Right of Way

The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites. The Section is also responsible for the oversight of all Local Public Agencies acquiring property, who utilize federal funding for highway purposes. The acquisition of right of way follows the planning and design phases of the highway development process and is one of the final phases prior to the actual award of the construction contract.

• Right of Way Manual

The Property Management Unit is administered by a Senior Right of Way Agent located at the Idaho Transportation Department Headquarters in Boise. This Unit is responsible for the management of all surplus properties within the Idaho Transportation Department (ITD), which includes; inventory, leasing, access, and sales of surplus property owned by the Idaho Transportation Department.

FAQ’s

What is surplus real property?
It is real property and the improvements thereon under the ownership and control of the Idaho Transportation Department outside the right-of-way limits which the Chief Engineer or his designee declares no longer useful or usable by the Department.

Can surplus real property be sold?
When it has been determined that a property has no further use for highway purposes, it is offered for sale, according to Idaho code, as follows:

• All surplus properties are appraised or valued prior to a sale. The starting bid price is the fair market value ascertained by the appraisal.
• All properties are offered first to the contiguous property owners at the appraised value.
• If the property is not sold to a contiguous owner, the property is then offered to state agencies, the county in which the property is located, the city in which the property is located, and highway district in which the property is located and other tax supported entities. Priority is given in this same order.
• If the property is not sold to a contiguous property owner or one of the public agencies, it is then offered to the public for sale, for not less than the appraised price, at an auction or closed bid.

IDAPA Rules
Chapter 45, Rules Governing Sale of No Longer Useful or Usable Real Property: https://adminrules.idaho.gov/rules/current/39/390345.pdf

Can ITD property can be leased?
In certain circumstances ITD may find that it does not immediately need the property for a highway purpose but will need it in the future. In this situation, ITD can determine if leasing the property would be beneficial. If a citizen is interested in leasing property that is owned by ITD, the initial contact should be the district office where the property is located. District Office Contacts

How does the Department dispose of improvements that were acquired on a project?
The methods used for disposal of improvements (other than owner retention) are:

• Removal by the Idaho Transportation Department (ITD) – The acquired improvements will be retained by the ITD and removed by ITD employees when it has been determined to be beneficial to the state. The benefit derived may be an improvement which ITD can put to good use or the cost of the removal may be far less by having ITD do the removal rather than others.
• Public Sale – by Auction or Sealed Bid – The auction method of disposal is used where there is sufficient equipment, fixtures, and buildings to be moved to warrant an auction. Sealed bids are requested when isolated properties or improvements are to be disposed of, or where the number of properties to be disposed of in an area have not accumulated in sufficient numbers or high enough salvage value to warrant an auction.
• Negotiation – In those instances where the disposal of improvements were unsuccessful by the auction or sealed bid method, the disposal of improvements may be accomplished through Property Management negotiations or demolition. Isolated low salvage value outbuildings may be disposed of without advertising.
• Demolition Contract – When there is no reasonable probability of the acquired improvements being disposed through public sale, salvage, or other means, or it is in the public interest because of health, safety, beauty, neighborhood preservation, or environmental factors, the acquired improvements can be removed from the right of way under a clearing contract as soon as practicable after the improvements have been permanently vacated. Incorporating the removal of improvements as a part of the physical construction contract – In some situations it is more beneficial to have the acquired improvements removed as part of the physical construction contract rather than by any other method.

What does it mean to “relinquish” an old highway after the construction of the relocated roadway is completed?
To surrender all or part of the rights and responsibilities relating to all or a part of a fragment, section, or route on the State highway system to a political or governmental subdivision or public corporation of Idaho.

What does it mean to “abandon” an old highway after the construction of the relocated roadway is completed?
Cessation of use of right of way or activity thereon with no intention to reclaim or use again for highway purposes. In Idaho statutes Title 40, Chapter 2 – 40-203, “abandon” shall mean to reject all or part of the Department’s rights and responsibilities relating to all or part of a fragment, section, or route on the State highway system.

What are access control rights?
Access control rights are property rights owned by the Department to regulate access, through the limitation of public access to and from properties abutting the highway facility. It is the condition where the right of property owners’ use and enjoyment of access is owned and controlled by the Department.

Can these access control rights ever be changed?
The Department realizes there may be locations where granting an access within an area where access rights were previously acquired may be consistent with our current policies. In these cases, a request for the establishment of a new access shall be submitted by the property owner to the district engineer. The property owner may request to purchase any type of access (from full unrestricted access rights to some lesser restricted access right) from the Department. If the request is approved, the value of the access rights being sold by the Department will be determined by an appraisal.

Negotiations Unit

The Acquisition (Negotiation) Unit is administered by a Senior Right of Way Agent, and is located in Boise’s Headquarters Right of Way Office.

The Unit’s responsibilities include coordinating with and assisting six District Right of Way Supervisors to acquire real property for highway or highway-related projects. These projects may be built by the Idaho Transportation Department or any political subdivision of the state that acquires real property for highway purposes using federal funds. The purpose of the unit is to ensure that the owners and tenants of real property acquired for public use receive consistent and equitable treatment required by state and federal law; and acquire real property, to the greatest extent possible, by agreement thereby avoiding expensive, and time-consuming litigation.