How Right of Way Works
When a new or expanded highway is planned, sometimes ITD needs to acquire property in the project area. The Right of Way (ROW) Section helps plan, appraise, acquire land around projects.
ROW 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.
Appraisal
When ITD wants to acquire property for a project, appraisals are use to ensure that the property owner receives “just compensation,” which reflects fair market value. ROW assigns a qualified fee appraiser to the property. Their appraisal is then reviewed by a qualified fee review appraiser for completeness, accuracy, state and federal requirements, and to certify the “just compensation” amount.
Relocation
The ROW section provides relocation assistance if your property is acquired for an ITD project. Relocation help is available to individuals, businesses, farm operations, and non-profits. This includes, but is not limited to, both owner and tenant occupied dwelling units, owner and tenant occupied operating businesses, cemeteries, storage units, signs, billboards, etc. ROW provides relocation planning, advisory services, coordination, and financial payments to those displaced.
These payments and programs are set-out by the Federal Uniform Relocation and Real Properties Acquisition Act of 1970 and its revisions. The act is to insure fair and consistent treatment of all displaced individuals, families, businesses, farm operations and others who occupy acquired right of way in a way that does not cause a disproportionate hardship to those affected by projects designed for the benefit of the general public.
Condemnation
If property can not be acquired through a negotiated purchase it can be acquired by eminent domain (the power of the state to force the sale of property). In the few instances where this is necessary the Transportation Department shall institute formal condemnation proceedings. The Office of the Attorney General represents ITD in condemnation cases.
Right of Way Resources
Right of Way Permitting
Right of Way also refers to the land on the sides of state highways. If you need to use the Right of Way for anything other then regular travel, you need a permit. ITD offers an online Right of Way Permit Tool that guides you through the permitting process.
Looking for Right of Way Permits?
Use the online permit tool for access, approach, encroachment, special event permits and more…