Asphalt Pavement Warranties Technology and Practice in Europe

Chapter 8: Implementation Activities

RIGHT-OF-WAY PROGRAM

After the March 2000 scanning study, the rest of the year was devoted to:

• Formulating an FHWA policy on land consolidation, which was issued in December 2000.
• Conceptualizing possible experimental right-of-way projects to test and evaluate specific European right-of-way practices.
• Preparing an application for scanning implementation funding.

This chapter describes implementation activities under way based on the Right-of-Way and Utilities scanning team's recommendations.

Land Consolidation

Land consolidation is used extensively in Norway and Germany. In both countries, the process can be judicially enforced if it is found to be in the public interest. This concept was considered particularly applicable to the proposed Interstate 69 route in Indiana, Illinois, Tennessee, Arkansas, Mississippi, Michigan, and Texas. This route extends a distance of 1,600 miles, much of which will be built on new alignment. When an indication of interest in land consolidation was solicited from the States along this route, several responded positively.

Staff from the FHWA Office of Real Estate Services (ORES) developed a draft policy, which was circulated for review and comment. They subsequently met and coordinated with the FHWA Office of Human Environment, National Environmental Policy Act Facilitation and Chief Counsel to work out details of the policy and funding and reimbursement procedures. Based on input from the various offices, it was determined that the following guidelines would be applied in developing a land consolidation policy:

• Use of the land consolidation technique will be voluntary and must be legally feasible under State law.
• Funding authority is from the National Environmental Policy Act and it is for implementing regulations to undertake environmental mitigation.
• The environmental assessment phase is the most appropriate time to consider the decision to use the land consolidation technique. This decision will be documented accordingly.

FHWA's policy on land consolidation was issued December 8, 2000. The scanning team recommends that a survey of the use of this policy be undertaken in 2002 and additional marketing activities be considered. In a conference call with the FHWA Mississippi Division office, it was confirmed that Mississippi is actively considering using the land consolidation policy in the I-69 corridor. FHWA has extended the policy for use in all States as appropriate.

Right-of-Way Experimental Projects

The four State right-of-way managers who participated in the scanning study were interested in European right-of-way practices aimed at streamlining or expediting the right-of-way process. Using many of these practices in the United States would require changing Federal laws or regulations. To facilitate a test and evaluate formats for such initiatives, ORES staff drafted conceptual proposals for consideration. Funding for administrative costs related to implementation initiatives was made available in late 2000.

Following the scan, several reports were prepared:

• "Summary of International Scanning Program for Right-of-Way and Utilities" was prepared on the final day of the scanning study in London, England.
• Action proposals were prepared and distributed at the State Right-of-Way Director's meeting in Savannah, Georgia, in May 2000.
• An agenda was developed for the first Scanning Implementation Task Group (SITG) meeting on January 8, 2001.

The reports and agenda describe implementation initiatives. In most cases, ORES prepared a concept statement and shared it with SITG members. All of the initiatives were discussed at the first SITG meeting with the understanding that the scan proposals would be formulated and then presented, discussed, and considered by FHWA at the second SITG meeting on March 22, 2001. The agenda for that meeting outlined the discussion and consideration of implementation on the following experimental projects.

Appraisal Review Modification--Conceptual proposals were received from Florida, Michigan, Wisconsin, and Washington. These experimental projects to evaluate eliminating appraisal review requirements under certain circumstances have been approved by FHWA and are all under way.

Appraisal Waivers exceeding $10,000--Experiments in Florida and North Carolina were approved at $20,000. A proposal from Michigan is pending FHWA approval.

Incentive payments--Florida and Virginia are implementing FHWA-approved projects. A report on the benefits and cost savings of the Virginia project is included in this report in Appendix D. A previous project in Michigan had excellent results.

Same Person Appraising and Negotiating On Properties Exceeding $10,000--California has an experiment under way extending the conflict of interest limit to $25,000. Each California DOT district is authorized to adopt this procedure on one project.

Appraisal/Replacement Housing Payment Calculation--Colorado and Arizona may consider this one-step process for experimentation, although FHWA has received no State proposals. FHWA may need to do a broader solicitation for a State experiment to be undertaken in this area.

Right-of-Way Exchanges, Meetings, and Presentations

The Right-of-Way and Utilities Scanning Study has generated numerous follow-up activities, consultations, and meeting presentations by representatives of the European host delegations.

• A representative of England's Highways Agency made a presentation at the FHWA/AASHTO Right-of-Way and Utilities National Conference in 2000.
• Representatives from the Netherlands made presentations at the 2000 and 2001 FHWA/AASHTO Right-of-Way conferences.
• A representative of England's Valuation Agency Office was consulted for advice on how the office handles relocation reestablishment payments in England.
• The representative from England's Valuation Agency Office made a presentation at the IRWA Uniform Act 30^th Anniversary Symposium held in November 2001. The presentation covered relocation assistance program benefits and payments in England related to acquisitions under the threat of eminent domain.
• Several scanning team members made presentations to professional organizations and government officials with right-of-way responsibilities.
• As part of a training initiative based on the scan, a symposium was arranged in cooperation with Morgan State University in Baltimore, Maryland, on the development of an undergraduate curriculum on real estate acquisition. Representatives from the University of Oklahoma and Delaware Technical and Community College participated in the symposium.
• The Scan Implementation Task Group met four times in 2001 and participated in the Real Estate Acquisition Curriculum Symposium at Morgan State University in October 2001.

Future Actions

Team members noted several other areas during the scan worthy of consideration for future action in the United States. The FHWA Office of Real Estate Services, with the cooperation of AASHTO, will take the initiative to explore how such techniques may be tested and evaluated. In some cases, such techniques may already be used in part or in total. Areas for exploration include:

• Practices that afford greater property owner input, including property owner involvement before completion of final right-of-way plans and an extensive property owner interview process.
• A practice that allows for a single agent for appraisal and negotiation to limit the number of contacts dealing with property owners.
• Facilitating settlements and payments to property owners by the use of mediation and quick payment processes.
• Greater flexibility to compensate for expenses related to relocation assistance. A national study of business relocation assistance and a pilot project in Rhode Island addressed issues relating to business relocation expense reimbursement. More information has been gathered from representatives of countries visited during the scanning study who have subsequently visited the United States.
• Ways to increase flexibility in the area of early right-of-way acquisition. Activities under way in the United States include:
  • The Center for Transportation and the Environment at North Carolina State University held a videoconference on "Integrating Right-of-Way and Environment for Better Results" on October 16, 2001.
  • An FHWA Planning and Environment Core Business Unit research project entitled "Integration Solutions: Integrating and Streamlining Transportation Development and Decision Making" is being conducted. The project involves the FHWA offices of Planning, Environment, Real Estate, Design, and Construction.

The objective of these efforts is to evaluate existing environmental and right-of-way regulations to determine any changes that should be considered to accommodate early right-of-way acquisitions.

• Alternatives for developing right-of-way training. Several European countries have arrangements with colleges and universities that may be worthwhile to explore in the United States. Initiatives with the following institutions are under way:
  • Morgan State University, Baltimore, Maryland
  • Delaware Technical and Community College, Stanton, Delaware
  • Marylhurst University, Portland, Oregon

Delaware Technical and Community College and Marylhurst University have specific capabilities in the area of distance learning, which may be particularly relevant to the highway right-of-way program.

UTILITIES PROGRAM

After the March 2000 scanning study, the balance of the year was devoted to the following utilities-related areas:

• Conceptualizing possible utilities-related experimental projects to test and evaluate specific innovative European practices.
• Developing possible research and technology transfer projects to obtain and disseminate information about ongoing activities in the United States similar to European utility practices.
• Encouraging State DOTs and utility companies to investigate the feasibility of applying specific innovative European utility practices in the United States.

The following sections detail implementation activities now in progress.

Experimental Utilities Projects

The FHWA Office of Program Administration has initiated the following experimental projects to evaluate innovative European utility practices.

Investigation of the feasibility of paying preliminary engineering costs for all utility relocations--The Virginia DOT began a pilot program in September 2000 in which it agreed to pay 100 percent of all preliminary engineering costs for utility relocations, regardless of who had prior rights. Results to date have been statistically inconclusive, but early returns indicate that benefits outweigh costs. The pilot project is continuing.

Investigation of the feasibility of recognizing pipelines as a mode of transportation-- The North Carolina State University Center for Transportation and the Environment initiated a literature search and found that the Texas Transportation Institute has designed a system to use pipelines to carry freight from Dallas, Texas, to Laredo, Mexico. The institute is looking for a funding source to build a prototype.

Utility Research/Technology Transfer Projects

The Office of Program Administration has initiated the following research and technology transfer projects to obtain and disseminate information about ongoing activities in the United States similar to innovative European utility practices.

Investigation of techniques to avoid unnecessary utility relocations--A contract was awarded to Nichols Consulting Engineers, Inc., in May 2001 to investigate and report on innovative techniques for avoiding unnecessary utility relocations. A final report will be distributed to FHWA, State DOTs, and utility organizations.

Investigation of methods to control the frequency of pavement cuts--A contract was awarded to the Transtec Group, Inc., in March 2001. Transtec Group will review and report on workable State and local policies for controlling the frequency of pavement cuts and state-of-the-art trenchless technology methods being used to avoid the need to cut pavements to install or access underground utilities. A final report will be distributed to FHWA, State DOTs, and utility organizations.

Evaluation of feasibility of placing utilities underground to reduce utility pole collisions--The Transportation Research Board (TRB) Utilities Committee (A2A07) convened a task force to look at utility pole safety, investigate countermeasures such as locating utilities underground, and develop a report on state-of-the-art utility safety. The final draft of this report was presented to TRB on January 15, 2002. Copies of the report will be distributed to FHWA, State DOTs, and utility organizations. Follow-up implementation actions are being developed.

Utility Meetings and Presentations

FHWA has encouraged State DOTs and utility companies to investigate the feasibility of applying specific innovative European utility practices in the United States. Efforts have included presentations and workshops at utility-related conferences, such as AASHTO Right-of-Way and Utilities conferences, National Highway/Utility Educational conferences, Mid-Atlantic Right-of-Way and Utilities conferences, and Transportation Research Board conferences. Additional efforts include:

Encourage State DOTs and utility companies to coordinate, cooperate, and communicate--The "AASHTO Guidelines and Best Practices for Utilities" were distributed to FHWA field offices for subsequent distribution to State DOTs on March 27-28, 2001. These guidelines and best practices stress the importance of good coordination, cooperation, and communication, and provide examples of successful State DOT programs. A pilot National Highway Institute highway and utility issues training course was conducted in North Carolina on March 27-28, 2001. Regular presentations began in Illinois on January 22-23, 2002. Numerous other presentations have been scheduled.

The FHWA Office of Asset Management is developing a videotape encouraging design and construction personnel to coordinate, cooperate, and communicate more effectively. This video will be distributed to FHWA, State DOTs, and utility organizations. A memorandum was sent to all FHWA field offices on November 28, 2001, urging them to take the initiative in encouraging State DOTs and utility companies to coordinate, cooperate, and communicate in the development of highway projects.

Encourage use of master utility agreements--The "AASHTO Guidelines and Best Practices for " distributed to State DOTs encourage the use of master agreements for utility relocations and the inclusion of utilities in design-build contracts.

Future Actions

Several other areas noted during the scan are worthy of consideration. The FHWA Office of Program Administration, with the cooperation of AASHTO, will take the initiative to explore how such techniques may be valuated in the United States. Areas for exploration include:

• Encouraging States to establish utility corridors.
• Determining the feasibility of highway contractors installing utilities.
• Determining the feasibility of mapping utilities using GIS, GPS, and other innovative techniques.

RIGHT-OF-WAY AND UTILITIES GUIDELINES AND BEST PRACTICES REPORT

A draft of AASHTO's "Right-of-Way and Utilities Guidelines and Best Practices" report was issued on January 21, 2000. The Subcommittee on Right-of-Way and Utilities believes it would be beneficial to amend this report to include practices the Right-of-Way and Utilities scanning team observed in Europe that may also be useful in the United States.

Suggested items to add to the report follow.

Project Development

• Use of an interview process with property owners in cases where dialogue and feedback about the project design, schedule, or construction plans may result in an improved situation for all concerned.
• The concept of land consolidation can be used to mitigate impacts caused by property acquisitions that sever large parcels of land, create access problems, and disrupt the economic and social fabric of a community. Land consolidation involves acquiring remainder properties or replacement lands and rearranging land ownerships to operate economically and with reduced social impacts. Using this technique would be considered in the environmental assessment stage of a project's development. This concept and the authority for land consolidation and its eligibility for Federal funding reimbursement is discussed in a December 8, 2000, FHWA memorandum.
• European project development practices mirror those in use and recommended in this report. These practices ensure there is right-of-way input to project development from all aspects, including planning, environment, design, scheduling, and construction. Our European right-of-way counterparts realize the importance of being involved in this process. They also know that good communication and accountability for all involved in the process are key.

Appraisal and Appraisal Review

As part of scan implementation activities, FHWA, working cooperatively with the States, has approved several experiments in the area of appraisal and appraisal review. These experiments involve increasing limits for appraisal waivers and eliminating appraisal reviews in certain circumstances. The experimental projects are under way and may result in future revisions of FHWA policies or regulations.

Acquisition

As part of scan implementation activities, experiments are under way in several States on using incentive payments and expanding the conflict-of-interest limits that allow the same person appraising property to also negotiate for it. After evaluation, these experimental projects may result in revised FHWA policies and regulations.

Some of the best practices for acquisition contained in the guidelines are being used effectively in Europe. These include:

• Prompt payment and having warrants available at the beginning of negotiations.
• A caseworker or single-agent approach to performing acquisition and relocation activities.
• Use of mediation to resolve right-of-way acquisition disputes.

Training

The report should include a new best practice on cooperating with institutions, such as colleges or universities, to develop both traditional and non-traditional training in the right-of-way and utilities program areas. This is being done successfully in some European countries.