Although the current regulations do not provide for electronic delivery and signature of notices and offers under 49 CFR Part 24, the interviews with the State DOT personnel indicated that several agencies are using electronic delivery/signatures successfully in other areas of right of way, or throughout the organization. For instance, both the Mississippi and Virginia DOTs use electronic delivery and signatures for their appraisal and appraisal review processes. Appraisers electronically sign and transmit reports to the review appraiser. The reviewer can electronically make revisions, sign the report, and then approve and establish the amount of just compensation. This final action provides an email notification to the user (acquisition agent) that the report is ready for download, and the agent can review it prior to making an offer. A logical next step in this process would be the transmittal of the electronic offer (to a property owner who was fully informed and had previously consented to this method of delivery).
Other State DOTs, such as Michigan and South Dakota, are using electronic systems to provide notices to contractors, while the Louisiana DOTD electronically transmits plans and documents. The Texas DOT also provides electronic access to plans, and allows the public to electronically apply for utility permits.
Throughout the study, the Team discussed various methods for using electronic delivery and signature verification systems during the ROW process. These discussions included ways to incorporate these systems into the delivery of offers and notices, how these methods would develop into operating procedures, and when they could be implemented into an agency’s business practices. In the various interviews with State DOT personnel, as well as in the working group meetings, the general consensus was that the availability of these electronic systems for delivery/signature of offers and notices was a viable option; however, it would not replace the preferred personal contract. One State DOT representative characterized it as “an excellent tool to have in the toolbox.”
There are several key elements, or steps, in the ROW acquisition process where electronic methods may be integrated more reasonably than others and result in a streamlining of the process. The following techniques involving the use of electronic methods can be an aid to acquiring ROW.
Public involvement activities may present opportunity for an agency to discuss electronic delivery of documents and obtain property owner/displaced person’s written consent to accept such delivery.
Prior to the beginning of the ROW acquisition phase, an agency will typically conduct a public involvement process, which will consist of advisory public meetings and workshops, along with individual contacts with property owners. A public meeting would allow an agency to outline how the electronic communication process would function and demonstrate the various options an agency may use with owners and displaced persons. An agency may also use this venue to offer a sign-up for the public to receive electronic mailings related to project information to facilitate communications.
The delivery of the Notice to Owner under 49 CFR 24.102(b) provides an agency the opportunity to determine if a property owner is interested in electronic communications.
Most acquiring agencies do not have personal contact with an owner before it sends the Notice to Owner, so it would not have the opportunity to obtain the necessary written consent to deliver the notice electronically. However, it is at this point in the process that the agency could determine if the property owner would be interested in further communications by electronic methods.
If the property owner indicates that he/she is interested in electronic communications, the agency could provide an email address to assist in the future communications, which is outlined in the second option below.
Options for Consent
Electronic communications are a useful tool for negotiations after making the offer to acquire and communicating with displaced persons after delivery of the Notice of Relocation Eligibility.
Implementation of electronic methods during negotiations with property owners offers excellent opportunities of streamlining for both the owner and the agency. With the owner’s consent to communicate electronically, information can be transmitted easily and immediately. Any required documents can be attached to an email or sent through a large file transfer system. Similarly, the relocation agent could conduct follow-up contacts using email, provide requested information, and the displaced person may be able to provide necessary documentation electronically.
Electronic communications are a practical method to conduct closings for negotiated parcels.
The research and information obtained indicate that this step in the ROW acquisition process may also be conducted electronically. The validity of the electronic notarization of the signatures is a major concern in the closing process when using electronic communications. In the review of state laws, it became evident that electronic notarization has become an available and accepted practice in the states that participated in the interviews.
Of somewhat more concern is whether electronic signatures are acceptable in the filing or recording of property transfer documents. The representatives of both Silanis and Adobe EchoSign advised that the requirements for the official filing of property documents was typically left up to the various County representatives within each State. Although many Counties are now permitting electronic transmittal of property transfer documents with electronic signatures and notarization of these documents, this is one aspect of electronic signatures that is used less than any other. It was the opinion of the company representatives, however, that even this aspect of electronic signature usage was becoming more accepted, and that it was inevitable that the trend towards electronic filing of property documents would progress.
If conveyance documents can be electronically signed and notarized, this step in the ROW acquisition process could also be streamlined. This would represent a savings in resources and time, since an agent would not need to attend a closing, and the delivery and return of documents would occur more quickly than it would with a regular or overnight mail delivery.
