reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XI - Louisiana Transportation Authority › Chapter 1 - Toll Exemptions-LA 1 › Section XI-101 - Exempt Entities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				entities which own vehicles shall have free and unhampered passage on LA 1 when
				the entity-owned vehicle is being utilized.
1.
				Law Enforcement
a. Free passage shall be
				granted to all law enforcement personnel who are employed on a full-time basis
				and operate law enforcement agency equipment.
b.
Law Enforcement Agency
,
				for purposes of this Rule shall mean any agency of the state or its political
				subdivisions and the federal government who are responsible for the prevention
				and detection of crime and the enforcement of the criminal, traffic or highway
				laws of this state or similar federal laws and who are employed in this state.
				Officers who serve in a voluntary capacity or as honorary officers are not
				included.
c. Agencies which meet
				the above criteria shall include the Louisiana State Police, enforcement
				division agents of the Louisiana Department of Wildlife and Fisheries, sheriffs
				departments, levee board police departments, port police departments, the
				United States Secret Service, the United States Marshall Service and the
				Federal Bureau of Investigation exclusively.
d. The right of free passage for the state
				police and law enforcement personnel shall be exercised only by means of
				automatic vehicular identification toll tags.
e. Upon the written request of the
				superintendent of state police or the head of an eligible law enforcement
				agency and payment of the required fee, the department shall issue the number
				of automatic vehicular identification toll tags requested for use in connection
				with the exemption from tolls.
f. A
				reasonable fee shall be charged to offset the cost of the toll tags.
g. The use of the automatic vehicular
				identification toll tags provided shall be limited to crossings made by state
				police with state police equipment and by designated law enforcement personnel
				with law enforcement agency equipment. The appropriate law enforcement agency
				shall be responsible for any crossing made using the automatic vehicular
				identification toll tag outside the scope of the exemption from
				tolls.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XI - Louisiana Transportation Authority › Chapter 3 - Toll Appeal Procedure -LA 1 › Section XI-301 - Appeal Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				addition to the appropriate statutory provisions, the following procedures
				shall be followed by the applicant for appeal:
1. the request for appeal may be mailed to
				the department by the toll violator;
2. the request for appeal may also be mailed
				in electronic format to the department; or
3. the request for appeal may be mailed to
				the department on a form provided by the department upon request.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XI - Louisiana Transportation Authority › Chapter 3 - Toll Appeal Procedure -LA 1 › Section XI-303 - Appeal Procedures - LA 1

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In addition to the appropriate statutory provisions, the following procedures
				shall be applied to the appeal process of toll violations at LA 1.
1. Notice of the date, time and location of
				the appeal hearing shall be sent to the toll violator by mail or electronic
				mail 10 days in advance of the scheduled hearing.
2. Location of the hearing may alternate
				between the customer service center in Golden Meadow, 1821 South Alex Plaisance
				Blvd. (Hwy. 3235) and the offices of the Crescent City Connection, 2001 Mardi
				Gras Blvd., New Orleans, LA, unless otherwise notified.
3. Hearings shall be conducted not less than
				quarterly.
4. The hearing agent
				shall be appointed by Louisiana Transportation Authority.
5. Only the registered owner of the violating
				vehicle may appear.
6. Rules of
				evidence or the Administrative Procedure Act are not applicable.
7. The hearing agent has the authority to
				waive administrative fees, in whole or in part, for good cause shown.
8. Failure to appear shall constitute denial
				of appeal.
9. Notice of decision
				shall be made in person or by mail or electronic mail.
10. Decision is final, subject to judicial
				review.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XI - Louisiana Transportation Authority › Chapter 3 - Toll Appeal Procedure -LA 1 › Section XI-305 - Toll Equipment Malfunctions

Current through Register Vol. 50, No. 6, June 20, 2024
A. If it
				has been determined and properly documented by departmental personnel that the
				toll system was malfunctioning at a particular time, then tickets issued during
				that period of time may be segregated and dealt with by the violation clerk in
				accordance with the provisions of
				R.S.
				47:820.5.4(F)(5).
B. Proper documentation must include the date
				of the malfunction in the system, type of malfunction in the system and reason
				for invalidation of the ticket.
C.
				In the case of such malfunction, appeals of tickets issued during that time
				frame may be received by telephone, fax, or electronic mail and then will be
				properly documented by the appropriate departmental personnel. In addition, no
				administrative fees will be assessed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  47:820.5.4 and
				  820.5.5.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-101 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The
				purpose of this Part is to promulgate rules to implement the Uniform Relocation
				Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601  et seq.), in accordance with the following objectives:
1. to ensure that owners of real property to
				be acquired for federal and federally-assisted projects and state projects are
				treated fairly and consistently, to encourage and expedite acquisition by
				agreements with such owners, to minimize litigation and relieve congestion in
				the courts, and to promote public confidence in federal and federally -assisted
				and state land acquisition programs; and
2. to ensure that persons displaced as a
				direct result of federal or federally-assisted or state projects are treated
				fairly, consistently, and equitably so that such persons will not suffer
				disproportionate injuries as a result of projects designed for the benefit of
				the public as a whole; and
3. to
				ensure that agencies implement these regulations in a manner that is efficient
				and cost effective.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-103 - Real Property Acquisition

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicability of Acquisition Requirements
1.
				General. The requirements of this Section apply to any acquisition of real
				property for a department project, and to projects where there is department
				financial assistance in any part of project costs except for:
a. voluntary transactions when the department
				or the acquiring agency has the power of eminent domain, but it will not
				acquire the property in the event negotiations fail to result in an amicable
				agreement, and the owner is so informed in writing;
b. the acquisition of real property from a
				federal agency, state, or state agency, if the department or the acquiring
				agency does not have the authority to acquire the property through
				condemnation;
c. projects or
				programs undertaken by the department or an acquiring agency or person that
				receives federal financial assistance but does not have authority to acquire
				property by eminent domain, provided that the department or the acquiring
				agency shall:
i. prior to making an offer for
				the property, clearly advise the owner that it is unable to acquire the
				property in the event negotiations fail to result in an amicable agreement;
				and
ii. inform the owner of what it
				believes to be fair market value of the property, based on an
				appraisal.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-105 - General Relocation Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. This Section prescribes general
				requirements governing the provision of relocation payments and other
				relocation assistance in this Part.
B. Applicability. These requirements apply to
				the relocation of any displaced person as defined at §101. B 7
C. Relocation Notices
1. General Information Notice. As soon as
				feasible, a person scheduled to be displaced shall be furnished with a general
				written description of the department's relocation program which does at least
				the following:
a. informs the person that he
				or she may be displaced for the project and generally describes the relocation
				payment(s) for which the person may be eligible, the basic conditions of
				eligibility, and the procedures for obtaining the payment(s);
b. informs the person that he or she will be
				given reasonable relocation advisory services, including referrals to
				replacement properties, help in filing payment claims, and other necessary
				assistance to help the person successfully relocate;
c. informs the person that he or she will not
				be required to move without at least 90 days' advance written notice (see
				§105. C 3), and informs any person to be displaced from a dwelling that he
				or she cannot be required to move permanently unless at least one comparable
				replacement dwelling has been made available;
d. describes the person's right to appeal the
				department's determination as to a person's application for assistance for
				which a person may be eligible under this Part.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-107 - Payments for Moving and Related Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Payment for Actual Reasonable Moving and
				Related Expenses-Residential Moves. Any displaced owner-occupant or tenant of a
				dwelling who qualifies as a displaced person (defined at §101. B.7 is
				entitled to payment of his or her actual moving and related expenses, as the
				department determines to be reasonable and necessary, including expenses for:
1. transportation of the displaced person and
				personal property. Transportation costs for a distance beyond 50 miles are not
				eligible, unless the department determines that relocation beyond 50 miles is
				justified;
2. packing, crating,
				unpacking, and uncrating of the personal property;
3. disconnecting, dismantling, removing,
				reassembling, and reinstalling relocated household appliances, and other
				personal property;
4. storage of
				the personal property for a period not to exceed 12 months, unless the
				department determines that a longer period is necessary;
5. insurance for the replacement value of the
				property in connection with the move and necessary storage;
6. 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;
7. other moving-related
				expenses that are not listed as ineligible under §107 E, as the
				department determines to be reasonable and necessary.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-109 - Replacement Housing Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Replacement Housing Payment for 180-Day Homeowner-Occupants
1. Eligibility. A displaced person is
				eligible for the replacement housing payment for a 180-day homeowner-occupant
				if the person:
a. has actually owned and
				occupied the displacement dwelling for not less than 180 days immediately prior
				to the initiation of negotiations; and
b. purchases and occupies a decent, safe, and
				sanitary replacement dwelling within one year after the later of the following
				dates (except that the department may extend such one year period for good
				cause):
i. the date the person receives final
				payment for the displacement dwelling or, in the case of condemnation, the date
				the required amount is deposited in the court; or
ii. the date the person moves from the
				displacement dwelling.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-111 - Mobile Homes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicability. This Section describes the requirements governing the provision
				of relocation payments to a person displaced from a mobile home and/or mobile
				home site who meets the basic eligibility requirements of this Part. Except as
				modified by this Section, such a displaced person is entitled to a moving
				expense payment in accordance with
				§107 and a replacement housing payment
				in accordance with
				§109 to the same extent and subject to
				the same requirements as persons displaced from conventional
				dwellings.
B. Moving and Related
				Expenses-Mobile Homes
1. A homeowner-occupant
				displaced from a mobile home or mobile homesite is entitled to a payment for
				the cost of moving his or her mobile home on an actual cost basis in accordance
				with §107. A. A non-occupant owner of a rented mobile home is eligible for
				actual cost reimbursement under §107. C However, if the mobile home is
				not acquired, but the homeowner-occupant obtains a replacement housing payment
				under one of the circumstances described at §111. C.1 c, the owner is not
				eligible for payment for moving the mobile home.
2. The following rules apply to payments for
				actual moving expenses under §107 A
a.
				A displaced mobile homeowner, who moves the mobile home to a replacement site,
				is eligible for the reasonable cost of disassembling, moving, and reassembling
				any attached appurtenances, such as porches, decks, skirting, and awnings,
				which were not acquired, anchoring of the unit, and utility hook-up
				charges.
b. If a mobile home
				requires repairs and/or modifications so that it can be moved and/or made
				decent, safe and sanitary, and the department determines that it would be
				economically feasible to incur the additional expense, the reasonable cost of
				such repairs and/or modifications is reimbursable.
c. A nonreturnable mobile home park entrance
				fee is reimbursable to the extent it does not exceed the fee at a comparable
				mobile home park, if the person is displaced from a mobile home park or the
				department determines that payment of the fee is necessary to effect
				relocation.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-113 - Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. This
				Section permits the department to fulfill its responsibilities under the
				Uniform Act by certifying that it shall operate in accordance with state laws
				and regulations which shall accomplish the purpose and effect of the Uniform
				Act, in lieu of providing the assurances required by §101 D
B. Certification Application
1. General
a. The state governor, or his or her
				designee, on behalf of any state agency or agencies may apply for certification
				in accordance with this Section.
b.
				The governor may designate a lead agency to administer certification in
				accordance with this Section.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 1 - Uniform Relocation Assistance and Real Property Acquisition for Federally and Federally-Assisted Programs and State Programs › Section XVII-117 - Statistical Report Form

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. Report Coverage. This report covers all
				relocation and real property acquisition activities under a federal or a
				federally assisted project or program subject to the provisions of the Uniform
				Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
				amended by Pub. L. 100-17, 101 Stat. 132.
2. Report Period. Activities shall be
				reported on a Federal Fiscal Year basis, i.e., October 1-September
				30.
3. Where and When to Submit
				Report. Submit an original and two copies of this report to "Name and Address
				of Federal Agency" as soon as possible after September 30, but not later than
				November 15.
4. How to Report
				Relocation Payments. The full amount of a relocation payment shall be reported
				as if disbursed in the year during which the claim was approved, regardless of
				whether the payment is to be paid in installments.
5. How to Report Dollar Amounts. Round off
				all money entries in Parts B and C to the nearest dollar.
6. Statutory References. The references in
				Part B indicate the Section of the Uniform Act that authorizes the
				cost.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 3 - Disposal of Excess Highway Right-of-Way by Department of Transportation and Development › Section XVII-301 - Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. It shall be the
				policy of the Department of Transportation and Development to require a $100
				processing fee from any person or entity desiring to purchase state-owned
				properties. When a request for purchase is received, an application form will
				be sent to the requestor requiring the $100 processing fee, together with
				acquisition data, map or survey, and other pertinent information concerning the
				desired property. If the property in question is approved for disposal, this
				$100 processing fee will be credited toward the purchase price of the property.
				In the event the disposal is not approved or a sale is not consummated, the
				$100 processing fee is non-refundable.
B. Purpose. The requirement of a processing
				fee is necessary to cover the cost of research and processing involved in
				disposal of immovable property.
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AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:221.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. A vital and very
				basic requirement of a right-of-way operation is the procurement of real estate
				appraisals, prepared by a competent and knowledgeable appraiser, which are
				complete and well documented.
B. Of
				no less importance is the need for appraisal reviews by a skilled and
				knowledgeable reviewer who is thorough, practical and complete.
C. The purpose of this rule is to provide fee
				appraisers and fee review appraisers with a handy reference for information on
				procedures, available materials and department requirements for real estate
				appraisal reports with the intention of standardizing procedures to insure
				uniform practices.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-503 - Overview of the Purpose of the Appraisal and Appraisal Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The laws of
				Louisiana provide that compensation must be paid for the value of real property
				or rights taken. The value of the real property or rights taken must be based
				on the premise of the highest and best use or the most profitable, legal and
				likely use for which a property may be utilized. The opinion of such use may be
				based on the highest and most profitable continuous use for which the property
				is adapted or likely to be used for a reasonable future time. However, elements
				affecting value which depend upon events or a combination of events which,
				while possible, are not reasonably probable, should be excluded from
				consideration. Also, if the intended use is dependent upon an uncertain act of
				another person, the intention cannot be considered.
B. The appraiser should perform an analysis
				of the market demand giving consideration to the highest and best use. Where a
				property is composed of more than a single highest and best use, the appraiser
				must type, value and support each portion separately, i.e., front land/rear
				land highest and best uses. Where different use and values of property are being acquired, each use and corresponding
				value must be stated separately thereby complying with the state laws and
				compensating for the full value of the partial acquisitions. Based on the
				highest and best use, the appraiser must set forth a reasonable and factual
				explanation indicating his/her support, reasoning and documented
				conclusions.
C. All market data,
				comparable sales, forms, etc., which are referred to within the report and are
				pertinent to the fair market value of the property being appraised, shall be
				collected and cited for the project and ownership for which the appraisals are
				being written. Simply referring to data used for other projects or appraisals
				is not acceptable.
D. All
				recognized appraisal procedures and approaches to value: the cost approach, the
				market approach and the income approach, which apply to the property under
				appraisement, are to be considered by the appraiser and utilized if found to be
				applicable. If an approach is found not applicable to the property being
				appraised, there shall be included a concise and detailed reasoning as to its
				shortcomings. The appraiser shall explain the reason(s) in the correlation of
				value as to why one or more approaches are more applicable to his/her estimate
				of market value and/or why the other approach or approaches are less applicable
				to the property being appraised.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-505 - Scope of Work

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDOTD,
				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.
B. The scope of work and
				development of an appraisal under these requirements depends on the complexity
				of the appraisal problem.
C. The
				LDOTD has the responsibility to assure that the appraisals it obtains are:
1. relevant to its program needs;
2. reflect established and commonly accepted
				Federal and federally assisted program appraisal practice, and
3. as a minimum, complies with the
				definitions of "appraisal" in  49 CFR §
											24.2 (a)(3).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-507 - Application for Approval as Fee Appraiser (Formerly Section 509)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application must
				be submitted to the Real Estate Administrator prior to inclusion of said
				appraiser on the LDOTD Approved Panel of Fee Appraisers. The form asks several
				general questions concerning the appraiser's personal and appraisal background
				in order to gain insight into the appraiser's experience, qualifications and
				training. If qualified, the appraiser may complete that section of the
				application for inclusion within said application. Upon completion of the
				application and acceptance by the Appraisal Office, the Assistant Real Estate
				Administrator will recommend to the Real Estate Administrator that the
				appraiser be placed on the Approved Panel of Fee Appraisers. Upon approval, the
				Assistant Real Estate Administrator will notify the appraiser of his/her
				approval and request that the appraiser read and sign one of two copies of the
				Agreement for Appraisal Services and return a single copy to the Appraisal
				Office for processing.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-509 - Qualifications of Fee Appraisers (Formerly Section 507)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the appraiser's initial request for a
				Fee Appraiser Application Packet, the Assistant Real Estate Administrator will
				notify the appraiser of the receipt of the request and provide the necessary
				forms to be completed. Those forms will include a letter stating the minimum
				requirements to be considered for employment by the LDOTD Appraisal Office. If
				the appraiser meets the qualification requirements of the LDOTD and is approved
				for employment, he/she will be included on the Approved Panel of Fee
				Appraisers. The minimum requirements for acceptance of Fee Appraisers on the
				LDOTD's Approved Panel of Fee Appraisers are as follows.
1. The appraiser must be a Certified
				Appraiser pursuant to the Louisiana Certified Real Estate Appraiser
				Law.
2. The appraiser must follow
				the appraisal standards as set forth by the Uniform Standard of Professional
				Appraisal Practice (USPAP).
3. The
				appraiser must follow the appraisal standards as set forth by the Uniform
				Appraisal Standards for Federal Land Acquisitions (UASFLA).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-511 - Conduct of Appraiser (Formerly Section 505)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each fee appraiser is a representative of
				the Louisiana Department of Transportation and Development. It is important
				that he/she be courteous and considerate in dealing with the property owners or
				their representatives. This is particularly important since the appraiser may
				be the first LDOTD representative to make contact with the owners.
B. The appraiser shall include documentation
				to indicate the date and extent of his contact with the property owners. Should
				the appraiser fail to contact the owners, he/she shall document the efforts to
				locate the owners. It is recommended that contact be made initially by
				certified letter as a method of documentation. The appraiser should not express
				to the owners, owner's representatives or any occupants an opinion relating to
				the value he/she might establish for this or any other properties upon the
				project.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-513 - Fee Review Appraiser Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only those individuals on the Approved
				Panel of Fee Appraisers can be considered for fee review appraisal assignments.
				The minimum requirements for a fee review appraiser are as follows:
1. the appraiser must be Certified General
				Appraiser pursuant to the Louisiana Certified Real Estate Appraiser
				Law;
2. must have a minimum of four
				years full time experience in appraising real property for a condemning
				authority;
3. must have experience
				in appraising the types of properties within the scope of work for the project
				under consideration and/or any other requirements deemed relevant for the
				project under consideration;
4. the
				appraiser must follow the appraisal standards as set forth by the Uniform
				Standards of Professional Appraisal Practice (USPAP);
5. the appraiser must follow the appraisal
				standards as set forth by the Uniform Appraisal Standards for Federal Land
				Acquisitions.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-515 - Agreement for Appraisal Services (Formerly Section 511)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Agreement for Appraisal Services is a
				document which every fee appraiser employed by the LDOTD is required to sign.
				The agreement sets out the parameters within which the department and the
				appraiser will co-operate as well as sets forth the details and requirements
				that must be met within the appraisal report. The appraiser should be very
				familiar with all of the requirements contained within this agreement. The
				signed form, after its execution, will be placed in the appraiser's file and
				need not be re-signed with each contract.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-517 - Contract for Appraisal Services (Formerly Section 513)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Contract for Appraisal Services is the
				form utilized by LDOTD in obtaining the services of fee appraisers on a given
				project. The contract sets forth the requirements for each appraisal requested
				and sets a completion date by which the assignment must be submitted. The
				contract binds LDOTD and the fee appraiser until such time as the assignment is
				complete or the contract has been terminated. However, work on a contract
				should not begin until a "Letter of Authorization" is received instructing the
				appraiser to begin.
B. The
				appraiser should examine the agreement in detail and should be particularly
				aware of the time element set up within the contract. The LDOTD operates its
				construction program through a schedule of contract letting and the appraiser's
				failure to meet the time requirement of the contract can have damaging effects
				upon the overall completion of a project.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-519 - Contract Extensions (Formerly Section 515)

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the policy of LDOTD that contract
				completion dates shall not be extended past the original due date. However,
				while all due diligence should be taken to meet the contract requirements, it
				is sometimes necessary to extend a contract. Just cause must be documented by
				the appraiser and a letter of request presented to the LDOTD Appraisal Office
				with adequate lead time to process the request through the appropriate channels
				prior to the contract completion date. In the event a completion date is not
				met and an extension has not been granted, the contract will be considered
				voided. Payment cannot be made for outstanding appraisals. At the discretion of
				the Appraisal Office, it may become necessary to contract another appraiser to
				complete the project assignment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-521 - Appraisal Formats (Formerly Section 519)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Appraisals are to be reported, in most
				cases, on Forms A, B or C. Please refer to the format illustrations included
				within the body of this handbook.
B. All formats will include, but are not
				limited to, the applicable pages listed within the individual formats; a
				certificate of the appraiser, comparable sales and maps, improvements, floor
				plans and/or plot plans, flood maps, zoning maps, provided right of way maps,
				statement of limiting conditions, any references made during the report, a copy
				of the owner's notification letter, property inspection documentation and the
				estimate of compensation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-523 - Interest Being Appraised (Formerly Section 521)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The interest being appraised is full
				ownership, less mineral rights. Each appraisal will show an estimated value of
				the total interest held. No breakdown of individual interests, other than lease
				fee/leasehold interests, held in the ownership should be made except as
				specifically instructed by the LDOTD. However, servitude and/or similar
				encumbrances on properties being appraised should be investigated and reported
				within the appraisal report.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-527 - Land Valuation

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the
				determination of land values, a careful and thorough investigation of sales of
				nearby comparable lands is to be made. The report is to include sufficient
				information to show that the appraised values of land are adequate, reasonable
				and well supported by actual comparable sales. Any adjustments made to a
				comparable sale will be fully supported and soundly reasoned based upon facts
				gathered within the local real estate market of the project assignment. In the
				case of a special use property or a limited local market, the appraiser may
				search for comparable data and utilize any data located outside of the actual
				market area of the subject project. These requirements apply to an after value
				appraisal as well.
B. When an
				appraiser is assigned to a project, he/she will be required to compile and
				submit all comparable sales data to the LDOTD Appraisal Office. This is
				generally referred to as the Master Binder. This Master Binder will be
				submitted by a prearranged date as set out in the Contract for Appraisal
				Services or verbally agreed upon between the Review Appraiser and the Fee
				Appraiser.
C. The LDOTD Appraisal
				Office may furnish market data forms to the appraiser upon request. These forms
				are to be used in all cases to report the market data information developed by
				the appraiser. The appraisers may develop their own forms but must include the
				information required within the LDOTD form.
D. It is not considered improper for an
				appraiser to obtain information about a sale from another appraiser provided
				the information is limited to factual information such as vendor, vendee,
				consideration, recordation, date of sale and legal description. The comparable
				information received from another appraiser should not include any analysis of
				the comparable sales, i.e., breakdown of land and improvements, analysis of a
				time factor or any other adjustment. The appraiser of record through
				verification or their own judgment must determine those items. This
				verification must be made with a party to the sale, i.e., seller, buyer, the
				closing agency, the broker handling the transaction and the verification of
				recordation which is the only avenue of verification not based upon statements
				of persons other than the appraiser(UASFLA Section B-4, page 38)(49CFR, Part
				24, Subpart B, 24.103).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-529 - Valuation of the Entire Tract

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				value determined for an entire tract is to be the value before the acquisition
				of the required rightofway absent
				of any influence of the proposed project construction. The estimated value
				shall be as of the date of the appraisal study unless the appraiser is
				otherwise instructed by the project review appraiser or within the Contract for
				Appraisal Services.
B. 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, is to be disregarded in determining the compensation for the
				required property.
C. Under most
				circumstances, the value estimate is to include the entire tract, based upon
				the highest and best use, and is to include all items of real property unless
				instructed otherwise within the Contract for Appraisal Services. The appraiser
				may include only a portion of a whole property if, in the highest and best use
				determination, he/she finds that the portion of the ownership affected by the
				acquisition is a separate "Economic Use Tract"; the determination is supported
				and clearly understandable; and the review appraiser concurs in the
				determination.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-531 - Valuation of the Remainder

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				value estimate attributed to the remainder is a separate and singular appraisal
				problem. The appraiser is required to perform a complete appraisal of the
				remainder.
B. Reference may be made
				to factual data contained within the "before" appraisal as it pertains to the
				after appraisal. However, the Appraiser is to separately analyze and document
				the data to form his/her conclusions within the "after" appraisal.
C. The estimated value of the remainder is to
				be a realistic appraisal of value. It is required that the appraiser employ all
				three approaches when they are applicable to the appraisal problem. If and when
				an approach is not considered applicable, justification shall be
				provided.
D. The remainder value is
				not simply a value representing the difference between the value of an entire
				tract or use tract less the value of the required rightofway, but is
				a well-supported and carefully analyzed value estimate.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-533 - Valuation of the Improvements

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				buildings or other improvements are located partially or wholly within the
				proposed rightofway, the appraisal is to be made on the basis that
				the LDOTD will purchase the improvements. In only a few rare situations will an
				appraisal be made on the basis of the purchase of a portion of a major
				improvement or the cost to relocate a major improvement onsite. In such situations, the appraisal report is
				to fully explain the justification for not buying the entire building. In
				assigning appraisals, the project Review appraiser will specify whether an
				improvement will be purchased or a cost-to-cure will be provided for the
				appraiser's use.
B. In the case of
				a severed building that is not specified as a whole acquisition, the appraiser
				shall include within the report the cost to restore the remaining improvement
				to its former utility and usefulness. A cost-to-cure does not necessarily
				alleviate other damages to an improvement or a remainder. Other damages may
				include a loss of utility or a change in access.
C. In some instances, an improvement is
				located substantially outside of the rightofway with
				only a minor portion projecting into the required area and removal of the
				portion within the rightofway would leave the major portion of the building
				reasonably suitable for use on the remaining site. When estimating damages
				under this scenario, the appraiser will be required to consider the more
				feasible of the two following possibilities:
1. the remainder of the improvements may
				possibly remain adjacent to the rightofway line
				with a possible loss of value due to its position relative to the new right of
				way coupled with other possible damages as discussed above; or
2. the entire improvement may be moved to a
				more advantageous location on the remaining site. In this case, the damage
				estimate would be based on the cost of moving the improvement and restoring it
				to a new location. These costs will not exceed the damages which would occur if
				the basis of the estimate were a cost to re-face a portion of the improvement
				located within the rightofway nor will they exceed the cost to purchase the
				improvement as a whole.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-535 - Completeness of Appraisal and Appraisal Reports (Formerly Section 539)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				investigation is to be thorough and the appraisal report is to furnish adequate
				and reasonable information that fully explains and justifies determinations
				contained within the appraisal report.
B. The appraiser must complete all applicable
				appraisal criteria in accordance with the LDOTD requirements and USPAP and
				UASFLA as set forth in the Agreement for Appraisal Services. Any departure
				shall require full justification.
C. The fee appraisal work required by the
				LDOTD involves properties required for projects in which federal or state funds
				are utilized. Therefore, all reports must meet FHWA requirements for each
				project assigned.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-539 - The Role of the Review Appraiser

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The review appraiser, whether staff or consultant, has an important function
				and duty to his employer and is an essential element in the overall valuation
				procedure. Theduties involved in the acceptable performance of his job include
				but are not limited to the following:
1.
				determines the scope of work for all fee consultants and/or staff utilized in
				the appraisal process. This includes appraisers, cost consultants, foresters,
				hydrologists, geologists, accountants, etc.;
2. provides contracts for all consultants
				based upon the determination of the scope of work;
3. supervises the appraisers and all other
				fee consultants employed for the duration of appraisal process;
4. insure that all reports utilized meet all
				applicable standards, policies, laws and regulations at both the state and
				federal levels;
5. verifies all
				data used in the appraisal reports with the appraisers providing the reports.
				This is to include inspecting subject properties and comparable
				sales;
6. substantiates that all
				factual data submitted by the appraisers is consistent. If not, the reviewer is
				to determine the correct data and have the discrepancies revised;
7. appraisal reports and/or other reports
				required for the appraisal process are approved only when it is determined the
				reports meet all laws, regulations, policies, procedures, etc. The review
				appraiser shall have all discrepancies or problems rectified prior to approving
				appraisal reports for negotiation. Reports that do not meet the qualifications
				shall not be approved and payment will not be forthcoming;
8. the review appraiser insures that value
				determinations are consistent based upon the criteria set forth to determine
				the market value of the properties being appraised. Inconsistencies shall
				always be corrected;
9.
				documentation of the review process shall be maintained within the project
				files;
10. the reviewer recommends
				the compensation due the property owner based upon the conforming reports
				provided. In the event the department utilizes a contract review appraiser, it
				will be understood the department shall approve the estimate of
				compensation;
11. review appraisers
				are also responsible for the inspection and approval of review assignments
				contracted to consultant review appraisers. This duty involves assuring the
				review is conducted in the manner stated above.