy will be retained by the Right of Way Section
and copies will be furnishedto the appropriate project manager. This agreement will be executed prior to
performing any right of way acquisition work.

PLANS AND TITLES
When the right of way agreement is finalized, the Right of Way Section becomes the agent for the LPA.
Right of Way Section personnel are then assigned to advise, assist and/or perform Plans and Titles
activities. The Plans and Titles Unit will gather all necessary information from the affected property owners
with regards to property lines,descriptions, improvements, water sources, utility lines, rights, etc., needed
for right of way plans. They will institute a parcel file for each parcel involved, title‐search all affected
properties, and prepare right of way plans and all necessary legal documents for the project. These activities
will be performed in accordance with Chapter Two of this Manual and current FHWA requirements.

When the right of way plans are prepared, they will show the following:

  Proposed centerline, existing right of way limits, construction limits, andproposed taking line.
  Property lines, owners’ names, and parcel numbers.
  Taking areas, including any improvements in the take area such as buildings,water sources,
 water or sewer lines, or septic tanks.
  Slope rights or other rights that may be required.
  Parcel offsets and running distances.
  Detail sheets with parcel numbers, full property owners’ names, areas to be acquired,
 remainders rights to be acquired, and beginning and ending stations ofeach parcel.

Abstract of title will be required for all acquisitions. The extent of the title searches will depend on the
complexity of the parcel/project. Upon completion of the title search, the abstract will become a part of the
parcel file.

All right of way plans will be approved by the Right of Way Chief and Director of Project Delivery.

DOCUMENTS
In general, it is recommended that the VTrans Right of Way Acquisition Unit prepare allrequired legal
documents. However, if the LPA chooses to prepare their own documents, the VTrans will supply the
necessary information (title source, property description, etc.) when requested.

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If the acquisition will involve only a temporary use of the land during the construction period, temporary
use forms or right‐of‐entry permits may be used. If the acquisition involves land and premises or permanent
easements, an agreement between the LPA and property owner may be prepared and executed in order to
process payment, with the preparation and execution of deeds to follow at time of payment. If the land
and/oreasements are donated, the transfer document must include a clause releasing the VTrans of its
obligation to appraise the property and the property owner’s right to receive just compensation based on
that appraisal. Other documents may be necessary,such as releases for any encumbrances on the property,
well agreements, sewer‐line agreements, or any other releases. On the rare occasion when it might be
prudent to acquire donated property prior to obtaining the environmental clearance, the transfer document
must contain language sufficient to ensure that the acquisition is in compliance with the Uniform Act (as
amended).

When unusual circumstances are encountered, a lease might be used in lieu of a deed, but only if – prior
to its execution – the Right of Way Section has an opportunity to review the lease and provide its approval
in writing. The lease should have a minimumterm of fifty (50) years, cannot be revoked, and must remain
in effect if the lessor sells the area under lease.

APPRAISALS
The following policies relative to appraisals must be followed:

  All property shall be appraised before the initiation of negotiations with an owner, except when
 property is donated or the valuation is uncomplicated and the fair market value is estimated at
 $25,000 or less, except as set forth under thefollowing appraisal procedures.
  When an appraisal is required, the owner or designated representative shall begiven an
 opportunity to accompany the appraiser during the inspection of the property.
  The LPA shall establish an amount which it believes to be just compensation forthe acquisition
 of real property before the initiation of negotiations with an owner.
  Any decrease or increase in the fair market value of real property prior to the date of valuation
 caused by the public improvement for which such property is acquired, or by the likelihood that
 the property would be acquired for such improvement, other than that due to physical
 deterioration within the reasonable control of the owner, shall be disregarded in determining the
 compensation forthe property.
  Appraisers shall not give consideration to or include in their appraisals, anyallowance for
 relocation assistance benefits or business losses claimed.

Appraisal Procedures

  The Right of Way Section will consult with the LPA to determine whether VTransqualified
 staff or consultant appraisers will be assigned to complete the appraisals. If consultant
 appraisers are used, they will be selected and contractedin accordance with the VTrans Policy
 and Procedures. The consultant appraiser must be pre‐qualified by VTrans, and the LPA must
 comply with the VTrans contracting procedures.
  The appraisals must be prepared in accordance with the procedures andspecifications set forth
 in Chapter Three, Appraisal.

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  An appraisal is not required if the property owner is donating the property to beacquired, and
 the property owner releases the LPA from this obligation, in writing.
  An appraisal is not required when it is determined to be unnecessary because thevaluation
 problem is uncomplicated, and the value of the acquisition is estimatedat $25,000 or less. In
 this instance a value finding estimate is adequate.

Appraisal Review

All appraisal reports must be reviewed by a qualified reviewing appraiser. The reviewing appraiser will
determine:

  That the appraisal meets requirements of Chapter 3 Appraisal.
  That the appraisal is recommended as the basis for the establishment of the amount believed to
 be just compensation.
  Just compensation is set by the Appraisal Chief and/or approved VTrans staff.

NEGOTIATIONS AND CONDEMNATIONS
When requested, Right of Way Section personnel of the Negotiations Unit will be assigned to advise, assist,
and/or perform the negotiation function. These NegotiationsUnit personnel will conduct the negotiation
phase in accordance with procedures as outlined in Chapter Six, Acquisition. If any acquisition settlements
are necessary in excess of approved fair market value offer, such excess must be mutually agreed to by the
VTrans and the involved LPA.

VTrans Right of Way personnel will advise and assist those involved where the LPA willnegotiate for the
necessary acquisitions. Diaries for individual personal contacts must be prepared and maintained in
separate parcel files for each property owner.

Appropriate forms, handouts, and documents will be furnished, including records of acquisition. Care will
be taken to ensure compliance with Title III of the Uniform Act.

If condemnation of the land and/or rights necessary for project construction is required, the LPA will be
the condemning authority in accordance with the provisions of the Right of way project agreement. When
the right of way function is a participating project cost, certain legal costs, justifiable administrative
settlements, and/or court awards in the event of appeals are eligible for State and/or FHWA participation
as indicated in the right of way project agreement. When the right of way function is a non‐participating
cost, the aforementioned legal and other costs are not eligible for Stateor FHWA participation.

When Right of Way Section personnel perform the negotiation function on behalf of the LPA, they will
ensure that all affected property owners and other persons with a compensable interest in the property to
be acquired, are fully informed in writing of the LPA process for condemnation for transportation purposes.

Because Vermont statutes differ in application of this process, caution must be exercised when referring
to particular time periods regarding notices of hearings, payments, and appeals. These items will be
clarified for each project by reference to the LPA Attorney or the Assistant AG’s office assigned to assist
the VTrans to determine the controlling statutes, as required.
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In general, the VTrans memorandum entitled “Condemnation of Land by Municipalities” outlines the
condemnation process and informs all parties of their rightsof appeal. A copy of this memorandum will be
provided to each owner or interested party during project negotiations. Immediately upon receipt of the
findings and order of necessity and compensation from the LPA, the Right of Way Section will send or
deliver a copy of the order, or extract thereof, to each affected owner or interested party named therein.
This will further ensure that all parties are notified of the action of the LPA and their right to appeal such
action at their discretion.

In the event the LPA, in condemnation cases on Federal‐aid participating projects, desires to utilize special
counsel and requests reimbursement for incurred costs, 23

C.F.R. § 710 requires the employment of such counsel be approved in advance and requires documentation
that the employment of such counsel be in accordance with VTrans procedures that have been approved
by FHWA. Also required is documentationthat the employment of special counsel is in the public interest,
the fee is reasonable andis not on a percentage basis. In addition, in order to assure reimbursement to the
LPA and Federal participation in these legal costs, the LPA is required to enter into a contractwith the
attorney or firm providing the legal services prior to incurring such costs. This contract is subject to VTrans
approval and shall include, as a minimum, the following:

  Qualifications and experience of the attorney or legal firm in areas of propertylaw.
  All legal work shall be performed in accordance with Vermont Statutes and 23

C.F.R. Part 710, in order to ensure proper maximum Federal participation in theamounts paid.

  Estimated cost of legal services on a lump sum or hourly rate shall contain a breakdown for
 performing the work to include salaries, material costs, and anyother direct or indirect cost.
  The LPA and attorney or legal firm shall maintain, retain, and make available foraudit by the
 VTrans and FHWA all accounting records and any other documentation pertaining to costs
 incurred for legal services for a period of threeyears from the date of payment of the final
 voucher by the Federal government to the VTrans.

RELOCATION ASSISTANCE
All relocation assistance activities and requirements must follow the provisions of the Uniform Act. All
relocation assistance functions shall be performed by qualified VTrans Right of Way personnel of the
Acquisition Unit who have the necessary knowledge andexpertise in this field, unless contracted out to be
performed by qualified personnel under VTrans supervision. All necessary brochures, handouts, and forms,
required during this relocation phase will be provided.

All relocation work performed shall be in accordance with the provisions outlined in Chapter Seven,
Relocation Assistance. All payments for relocation provisions will be processed by the VTrans.

PROPERTY MANAGEMENT
When requested, Acquisition Unit will be assigned to advise, assist, and/or perform theoverall management
and disposal of real property acquired in connection with Federal‐aid projects as outlined in Chapter Eight,
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Property Management.

  Property Management personnel will make a disposal value appraisal as may beneeded for any
 structures acquired for the purpose of retention or sale and removal.
  Demolition cost estimates for acquired structures will be furnished if and whenrequired.
  In the event the LPA wishes to dispose of improvements by bid or auction, assistance may be
 provided by furnishing bid forms, proposals to buy, terms ofsale, and other necessary materials.
  Disposal of right of way after final acceptance of the construction project issubject to VTrans
 approval and FHWA where required.

INCIDENTAL TRANSFER EXPENSES
In accordance with Title III, Section 303, of the Uniform Act (as amended), Right of WaySection personnel
will advise, assist and/or perform for the acquiring LPA the reimbursement provisions for affected property
owners for expenses incurred as follows:

  Recording fees, transfer fees and taxes, and other incidental expenses incurred in the
 conveyance of property.
  Penalty costs incurred for prepayment of a preexisting mortgage encumbering a property.
  The pro rata share of real property taxes paid for a period subsequent to the dateof vesting title
 in the acquiring LPA. Procedures outlined in Chapter Eight, Property Management, will be
 followed in computing property tax reimbursements. The minimum $10.00 payment provision
 will not be applicablewhen computing tax reimbursements for acquisitions by the LPA.

PROJECT MONITORING AND AUDIT
Monitoring

The Right of Way Section will assign personnel to monitor all real property acquisitionactivities conducted
by an LPA to the extent necessary to ensure that there is compliance with the provisions of law and all
applicable FHWA requirements.

Monitoring of Right of Way activities performed by LPA personnel should be on a current basis to the
extent practical, to assure that procedures are followed, and that proper documentation of these activities
is in the LPA’s files. The LPA must keep the Right of Way Section updated on its right of way activities
to ensure that the monitoring can take place periodically. If monitoring indicates that there are problemsor
differences, these should be discussed with the LPA officials, and a plan should be developed for resolving
them. Right of Way Section personnel should document all monitoring activities in writing.

This activity will be accomplished on any project where there is Federal participation inany phase of the
project costs, with the full intent that project files will stand up to FHWA compliance audit and for ensuring
maximum Federal participation in project costs.

Right of Way Clearance Certificate and Special Agreement

Upon completion of the necessary acquisition and relocation activities for the project and receipt of a
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certification from the LPA that right of way was acquired in compliance with the Uniform Act, a
performance audit of the right of way phase will be conducted by Right of Way Section personnel. Right
of Way audit procedure will be followed for projects where the right of way functions are performed by
the LPA. After reviewing the Audit report and being assured that any noted deficiencies have been
corrected, theVTrans Right of Way Chief will issue and distribute the Right of Way certificate and special
agreements with copies also being transmitted to the involved LPA and District Transportation
Administrator.

Credit for Donations

Appraisals/waiver valuation estimates will be completed to estimate the value of donated property to be
applied as credit against the LPA’s matching share of the projectcost. The LPA may be credited at the
applicable match rate for the value.




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Page 184 of 198
Page 185 of 198
 CITY OF BURLINGTON

 QUITCLAIM DEED OF EASEMENT

 KNOW ALL TO WHOM THESE PRESENTS COME:


 THAT It, BURLINGTON ESTATES, LLC, a Vermont Limited Liability Company with its
principal place of business in the Village of Ossining, County of Westchester and State of New York,
hereinafter referred to as “Grantor”, in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration paid to its full satisfaction by the CITY OF BURLINGTON, a Vermont
Municipal Corporation, with its situs in the County of Chittenden and State of Vermont, hereinafter
referred to as “Grantee”, by these presents does hereby REMISE, RELEASE and FOREVER
QUITCLAIM unto the said Grantee, City of Burlington, and its successors and assigns forever, all right,
title and interest which Grantor, its successors and assigns, has in and to certain easements and/or rights
located on Grantor’s Property in the City of Burlington, in the County of Chittenden and State of
Vermont (the “Premises”) and described as follows, viz:

 Being part of the same land and premises conveyed to Burlington Estates, LLC, by the Quit-
Claim Deed of Marissa S. Toomey, dated December 20, 2022, and recorded in Book 1698, Page 340 of
the City of Burlington land records.

 Being Parcel #10, consisting of easements and rights therein over and across Grantor’s Property,
known and numbered as 465-467 Colchester Avenue, Burlington, Vermont, as shown on Right of Way
Detail Sheet 2 and Layout Sheet 2 of the plans of Transportation Project Burlington STP 5000(29), (the
“Transportation Project”), dated February 13, 2025, last revised November 6, 2025 and to be recorded in
the City of Burlington Land Records (the “Plans”).

 In connection with the above parcel the following easements and/or rights are conveyed:

 A temporary easement to enter upon the land of the Grantor, during the period of construction, to
disconnect and connect utility connections, right of and between approximate stations 851+23+ and
851+86+ of the established centerline of the Transportation Project, depicted as “D&C(T)” on the Plans.

 A temporary easement, during the period of construction, to enter upon land of the Grantor, for
construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush,
bushes, and debris, including restoration of the yard, and erosion contro] barriers, together with the right
to keep the erosion control barriers clear of debris and functioning properly throughout project
construction, as necessary and as noted on the Transportation Project plans, and undertake general
construction functions in an area of 712 square feet, more or less, right of and between approximate
stations 851+23+ and 851+82+ of the established centerline of the Transportation Project, depicted as
“CONST(T) on the Plans.

 A permanent easement to enter upon land of the Grantor to install and maintain a retaining wall
and stairs within the retaining wall, in an area of 445 square feet, more or less, right of and between
approximate stations 851+23+ and 851+82+ of the established centerline of the Transportation Project,
depicted as “I&M(P)” on the Plans.



 Burlington STP 5000(29)
 Quitclaim Deed of Easement, Parcel #10
 Burlington Estates, LLC
 Page 1 of 4




 Page 186 of 198
 A temporary easement to enter upon land of the Grantor, during the period of construction, to
construct a paved drive, in an area of 604 square feet, more or less, right of and between approximate
stations 851+23+ and 851+86+ of the established centerline of the Transportation Project, depicted as
“DRIVE(T)” on the Plans. This easement may include any associated slope work to accomplish
installation of the above referenced drive, including but not limited to grading, seeding and mulching the
associated slope areas.

 A permanent easement in an area of 680 square feet, more or less, right of and between
approximate stations 851+23+ and 851+86+ of the established centerline of the Transportation Project, to
install, construct, reconstruct, operate, repair, maintain, replace, patrol and remove overhead or
underground cable, lines, conduits, poles, guys, anchors, braces, fixtures, and appurtenances thereto,
hereinafter referred to as facilities, as necessary for the transmission of power and telecommunications
under, upon, or across land of the Grantor, depicted as “UE(P)” on the Plans. This easement also includes
the perpetual right to cut, trim, and remove all trees, shrubs, bushes, underbrush, and other items, as
determined necessary by the City of Burlington, for the safe and efficient operation and maintenance of
the facilities. The Grantor, its successors, and/or assigns, will not, without the prior written permission of
the City of Burlington: erect or permit the erection of any building or any other structure; plant or permit
the growth of any trees or bushes; change the grade or permit the change of grade, or fill or excavate
within this easement area which will adversely affect the maintenance and operation by the City of
Burlington, its successors and assigns.

 The relocation and installation of the stairs, retaining wall and walkway; the grading and
restoration of the yard; and the reconstruction/replacement of the front porch within the “CONST (T)”
and “1&M(P)” easement areas described above shall be carried out in general accordance with the plan
entitled: “Burlington STP 5000(29)” dated May 15, 2026 and attached as Exhibit A.

 The temporary easements conveyed hereby will expire upon the earlier of: (1) March 1, 2036; or
(2) thirty (30) days after the date of completion of Transportation Project-related construction on
Grantor’s Property.

 The Grantor, and its successors and assigns, shall have the right to make use of the surface of the
lands and premises subject to the easement rights granted herein, provided that such use is not
inconsistent with the easement rights of the Grantee.

 Grantee, for itself and its successors and assigns, by the acceptance of the Quitclaim Deed, agrees
to-the following: (i) all use of Grantor's Property and all work on or in connection with the Transportation
Project shall be made_by or performed at Grantee's sole cost and expense and in accordance with the
conditions and requirements set forth on the Plans and all permits and approvals applicable to the
Transportation Project; (ii) to provide Grantor with reasonable advance notice prior to accessing the
easement areas for any construction or maintenance work which requires heavy equipment and/or which
requires disruption of utility services to the building located on Grantor’s Property; (iii) at the conclusion
of any work within the easement areas, to promptly restore any damage to Grantors’ real or personal
property affected by Grantee’s entry into the easement areas, at its own cost and within a reasonable time,
reasonable wear and tear excepted; (iv) to comply with all applicable laws, ordinances, rules, and
regulations, including any applicable environmental laws, with respect to the exercise of its rights under
the easements herein conveyed and to maintain all improvements located within the easement areas in
good, safe operating condition and in compliance with all laws, rules, permits and ordinances; and (v) to


 Burlington STP 5000(29)
 Quitclaim Deed of Easement, Parcel #10
 Burlington Estates, LLC
 Page 2 of 4




 Page 187 of 198
maintain adequate insurance to cover Grantee’s obligations hereunder and require all contractors to
maintain adequate insurance when entering onto or performing work on Grantors’ Property.

 The easements and/or rights conveyed herein may also be subject to easements, rights of way,
restrictions, obligations, municipal, state, and other regulatory permits as may appear of record in the City
of Burlington land records.

 Any permanent easement conveyed herein includes the right for Grantee and its successors and
assigns, in its or their sole discretion, as may be needed for transportation purposes, to construct, inspect,
maintain, reconstruct, and replace all project-related improvements located within the permanent
easement area.

 TO HAVE AND TO HOLD all of Grantor’s right and title in and to said quitclaimed Premises,
with the appurtenances thereof, unto the said Grantee, CITY OF BURLINGTON, and its successors and
assigns forever.

 AND FURTHERMORE, the said Grantor, BURLINGTON ESTATES, LLC, for itself, and its
successors and assigns, does covenant with the Grantee, CITY OF BURLINGTON and its successors
and assigns, that from and after the ensealing of these presents the said Grantor will have and claim no
right in or to the said quitclaimed Premises.

 IN WITNESS WHEREOF, Burlington Estates, LLC, does hereby execute this Quitclaim Deed by
its Duly Authorized Agent this29 day of _/“@y . 2026.


 BURLINGTON ESTATES, LLC
 _
 By: Meoassa yen Igomer)

 Its: Loi:
 —— ~ and duly auipgrized agent
STATE OF NEW YORK
WESTCHESTER COUNTY, SS.
 1%
 At Ossining, New York, this 25+ day of Hay , 2026,

personally appeared Marissa Toomey, duly authorized agent of Burlington Estates, LLC, and she
acknowledged the foregoing instrument by her subscribed to be her free act and deed, and the free act and
deed of Burlington Estates, LLC.

 ey


 Signature ofNetary Public

 Havaciy Espinezo.
 MAURICIO FSPINOZA Print name of Notary Public
 MOTAR citation Ne OlFSeatisoe Commission No. OLESGUO\ 30
 Qualified in Westcheater County
 Commission Expires December 09,
 (My commission expires (2 10% /2e27)


 Burlington STP 5000(29)
 Quitclaim Deed of Easement, Parcel #10
 Burlington Estates, LLC
 Page 3 of 4




 Page 188 of 198
 Page 189 of 198
 RIVERSIDE/COLCHESTER AVE a
 (US ROUTE 2/7)
 CURVE (2) bance
 RIVERSIDE AVE (US ROUTE 2/7) DELTA = 25°25'52"
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 CURVE (1) D = 19°05'55*
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 DELTA = 21°36'06" R = 300,00"
 D = 19°05'5S* T = 67,69"
 CONCEPTUAL TEMPORARY R = 300,00'
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 REMOVE /RESET CONSTRUCTION LIMITS
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 \ ‘, CONCEPTUAL TEMPORARY SCALE I" = 20°-0" FILE NAME: 222)35!.bdr.don PLOT DATE: I5-MAY-2026
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 PROJECT LEADER: J, OLUND ORAWN BY: C. TOBIN
 ell CONSTRUCTION LIMITS
 DESIGNED BY: C, TO BIN CHECKED BY: S, SPEAR
 ae Pas . (TYP) LAYOUT SHEET | SHEET on OF
 Board of Finance and City Council Submission Checklist
 Version: April 2025

 Department: DPW Technical Services Submitter: Madeline Suender

 Title/Subject: Winooski River Bridge/COBRI Intersection – Condemnation Process

 Approval Requested: Meeting Date:
 ☐ Board of Finance Click or tap to enter a date.
 ☒ City Council – Special 6/1/2026
 Meeting with Mayor
 Presiding
 ☐ Both BOF and Council Click or tap to enter a date.

Instructions
 1. This form must be completed by the person submitting the materials.
 2. This form must be sent with the final submission of materials in advance of the meeting.
 3. Do not indicate that a sign-off was received until it has actually been obtained.
 4. Commission reports and presentations do not need to be reviewed by the CAO or Attorneys.
 5. Name the reviewing Attorney or HR Manager in the Note column.



 Signoff Needed Received? Approval Date Note
 Department Head Yes 5/27/2026 C. Spencer
 Mayor’s Office Yes 5/28/2026 K. Alnasrawi
 Board/Commission Yes 5/21/2026 City Council with Mayor Presiding
 City Attorney’s Office for memo and Yes 5/27/2026 K. Sturtevant
 contracts or legal documents
 City Attorney’s Office for memo and Yes 5/27/2026 K. Sturtevant
 motion(s) or resolution(s)
 CAO for budget, financing, and memo Yes 5/27/2026 K. Schad
 Human Resources, if personnel action N/A Click or tap to Click or tap here to enter text.
 or policy enter a date.
 CIO, if IT-related N/A Click or tap to Click or tap here to enter text.
 enter a date.




 Page 190 of 198
 Resolution Relating to RESOLUTION_______
 Sponsor(s): Councilor Bergman
 THE APPOINTMENT PROCESS FOR COMMISSION/ Introduced: ____________________
 BOARD APPOINTMENTS Referred to:____________________
 ______________________________
 Action: _______________________
 Date: _________________________
 Signed by Mayor: _______________

 CITY OF BURLINGTON
 In the year Two Thousand Twenty-Six……………………………………………………………………….
 Resolved by the City Council of the City of Burlington, as follows:


 1 WHEREAS, it is critical to the effective and representative functioning of the City’s boards and
 2 commissions that candidates be recruited broadly from throughout the community, that the consideration of
 3 applicants be predictable, consistent and nonpartisan, and that the candidate review and selection process be
 4 transparent and open to the public; and
 5 WHEREAS, following a multi-year pilot process and review by the Charter Change Committee that
 6 included feedback from applicants, councilors, and other participants in the process, the City Council adopted
 7 a Nominating Committee process for board and commission appointments in 2014; and
 8 WHEREAS, the 2014 resolution established a Nominating Committee consisting of four councilors
 9 appointed by the City Council President, one of whom is designated as chair, and the Mayor or the Mayor's
10 designee, to review applications and recommend a slate of candidates for consideration by the City Council or
11 City Council with Mayor Presiding; and
12 WHEREAS, it is important to clarify and strengthen the structure of the Nominating Committee and its
13 practices; and
14 WHEREAS, maintaining a consistent and transparent appointment process strengthens public
15 confidence in City government and ensures that all applicants are afforded an equitable opportunity to be
16 considered for service;
17 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following
18 Nominating Committee process for appointments to boards and commissions informed by Council resolution
19 in 2014 for nominations made in 2026, while directing the Charter Change Committee to review and propose
20 improvements to both the 2027 nominating committee process and the application process by April 1, 2027,
21 with certain clarifications and improvements herein:
22 1. The Nominating Committee shall continue to consist of four councilors appointed by the City
23 Council President, and the Mayor or their designee. The four City Councilors selected should fairly
24 represent the political affiliations of the full City Council.




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 Page 2
 Resolution Relating to REITERATION OF APPOINTMENT PROCESS FOR COMMISSION/
 BOARD APPOINTMENTS


25 2. The chair of the Nominating Committee will be selected from among its five members by mutual
26 agreement of the Mayor and City Council President. If the Mayor and City Council President are
27 unable to reach mutual agreement, the City Council President will designate a member to serve as
28 chair when the Committee considers appointments made by the City Council, and the Mayor will
29 designate a member to serve as chair when the Committee considers appointments made by the City
30 Council with Mayor Presiding.
31 3. The Nominating Committee will work to create a slate of one candidate for each open position.
32 Placement on the slate will require the unanimous agreement of Committee members present and
33 voting. If unanimous agreement is unattainable, the Committee may by a majority of those present
34 and voting forward two or more recommended applicants to the City Council or City Council with
35 Mayor Presiding for their consideration.
36 4. A Nominating Committee meeting schedule will be set to begin after the application deadline for
37 annual appointments closes. In accordance with Vermont Open Meeting Law, these meetings will
38 be warned, open to the public, and include an opportunity for public comment.
39 5. All applicants will be given an opportunity to address the Nominating Committee during
40 consideration of the vacancy for which they have applied.
41 6. Consideration for an appointment requires that all applicants, including incumbents, file an
42 application. Incumbents are not presumed to be reappointed. Neither the prior attendance record nor
43 the prior voting record of an incumbent candidate for reappointment shall be a basis for automatic
44 disqualification from consideration.
45 7. The Nominating Committee will convey its slate to the Clerk/Treasurer’s Office, which will notify
46 each applicant whether they are on the recommended slate. The Nominating Committee will then
47 present the slate to the City Council and City Council with Mayor Presiding at a meeting no later
48 than the end of June. Members of the City Council or City Council with Mayor Presiding may adopt
49 the slate as presented or may nominate a candidate from the floor for any position.
50
51 LG/Resolutions 2026/Appointment Process for Commission/Board Appointments
52 5/28/26




 Page 192 of 198
 Resolution Relating to RESOLUTION_______
 Sponsor(s): Councilor Bergman
 APPOINTMENT PROCESS FOR COMMISSION/ Introduced: ____________________
 BOARD APPOINTMENTS Referred to:____________________
 ______________________________
 Action: _______________________
 Date: _________________________
 Signed by Mayor: _______________

 CITY OF BURLINGTON
 In the year Two Thousand Twenty-Six……………………………………………………………………….
 Resolved by the City Council of the City of Burlington, as follows:


 1 That WHEREAS, pursuant to Burlington City Charter Article 37, Section 120, the Council with Mayor
 2 Presiding appoints members of the following boards:
 3 • Board of Assessors
 4 • Board of Tax Appeals
 5 • Board of Public Works Commissioners
 6 • Board of Cemetery Commissioners
 7 • Board of Light Commissioners
 8 • Board of Fire Commissioners
 9 • Board of Health
10 • Board of Airport Commissioners
11 • Board of Police Commissioners
12 • Board of Parks and Recreation Commissioners
13 • Board of Library Commissioners
14 • Board of Planning Commissioners; and
15 WHEREAS, as the presiding officer over these appointments, the Mayor has the authority to establish
16 guidelines around the process by which appointments to the named boards are made; and
17 WHEREAS it is critical to the effective and representative functioning of the City's boards and
18 commissions that candidates be recruited broadly from throughout the community, that the consideration of
19 applicants be predictable, consistent and nonpartisan, and that the candidate review and selection process be
20 transparent and open to the public;
21 NOW, THEREFORE, BE IT RESOLVED that pursuant to Burlington City Charter Article 37, Section
22 120, members of the following boards are to be appointed by the City Council with Mayor Presiding:
23 • Board of Assessors




 Page 193 of 198
 Page 2
 Resolution Relating to APPOINTMENT PROCESS FOR COMMISSION/ BOARD
 APPOINTMENTS


24 • Board of Tax Appeals
25 • Board of Public Works Commissioners
26 • Board of Cemetery Commissioners
27 • Board of Light Commissioners
28 • Board of Fire Commissioners
29 • Board of Health
30 • Board of Airport Commissioners
31 • Board of Police Commissioners
32 • Board of Parks and Recreation Commissioners
33 • Board of Library Commissioners
34 • Board of Planning Commissioners; and
35 BE IT FURTHER RESOLVED that as the presiding officer over these appointments, the Mayor has
36 established the following guidelines:
37 1) A committee consisting of one representative from each political party caucus and one
38 representative from the Mayor’s Office will review applications for all vacancies;
39 2) A meeting schedule will be established after the deadline for applications closes;
40 3) Review meetings will be warned and open to the public;
41 4) The Mayor’s Office representative will Chair the meetings and will create the meeting agendas;
42 5) Review meetings will include a public comment period;
43 6) All applicants will be given an opportunity to address the committee during consideration of the
44 vacancy for which they have applied;
45 7) Incumbents will be required to submit applications for consideration and are not presumed to be
46 reappointed;
47 8) Neither the prior attendance record nor the prior voting record of an incumbent candidate for
48 reappointment shall be a basis for automatic disqualification from consideration.
49 LG/Resolutions 2026/Appointment Process for Commission/Board Appointments
50 5/28/26




 Page 194 of 198
Page 195 of 198
Page 196 of 198
Page 197 of 198
Page 198 of 198

BURLINGTON CITY COUNCIL WITH MAYOR PRESIDING
 CONTOIS AUDITORIUM, 149 CHURCH STREET, 2ND FLOOR
 MINUTES OF MEETING
 June 1, 2026




1. Agenda
1. Agenda
Mayor Mulvaney-Stanak convened the meeting at 7:22 pm.
Members present: Councilors Barlow, Bergman, Carpenter, Grant, Litwin, Neubieser, Sanchez-Parkinson,
Schachter, Singh, City Council President Traverse and Mayor Mulvaney-Stanak (all in person); Councilors
Broderick, McKnight (both online)
Others present: City Attorney Brown, CAO Schad, COS Gerlach, Deputy COS Zakaras and Lori Olberg

Subject 1.1. Motion to adopt agenda
Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026,
 7:05 PM, Contois Auditorium, 149 Church Street, 2nd Floor


Category 1. Agenda

Department Council and Board


Type Action
 Procedural


Recommended Action Motion to adopt agenda
1.1. Motion to adopt agenda
Motion made by Councilor Bergman, seconded by Councilor Traverse, to adopt the agenda as
presented. Motion passed unanimously.


2. Deliberative Agenda
2. Deliberative Agenda

Subject 2.1. Colchester Riverside Barrett: Intersection Project - Burlington STP
 5000(29) Compensation Hearing - DPW
Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026,
 7:05 PM, Contois Auditorium, 149 Church Street, 2nd Floor


Category 2. Deliberative Agenda

Department Public Works Department


Type Action
Recommended Action We respectfully request the City Council with Mayor Presiding take one of the
 following actions: Either:
 A. Approve a motion to close the compensation hearing and direct City Staff to
 prepare an Order Determining Damages for all properties considered at this
 Hearing.
 OR, alternatively, if the City Council decides more time is required:
 B. Approve a motion to continue the compensation hearing to the Council’s June
 15, 2026 meeting.
2.1. Colchester Riverside Barrett: Intersection Project - Burlington STP 5000(29) Compensation Hearing -
DPW

Stephen Spear (HNTB), Barbara Dimick-Rowell (VTrans), Michael LaCroix (VTrans): all online.

Madeline Suender and Laura Wheelock (DPW) and Kristen Shamis (MS Law): all in person.



Mayor Mulvaney-Stanak reopened the compensation hearing at 7:23 pm.

Kristen Shamis conveyed that PO 1 and PO 10 had been settled out of the hearing and were no longer to be
considered regarding the hearing.

Kristen Shamis noted the VTrans ROW manual to review.

Councilor Singh asked about the change in access and what would be compensable. He described an
example regarding stairs.

Kristen Shamis noted the amount of compensation recommended in the submitted exhibit.

Motion made by Councilor Traverse, seconded by Councilor Bergman, to close the hearing and determine the
order of compensation.

Roll call vote taken:

Ayes: Councilors Barlow, Bergman, Broderick, Carpenter, Grant, Litwin, McKnight, Neubieser, Sanchez-
Parkinson, Schachter, Singh, Traverse and Mayor Mulvaney-Stanak.




Subject 2.2. Resolution: Appointment Process For Commission Board Appointments
 (Councilor Bergman)
Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026,
 7:05 PM, Contois Auditorium, 149 Church Street, 2nd Floor


Category 2. Deliberative Agenda

Department Mayor's Office


Type Action
 Resolution


Recommended Action waive the reading and adopt the resolution
2.2. Resolution: Appointment Process For Commission Board Appointments (Councilor Bergman)
Motion made by Councilor Bergman, seconded by Councilor Sanchez-Parkinson, to waive the reading and
adopt the resolution.
Motion made by Councilor Schachter, seconded by Councilor Carpenter, to adopt the revised version of this
resolution which was friendly to both Councilors Bergman and Sanchez-Parkinson.
Roll call vote taken:
Ayes: Councilors Barlow, Bergman, Broderick, Carpenter, Grant, Neubieser, Sanchez-Parkinson, Schachter,
Singh and Mayor Mulvaney-Stanak
Nays: Councilors Litwin, McKnight and Councilor Traverse


3. Adjournment
3. Adjournment

Subject 3.1. Motion to adjourn
Meeting June 1, 2026 - City Council With Mayor Presiding Meeting - Monday, June 1, 2026,
 7:05 PM, Contois Auditorium, 149 Church Street, 2nd Floor


Category 3. Adjournment

Department Council and Board


Type Action
 Procedural


Recommended Action Motion to adjourn
3.1. Motion to adjourn
Mayor Mulvaney-Stanak adjourned the meeting at 8:10 pm.