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.
The Right of Way Section is a portion of the Division of Highways within the Idaho Transportation Department and works closely with other department sections to coordinate and implement schedules for highway projects established by the Transportation Improvement Program.
The Section is organized into the following functional areas:
- Procedural Review
- Property Management
- Scenic Enhancement
Idaho Transportation Department
DEPP-Right of Way
3293 W. Jordan Street
Boise, Idaho 83703
Toll Free – 1-800-745-2752
The Appraisal Unit is administered by the Chief Appraisal Coordinator who is located in Boise’s Headquarters Right of Way Office, and is a Licensed Certified General Appraiser.
The Chief Appraisal Coordinator is responsible for inspecting and determining the complexity of highway projects and assigning the appraisals to qualified fee appraisers. The Chief Appraisal Coordinator recruits and maintains a list of qualified fee appraisers, contracts with and assists them through the appraisal process.
The Chief Appraisal Coordinator is also responsible for assigning these appraisals to be reviewed by a qualified fee review appraiser. The contracted Review Appraiser reviews all appraisals for completeness, accuracy, current State and Federal Highway Administration requirements, and certify the “Just Compensation”. The final reviewed “Just Compensation” amount will then be offered to the property owners by the Negotiations Unit.
A State Certified General Licensed appraiser is required and responsible for providing appraisals which meet acceptable appraisal standards, (State, Federal Highway Administration, The Uniform Standards of Professional Appraisal Practice – USPAP standards and The Uniform Appraisal Standards for Federal Land Acquisitions – UASFLA) and which reflect fair market value to be used in the purchase or acquisition of real property.
On those properties acquired through condemnation, hired fee appraisers may be required to testify in the court case which determines the compensation to be paid to the property owner.
The Relocation Unit is administered by the Relocation Supervisor and one relocation agent who is located in Boise’s Headquarters Right of Way Office.
The Relocation Unit has the responsibility of providing relocation assistance and benefits to persons, businesses, farm operations, and non-profit organizations being displaced by the acquisition of right of way for highway projects statewide. It is the function of the Relocation Unit to clear all proposed rights of way of all persons occupying residential dwelling units, operating businesses, farm operations and any items classified as personalty. 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. This is accomplished by implementing a combination of relocation planning, advisory services, coordination and financial payments to those being 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.
The Condemnation Unit is administered by a Senior Right of Way Agent, and is located in Boise’s Headquarters Right of Way Office.
If any interest in real property can’t 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 the Idaho Transportation Department in condemnation cases. The Condemnation Unit provides coordination between the Transportation Department and the Office of the Attorney General and support as needed.
The Titles Unit is located at the Boise ITD Headquarters.
This unit provides technical support to the six Districts on right of way plans and real property issues. They are responsible for analyzing and approving highway right of way plans and revisions. They determine which documents are needed to clear title on properties to be acquired and prepare all the necessary documents for acquisition or disposal of real property. All payments for property acquisition and related payments are processed by the Titles Unit. They also maintain databases to track all department owned real property.
For further information about this Unit, please call Nancy Patrick:
1-208-334-8507 or firstname.lastname@example.org
PROCEDURAL REVIEW UNIT
The Procedural Review Unit is administered through the Headquarters Right of Way office located in Boise and staffed by one Senior Right of Way Agent.
The responsibilities of this unit are to secure funding for real property acquisition expenses incurred on transportation related projects programmed in the six year State Transportation Improvement Plan. This unit assists District Right of Way personnel in providing training and guidance to Local Public Agencies concerning the multiple state and federal laws, policies and procedures necessary for utilizing federal funds on transportation related projects. It ensures all real property acquisitions and relocation assistance is provided in accordance with state and federal laws, policies and procedures on transportation related projects within the state. It coordinates and assists District Right of Way personnel with monitoring federally funded real property acquisitions related to transportation projects by Local Public Agencies throughout the state. It verifies through certification, the completion of all real property acquisitions and relocations on Right of Way related transportation projects to allow advertisement for construction.
For further information about this Unit, please call Dennis Wagner:
1-208-334-8504 or Dennis.Wagner@itd.idaho.gov
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.
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.
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.
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.
View or print the Property Acquisition Booklet (English version)
View or print the Property Acquisition Booklet (Spanish version)
This information is only a guideline for outdoor advertising and is not intended to be inclusive of all applicable laws. Sign applicants and owners are responsible for knowing the laws and ordinances that control signage. If there is a conflict between this information and any federal, state, or local laws or ordinances, the laws or ordinances will prevail. Please call ITD If you have questions.
Counties: Ada, Adams, Boise, Canyon, Elmore,
Gem, Owyhee, Payette, Washington, Valley
District 3 Phone: 208-334-8300
Address: 8150 Chinden Boulevard
Boise, ID 83714-1367
Counties: Bonneville, Butte, Clark, Custer,
Fremont, Jefferson, Lemhi, Teton, Madison
District 6 Phone: 208-745-7781
206 North Yellowstone, Rigby, ID
Mail: P.O. Box 97, Rigby, ID 83442-0097
Right of Way
Justin Pond, 208-334-8832
Idaho Transportation Department, Right of Way
Mail: P.O. Box 7129, Boise, ID 83707-1129