reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-541 - Establishment and Payment of Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Appraisal fees shall be established by the project review appraiser based upon
				a fee estimate compiled during on-site inspection of the subject project.
				Concurrence will be obtained from the appraiser prior to submission of a
				Contract for Appraisal Services. The fee schedule will be contained within the
				Contract for Appraisal Services and will delineate between the fee for
				individual reports and the total contract fee established for the subject
				project.
B. Invoices submitted by
				the appraiser shall consist of three copies or one if submitted electronically
				(e-mail). Each shall include the date, state project number, federal aid
				project number (if applicable), project title, route number and parish. Please
				note that the invoice must delineate between projects and parcels assigned to
				that particularly project. Also required within the invoice will be the
				contracted fee for each report submitted for disposition, a statement that
				payment has not been received for the submitted invoice and the appraiser's
				signature. A digital signature may be used for all forms submitted.
C. The LDOTD Appraisal Office will not
				process any invoice submitted by an appraiser for personal services rendered
				the LDOTD unless the fee has been previously established by written contract,
				approved by all necessary parties and authorization to proceed has been
				forwarded to the consultant. Invoices may not be dated or forwarded to LDOTD
				prior to the authorization date established within the Authorization to Proceed
				form letter forwarded to the appraiser by the LDOTD Real Estate
				Administrator.
D. In addition, no
				invoice will be paid prior to the project review appraiser's approval of the
				individual reports submitted, having found them to be satisfactory to the
				requirements of LDOTD as stated within the Contract for Appraisal Services and
				the Agreement for Appraisal Services. Any individual report found not to meet
				the necessary requirements as set forth shall be corrected by the appraiser to
				the satisfaction of the project review appraiser prior to payment of the agreed
				upon fee for that particular ownership. No payment will be made for reports
				submitted following the contracted assignment completion date. At that point,
				the contract is voided and a new contract must be approved and authorization
				received through the established channels prior to payment.
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-543 - Types of Appraisal Formats (Formerly Section 545)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon the receipt of approved right of way
				plans, the assigned project review appraiser will make an on-site inspection
				and examination of each parcel on the project. Based upon that inspection, the
				review appraiser will determine which appraisal format shall be necessary for
				each parcel or parcels based upon the complexity of the appraisal problem. That
				determination will include:
1. the number of
				appraisals;
2. the format of
				appraisals;
3. the estimated
				fees;
4. the estimated appraisal
				contract completion date.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-545 - Form A (Formerly $547)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				form is designed as a complete, detailed appraisal of an ownership, including
				all land and improvements, using all applicable approaches. In effect, this is
				two separate appraisals, "before" the acquisition and "after" the acquisition,
				pertaining to partial acquisitions only. Each segment, before and after, is to
				be completed in detail and separate from the other. All approaches to value are
				to be utilized in detail when applicable. Any feasibility study shall be
				included within the report.
B. This
				form will include the following pages or reasonable facsimiles of them within
				the report. All pages from the title page to the required exhibits shall be
				included. At the discretion of the appraiser, additional pages may be included.
				The following pages required are:
1. Before
				Acquisition Analysis:
a. Title
				Page;
b. Table of
				Contents;
c. Letter of
				Transmittal;
d. Summary of Salient
				Facts and Conclusions;
e. Basis for
				Summary of Fair Market Value;
f.
				Title Data;
g. Discussion of the
				Appraisal Problem;
h. Photos of the
				Subject Property;
i. Neighborhood
				Data;
j. Site Data;
k. Statement of Highest and Best
				Use;
l. Comparable Land Sales and
				Listings Analysis;
m. Correlation
				and Indication of Land Value;
n.
				Improvements;
o. Floor
				Plan;
p. Cost Data Approach to
				Value;
q. Source and Justification
				of the Cost Approach;
r. Market
				Data Approach to Value;
s. Income
				Data Approach to Value;
t.
				Correlation of the Whole Property Value and Allocation of Value;
u. Required Right of Way;
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-547 - Form B (Formerly Section 549)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The form is designed as a complete,
				detailed appraisal of an entire ownership, including all land and improvements
				using all applicable approaches unless instructed to do otherwise by the
				project review appraiser. This format is utilized most often to value an
				ownership that will be totally within a required area.
B. The following pages shall be required
				within the form. Other pages may be included at the discretion of the
				appraiser:
1. Title Page;
2. Table of Contents;
3. Letter of Transmittal;
4. Summary of Salient Facts and
				Conclusions;
5. Basis for Summary
				of Fair Market Value;
6. Title
				Data;
7. Discussion of the
				Appraisal Problem;
8. Photos of the
				Subject Property;
9. Neighborhood
				Data;
10. Site Data;
11. Statement of Highest and Best
				Use;
12. Comparable Land Sales and
				Listings Analysis;
13. Correlation
				and Indication of Land Value;
14.
				Improvements;
15. Floor
				Plan;
16. Market Data Approach to
				Value;
17. Income Data Approach to
				Value;
18. Cost Data Approach to
				Value;
19. Source and Justification
				of the Cost Approach;
20.
				Correlation of the Whole Property Value and Allocation of Value;
21. Required Right of Way;
22. Analysis of Other Considerations
				(Additional Compensation);
23.
				Final Estimate of Value;
24.
				Certificate of the Appraiser;
25.
				Addenda:
a. Assumptions and Limiting
				Conditions;
b. Vicinity, Strip and
				Remainder Maps;
c. Property
				Inspection Report;
d. Owner
				Notification Letter;
e. FIRM
				Maps;
f. Comparable Sales and
				Maps;
g. Zoning Maps (if
				applicable);
h. Estimate of
				Compensation;
i. Others at the
				discretion of the Appraiser and/or Review Appraiser.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-549 - Form C (Formerly Section 501)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The form is designed to be used only on
				simple acquisitions. The form does not require detailed discussions of the
				items listed, but the determinations made by the appraiser must be conclusive
				and based upon market support.
B.
				If during the appraisal assignment the appraiser finds that there are damages
				or benefits to the ownership by reason of the project, the appraiser is not to
				proceed with Form C but is to notify the project review appraiser. The review
				appraiser will then decide which form to utilize and will amend the appraisal
				contract to reflect those changes by format and fee schedule. Furthermore, when
				utilizing this form, it will be necessary for the appraiser to include the
				following statement within the body of the certificate:
"No damages or loss to the remainder of the owner's property
				  resulted from this partial acquisition, therefore, pursuant to LA.
				  R.S.
				  48:453 B, no after appraisal is
				  required."
C. The following
				pages are to be included within the report and may include others upon the
				discretion of the appraiser:
1. Title
				Page;
2. Table of
				Contents;
3. Letter of
				Transmittal;
4. Summary of Salient
				Facts and Conclusions;
5. Basis for
				Summary of Fair Market Value;
6.
				Title Data;
7. Photos of the
				Subject Property;
8. Neighborhood
				Data;
9. Site Data;
10. Statement of Highest and Best
				Use;
11. Comparable Land Sales and
				Analysis;
12. Correlation of Land
				Value;
13. Required Right of
				Way;
14. Certificate of the
				Appraiser;
15. Addenda:
a. Assumptions and Limiting
				Conditions;
b. Vicinity, Strip and
				Remainder Maps;
c. Property
				Inspection Report;
d. Owner
				Notification Letter;
e. FIRM
				Maps;
f. Comparable Sales and
				Maps;
g. Zoning Maps (if
				applicable);
h. Estimate of
				Compensation;
i. Others at the
				discretion of the Appraiser and/or Review Appraiser.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-551 - Estimate of Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				appraiser is to submit a Certificate of Estimate of Compensation as denoted by
				LDOTD. The certificate will state the estimated compensation due the owner for
				a particular acquisition. This form will be included within the addenda of the
				appraisal report for the use of LDOTD's Legal Division when filing suit, when
				necessary. Other copies of this form may be forwarded to the project review
				appraiser to be placed in the project file for later use.
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-553 - Personal Property

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				appraisal report should identify the items considered in the appraisal to be
				real property, as well as those identified as personal property.
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-555 - Signs

Current through Register Vol. 50, No. 6, June 20, 2024
A. When estimating
				the market value of on-site advertising signs for businesses, whether owner
				occupied or not, the market value of the sign will be determined by the
				Appraiser (ex.: RCN - DEPR. = MV).
B. Off-site advertising signs (billboard)
				values are determined by the appraiser based upon the market value (ex.: RCN -
				DEPR. = MV). The review appraiser will then provide, with the help of a
				construction cost consultant, the replacement cost new of this type of sign to
				be included within the recommended offer as per LDOTD policy. If the sign can
				not be replaced; then, other means of valuation may be utilized.
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-557 - Items Excluded from Appraisals (Formerly Section 517)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Typically,
				moving expenses of owners and tenants rightfully in possession of real estate
				are reimbursable in accordance with the Louisiana Relocation Assistance Law
				which provides for the reasonable expenses of moving personal property. The
				actual cost of moving expenses is provided by the relocation assistance officer
				for use of the property owners or tenants, and is not determined by the
				appraiser. Therefore, no moving expenses for personal property should be
				included within the appraisal report under normal circumstances.
B. The following items should be excluded
				from the appraisal report:
1. moving expenses
				for personal property;
2. estimated
				costs of relocations; or
3.
				adjustments or repairs of such items as public utilities, service connections
				for water, sewer, mobile homes, additions, etc., which will be caused by the
				required acquisition unless those costs are included within the Contract for
				Appraisal Services as "cost-to-cure" items.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-559 - Control of Access (Formerly Section 569)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within the Contract for Appraisal
				Services, the project review appraiser will instruct the appraiser which
				appraisal format to use in the valuation of ownership's affected by control of
				access. The appraiser, in most circumstances will analyze the effects of
				control of access after the acquisition in much the same way as any "before and
				after" appraisal problem. A full analysis with all due documentation as to
				findings shall be included within the report.
B. All due diligence will be taken in
				consideration of the possible or probable use of a remainder that is influenced
				by control of access. The appraiser should acquaint himself fully with LDOTD's
				and the owner's rights concerning access control and the legal determination as
				to the compensability or non-compensability for instances where LDOTD exercises
				this control. The appraiser should consult with LDOTD through the review
				appraiser, project engineers, district managers, the legal division,
				etc.
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-561 - Mineral Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. The LDOTD
				and the state of Louisiana do not generally acquire mineral rights. The
				property owner will retain the mineral rights beneath the area conveyed to the
				state. While the owner will be prohibited from exploring or drilling for or
				mining for oil, gas or other minerals of any kind within the area acquired, the
				owner may employ directional drilling from adjacent lands to extract such
				minerals, if possible. In cases where solid minerals are affected, i.e., those
				other than oil and gas, the appraiser, with the concurrence of the review
				appraiser, is to provide values for the affected minerals.
B. In some situations or markets, it may be
				typical to transfer mineral rights. If that occurs, the appraiser is to analyze
				the value of the rights transferred through the use of market sales and make
				adjustments, if warranted.
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-563 - Timber Value

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
				assignments in which timber-producing lands are involved, particularly in areas
				where timber is grown for commercial purposes, it will generally be necessary
				to value the land and the timber separately. In some instances, it may become
				the responsibility of the appraiser to abstract the timber and land value from
				market sales of whole property timberland tracts. However, due to the
				specialized nature of timber appraisal, the LDOTD will most often secure the
				services of a registered forester to supply the value of timber upon a project
				or particular site. In those instances, the appraiser will provide the value of
				the raw land and include the value of the timber, as provided by the forester,
				within the report.
B. In situations
				where the appraiser determines that the highest and best use of a tract is a
				greater use than timberland, the value of the timber will nevertheless be
				included within the report as an improvement item. However, at the appraiser's
				and review appraiser's discretion, the contributory value to the "highest and
				best use" may be zero.
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-565 - Crop Value

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				appraisal assignments, a determination shall be made by LDOTD Real Estate
				Titles and Acquisition personnel stating whether there is sufficient time prior
				to the right-of-way acquisition to allow harvesting of crops planted within the
				required area. If there is adequate time, the Real Estate Titles and
				Acquisition personnel will not be required to consider the compensation for
				crops. If time is limited, the Real Estate Titles and Acquisition personnel
				will estimate the value of the crop, and that sum will be included in the
				approved offer. Typically, the appraiser will not be involved in estimating the
				value of crops unless specifically requested to do so by the project review
				appraiser.
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-567 - Lease Interests (Formerly Section 573)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The appraiser is to inquire into the
				lease of subject properties whenever that
				possibility exists. That inquiry most particularly applies to improvements
				owned by a lessee. A review of a lease will be made by the appraiser so as to
				familiarize himself/herself with the terms and conditions of the lease. Any
				findings or conclusions shall be included within the appraisal
				report.
B. The appraiser is to
				value the whole property and is to establish the value to be assigned to each
				interest in that ownership. The appraiser is to value all lease fee and
				leasehold interests and is to provide a breakdown of those values within the
				appraisal report to include the portion acquired and estimated damages, should
				they apply.
C. In situations where
				a lease is recorded, that information will be supplied the appraiser within the
				provided Title Research Report. Discovery of unrecorded leases are the
				responsibility of the appraiser. The appraiser shall inquire as to the
				existence of such leases and shall provide an opportunity for such disclosure
				to the property owner within the required Owner Notification Letter.
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-569 - Fencing Value (Formerly Section 575)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Front fencing owned by the property owner
				is to be bought or replaced if it is of contributory value to the land. Front
				farm/ranch fencing will normally be replaced or rebuilt by the project
				construction contractor on the owner's property in order to restore the
				enclosure.
B. Side (cross) fencing
				will be removed and will not be replaced. Compensation will be paid for said
				fencing. All fencing, whether front or side, is to be valued within the report
				and delineated by parcel and orientation.
C. Special purpose/ornamental fencing is to
				be compensated at cost new or replacement cost when it is feasible to replace.
				However, if the fence will not be replaced by the owner or cannot be replaced
				due to the acquisition, the depreciated cost or market value is to be utilized
				within the compensation estimate. This shall always apply to side fencing
				which, by its nature, cannot be replaced. If the right of way is acquired by
				expropriation, the value is deposited in the registry of the court. In either
				instance, the existing fence will be removed by the project construction
				contractor.
D. All fences
				constructed on controlled access highways for the purpose of controlling access
				will be built and maintained by LDOTD. Fences built along frontage roads or
				cross roads on controlled access facilities for the benefit of the property
				owner will be built off the highway right of way and will be maintained by the
				property owner.
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-571 - Construction and Drainage Servitudes (formerly Section 577)

Current through Register Vol. 50, No. 6, June 20, 2024
A. There are two types of servitudes commonly
				encountered by the appraiser that must be included in the valuation process of
				the appraisal. They are the "construction" servitude and the "drainage"
				servitude.
B. The construction
				servitude is a temporary servitude providing access for construction purposes
				to areas outside the required right of way. The compensation for this servitude
				is based upon the estimated unit land value multiplied by a rate set by the
				appraiser. That figure is then multiplied by the area within the servitude. The
				rate utilized is a rate of return that is consistent with investment return
				rates commonly accepted within the current local market. The appraiser is to
				apply the calculated estimate for a four year term based upon a yearly rental.
				That total rental is to be included within the estimate of the
				compensation.
C. The drainage
				servitude is a permanent servitude acquiring a number of rights. The
				acquisition partially includes right of entry and subsurface rights other than
				mineral rights. The ownership is greatly limited by the nature of the usage and
				compensation will be greater than that estimated for the construction
				servitude. The process of calculation is identical to that of the construction
				servitude, however, the rate utilized will be based on the permanent loss of
				rights. Generally, 80 percent to 90 percent rates will be used. Ultimately, the
				appraiser will decide upon the value of the rights taken and to what extent
				they will be permanently lost. This value will be included within the estimate
				of the compensation. In circumstances where a remaining area of an ownership is
				damaged due to a partial acquisition, estimated damages to any permanent
				servitude will apply only to that portion of the Bundle of Rights that remain
				after the acquisition of the rights required of the servitude.
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-573 - Railroad Parcel Acquisition (Formerly Section 579)

Current through Register Vol. 50, No. 6, June 20, 2024
A. LDOTD will pay the appraised market value
				of interest acquired from railroad companies for any additional right of way
				required from their right of way property.
B. Railroad parcels will be divided into two
				categories. One will be designated an RR parcel at railroad crossings. Any
				other takings from railroad properties will have a normal parcel identification
				of which we will offer the estimated market value for interest acquired. LDOTD
				will acquire the RR parcels as a right of way servitude with the railroad
				company retaining their rights for railroad passage at our proposed joint
				crossings. Designation and appraisal of the railroad acquisition at crossings
				as servitudes is to allow the compensation for only those rights acquired. Only
				those rights acquired should be compensated for within the appraisal.
C. The LDOTD Appraisal Office is responsible
				for establishing the value of the various types of railroad acquisitions. The
				appraisal of railroad properties is based on market value and the interest
				acquired from the railroad companies. The appraiser should take into
				consideration the following:
1. size and shape
				of the railroad ownership;
2.
				topography;
3. location;
4. adjoining usage;
5. value of the required area before
				construction versus value after construction; and
6. any adverse effect that the acquisition
				will have on the utility of the property.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-575 - Property Inspection with the Owner(s) (Formerly Section 537)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A reasonable
				effort shall be made to contact and meet with the owners or their designated
				representatives in order to afford them the opportunity to accompany the
				appraiser on inspection of the property being appraised. The appraiser is not
				obligated to meet the owner at any place other than the property being
				appraised or the nearest point of public access to the property being
				appraised.
B. Tasks for the
				Appraiser to Perform in Making Contact with the Owner(s)
1. Mail a form letter along with a stamped,
				addressed return envelope. All owners listed on provided title research reports
				are to be afforded an opportunity to meet. A copy will be forwarded to the
				District Real Estate Manager, the project review appraiser and included within
				the appraisal report. It is recommended that the letter to the owners be
				transmitted by certified mail.
2.
				Telephone contact is acceptable if it is followed by a detailed written report
				of owner contact including the name of the person(s) contacted, time of meeting
				and date. Copies must be sent to the District Real Estate Manager, project
				review appraiser, and included within the appraisal report.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 5 - Appraisal Handbook for Fee Appraisers › Section XVII-577 - Owners Refusal to Permit Entry (Formerly Section 571)

Current through Register Vol. 50, No. 6, June 20, 2024
A. There may be times when a property owner
				refuses to permit appraisers employed by LDOTD to enter the property for an
				on-site inspection, measurement, photography or interview. There is a standard
				procedure to follow if this should happen.
B. The appraiser should stay off of the
				property but shall make every effort to examine the property from as many
				vantage points as possible. The appraiser shall make a careful inspection of
				all available records including ASCS maps and aerial photographs, U.S. Geodetic
				Survey contour maps, tax records, building inspector records, etc. As many and
				varied photos should be taken as deemed prudent.
C. As a matter of procedure, the appraiser
				will notify the project review appraiser of the situation and clearly set forth
				that he/she was not permitted to enter upon the property and that the report is
				predicated upon certain assumptions. Those assumptions shall be noted. Also to
				be listed will be the sources of information used as a basis for those
				assumptions.
D. When the appraisal
				report is forwarded to the Appraisal Office for review, a determination will be
				made by the project review appraiser whether or not to pursue legal action to
				obtain access to the property. The project review appraiser will make every
				effort to inspect the property from any vantage point possible prior to
				forwarding a recommendation of action.
E. When the appraisal is approved and the
				recommended offer is furnished for processing, negotiation will be initiated on
				that basis. The Real Estate Titles and Acquisition Agent conducting the
				negotiations will make every reasonable effort to observe the property in
				question for the purpose of further verification of the appraiser's
				assumptions. If radical variation appears to exist, the Appraisal Office will
				be advised before continuing the negotiations. If the recommended offer is not
				accepted, eminent domain proceedings will be resorted to and entry by court
				order will be obtained at that time.
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-579 - Update of Appraisals (Formerly Section 543)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Occasionally, it may become necessary for
				the appraiser to update appraisals from the original date of valuation to the
				current date or to a specified date of acquisition. If this should become
				necessary, the project review appraiser will initiate a contract specifying the
				required date of valuation, the fee schedule and the completion date for the
				assignment. All contracts to update shall be as per a specific completion date
				so as to give ample time for the appraisals to be reviewed by the project
				review appraiser prior to negotiations.
B. All updated appraisals, where there are
				value changes by reason of time lapse, shall be supported by updated comparable
				sales data gathered within the project neighborhood. If sufficient sales data
				is not available within the subject neighborhood, the appraiser should
				investigate similar type properties in more removed areas as support for
				updated values.
C. Updated
				appraisals shall be submitted to the Appraisal Office for review and if
				warranted, a revised Estimate of Value will be issued by LDOTD for the purpose
				of negotiation and acquisition. When the appraiser is required to revise,
				supplement or otherwise update the appraisal report, no matter the format
				employed, a revised or updated "Certificate of Appraiser" and "Estimate of
				Compensation" shall be submitted with the revisions or updates.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:443.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XVII - Real Estate › Chapter 7 - Right-of-Way Acquisition for Utilities › Section XVII-701 - Acquisition for Utilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Department of Transportation and Development may purchase additional
				right-of-way as provided for under
				R.S.
				48:217, in the following circumstances.
1. When the land available for right-of-way
				acquisition is limited in such a way that it will be impossible for a utility
				company to acquire enough to install its facilities, the design of the
				Department of Transportation and Development's construction project should
				include a plan for placing each utility's facility in the DOTD's right-of-way.
a. This situation occurs when the highway
				right-of-way is adjacent to bodies of water, railroad right-of-way, and other
				similar constraints. It also occurs when the Department of Transportation and
				Development purchases right-of-way to within less than 15 feet from a
				building.
b. It shall be the joint
				responsibilities of the utility companies, and the Department of Transportation
				and Development's design section, and utility section to determine when this
				situation exists.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter A - General Provisions › Section XIX-101 - Statement of Policy; Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the policy of the Louisiana
				  Department of Transportation and Development (DOTD) to support the fullest
				  possible participation of businesses owned and controlled by socially or
				  economically disadvantaged minority individuals as defined in this rule in
				  state-funded construction contracts where this department is the contracting
				  agency. These rules are both substantive and technical in nature, and are
				  intended to specify the procedure for certification and eligibility for a State
				  Disadvantaged Business Enterprise; to provide for the effect of certification;
				  to establish procedures for setting and attaining goals for minority
				  participation in state-funded department construction projects; and to
				  establish penalties for interference and noncompliance.
B. Contractors and other parties to
				  state-funded construction contracts where this department is the contracting
				  agency are required to abide by and perform in accordance with this policy in
				  such manner as prescribed in construction contracts with this
				  department.
C. The effective date
				  of this rule is July 1, 1993.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter A - General Provisions › Section XIX-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purpose of these rules and regulations the
					 following words have the meanings indicated.
Minority
- a person who is a citizen or
					 lawful permanent resident of the United States, who is socially or economically
					 disadvantaged and who is a member of one of the minority groups designated by
					 the report, "An Analysis of Disparity and Possible Discrimination in the
					 Louisiana Construction Industry and State Procurement System and Its Impact on
					 Minority-and Women-Owned Firms Relative to the Public Works Arena." The
					 identified members of the minority groups are Black American, Hispanic
					 American, and Women.
a.
Black American
- includes persons having
					 origins in any of the black racial groups of Africa.
b.
Hispanic American
- includes persons of
					 Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or
					 Portuguese culture or origin, regardless of race.
c.
Women-Owned and Controlled
- ownership of
					 at least 51 percent of the firm, or in the case of a corporation at least 51
					 percent of the voting stock, and controlling at least 51 percent of the
					 management and daily business operations of the business. Control shall mean
					 exercising the power to make policy decisions and being actively involved in
					 the day-to-day management of the business.
Small Business
- a business as defined by
					 the Small Business Administration of the United States government which for the
					 purpose of size eligibility or other factors meets the applicable criteria set
					 forth in 13 Code of Federal Regulations, Part 121, as amended, and which has
					 its principal place of business in Louisiana.
State Disadvantaged Business Enterprise
					 (SDBE)
- a
small business
concern which is at least 51
					 percent owned by one or more socially or economically disadvantaged minority
					 individuals, and whose management and daily business operations are controlled
					 by one or more socially or economically disadvantaged minority
					 owner(s).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter A - General Provisions › Section XIX-105 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This program
				  applies only to state-funded construction projects which are funded by monies
				  derived from taxes on petroleum products and where this department is the
				  contracting agency (see R.S. 47:711-820.51).
B. Projects so designated must be of a size
				  and complexity to reasonably expect certified businesses to successfully
				  complete the contract.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter A - General Provisions › Section XIX-109 - SDBE Liaison Officer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  administration of this program is delegated by the secretary of DOTD to the
				  compliance programs director, who is designated as SDBE liaison officer. The
				  SDBE liaison officer reports directly to the secretary of DOTD and has
				  authority to develop, manage, and implement this program on a day-to-day basis,
				  and to insure that information on available business opportunities is
				  disseminated so that SDBEs are provided an opportunity to participate in
				  state-funded construction contracts where this department is the contracting
				  agency to the fullest extent possible.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter A - General Provisions › Section XIX-111 - Standing Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Contract Selection Team. The Contract Selection Team (CST) is a panel chosen by
				  the secretary to review state-funded construction projects where this
				  department is the contracting agency and to establish reasonable SDBE
				  participation goals in specific projects. The CST reviews the type of project,
				  the items of work with potential for SDBE participation, the location of the
				  project, the known availability and capability of SDBE businesses and the size
				  of the project in order to determine a project goal. The CST may elect to set
				  the project aside for only SDBE participation, to set a goal for SDBE
				  subcontracting, or to set no goal on a project.
B. Certification Review Team. The
				  Certification Review Team (CRT) is a panel chosen by the secretary to determine
				  eligibility for participation in the SDBE program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter A - General Provisions › Section XIX-113 - Technical Assistance and Supportive Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. In-house technical assistance relating to
				  almost any phase of the department's contracting and subcontracting processes
				  can be obtained by SDBEs from the compliance programs section. If staff members
				  of the compliance programs section are unable to furnish the information or
				  assistance required, they will arrange with others in the department to provide
				  such information or assistance.
B.
				  Supportive services will only be provided to SDBEs by the department to such an
				  extent as allowed by available state funding.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter B - DOTD Goal Standards › Section XIX-115 - Goals

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  department's intent to establish and maintain meaningful and effective goals
				  which take into consideration:
1. goal levels
				  required or recommended by law, regulation or other applicable
				  authority;
2. availability,
				  capability and resources of SDBE's in the state;
3. opportunities for SDBE involvement
				  provided by the particular types of department projects;
4. anticipated increase and growth of SDBE
				  activity resulting from new policies and procedures.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-117 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants
				  for certification must complete all portions of the certification application
				  materials and return them as specified in the following Subsections in order to
				  be considered for certification under this program.
B. A SDBE certification application
				  containing explanations regarding eligibility and instructions on completing
				  and furnishing the necessary information and documentation on business size,
				  ownership and control required of a business wishing may be obtained from the
				  safety programs section of DOTD.
C.
				  Completed applications for SDBE certification may be mailed or submitted in
				  person to the Compliance Programs Section, LA DOTD, Box 94245, 1201 Capitol
				  Access Road, Baton Rouge, LA 70804-9245.
D. After receipt, applications will be
				  reviewed for completeness by the compliance programs staff. Additional
				  documents/information maybe requested of applicants after review of their
				  applications. Incomplete applications may be returned without action.
E. A pre-certification on-site review of new
				  applicants shall be conducted by the safety programs section staff.
F. After completion of the on-site review,
				  the Certification Review Team (CRT) will review the application, any additional
				  information submitted by the applicant, and a report prepared by the safety
				  programs section to determine eligibility for certification as a
				  SDBE.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-119 - Eligibility Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicants must meet all of the following eligibility requirements:
1. businesses resident of and domiciled in
				  the state of Louisiana;
2. a small
				  business as defined in Section 3 of the Small Business Act;
3. at least 51 percent owned and controlled
				  by one or more socially or economically disadvantaged minority individuals as
				  defined in these rules;
4. capable
				  of, and intends to perform a commercially useful function, as defined in these
				  rules;
5. an independent,
				  operational and functional business, as defined in these rules;
6. a business with adequate resources with
				  which to perform the work of a contract.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-121 - Guidelines for Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Determination of Business Status
1. The CRT
				  will first determine if the business is in existence, operational, and for
				  profit. A business that is in the early stages of organization and not set up
				  to do business, does not qualify. If the business is not yet operational, it is
				  not eligible to participate as a SDBE and no further determinations need be
				  made.
2. The business must provide
				  more than prima facia evidence that it does not just exist on paper and was not
				  organized merely in an attempt to take advantage of SDBE goals.
3. The minority owner(s) must possess the
				  resources, license, if required by law, and expertise to operate in the
				  business' field of work.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-123 - Recertification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certification as
				  a SDBE is valid for one calendar year from the date of notification of
				  certification by the LA DOTD. Thirty days prior to expiration of any SDBE
				  certification, the department will notify the firm that recertification is
				  required.
B. Businesses must be
				  recertified annually. A SDBE recertification application to expedite yearly
				  recertification must be submitted to the safety programs section.
C. The business owner must notify the
				  department in writing of any changes in ownership or location of the business
				  or telephone number during the certification calendar year, which begins on the
				  date of certification.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part XIX - Compliance Programs › Chapter 1 - Minority Participation Program › Subchapter C - Certification Procedures › Section XIX-125 - Failure to Recertify

Current through Register Vol. 50, No. 6, June 20, 2024
A. SDBEs
				  which make no effort at recertification as of one month from the
				  recertification notification date shall be deleted from the active list of
				  certified SDBEs and shall be ineligible to participate in the state minority
				  participation program until such time as recertification has been
				  completed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 48:234(C).