The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (Uniform Act) provides important protections and assistance for people affected by federally-funded projects. The Surface Transportation and Uniform Relocation Assistance Act of 1987, designated the U. S. Department of Transportation as the Federal Lead Agency for the Uniform Act, and this responsibility was delegated to the Federal Highway Administration (FHWA). The government-wide regulations implementing the Uniform Act is Title 49 Code of Federal Regulation (CFR) Part 24, which was most recently revised in 2005. Since publication of the 2005 rule, the FHWA has undertaken a comprehensive effort to identify potential opportunities for agencies to improve the implementation of the Uniform Act. The current regulation at 49 CFR 24.5 – Manner of notices requires that agencies personally deliver or send notices to property owners or occupants by certified or registered first-class mail, return receipt requested. 49 CFR 24.102(f) – Basic negotiation procedures requires an agency to make all reasonable efforts to contact the owner or owner’s representative to discuss the offer. An agency should also adequately present the offer to an owner and ensure the owner is properly informed.
In 2013, FHWA sponsored research to provide the technical information necessary to determine how internet-based systems can be used to streamline the acquisition process, specifically in the delivery of notices and offers, which are integral to the right of way (ROW) acquisition process. There were several objectives identified for this research:
Acting as the lead agency, the FHWA is evaluating the feasibility of using electronic methods to deliver notices and offers without jeopardizing an owner’s or a tenant’s rights under the Uniform Act. This research reviewed and evaluated the feasibility of using electronic methods to deliver notices and offers without jeopardizing the owner and tenant rights under the Uniform Act.
This research was conducted in several steps, which are described in this report. The research culminated in an analysis of various potential applications of electronic delivery and signature verification systems within the right of way (ROW) acquisition process and the extent to which elements of electronic delivery and signature add value to the overall process.
