This research study, Notices and Offers by Electronic Methods: Process Streamlining, will provide technical information related to the use of internet-based systems that can be used to streamline the right-of-way (ROW) acquisition process, including the relocation assistance process. This research will specifically examine whether these internet-based systems will assist in the delivery of various notices that are required under 49 CFR 24.102(b), which requires the Agency to notify the owner in writing, as soon as feasible, of its interest in acquiring the real property and the basic protections provided to the owner by law and the regulations. The research study will also investigate the use of these internet-based systems for the delivery of the written offer to acquire and summary statement required under 49 CFR 24.102(d) and (e), the explanation of the offer required under 49 CFR 24.102(f), and the required notices under 49 CFR 24.203, all of which are essential to the ROW process.
The delivery of notices is addressed in 49 CFR 24.5 – Manner of notices
Each notice which the Agency is required to provide to a property owner or occupant under this part, except the notice described at § 24.102(b), shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in Agency files. Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help.
In Task 3 – Literature and Web Research, a web-based search for relevant articles, case studies, and other legal doctrine addressing the use of electronic delivery and signature verification technology was performed, specifically in government uses. The following articles were researched for this report, and are listed in more detail in the attached bibliography.
A summary of current industry leaders providing digital signature services was completed, as well as a general overview of how these services function, and may be adapted to a DOT or other agency to streamline the ROW acquisition process. The existing requirements for delivery of notices and offers under 49 CFR Part 24 currently represent a barrier to these streamlining efforts, however, research conducted as part of this task will assist the FHWA in determining whether state-of-the art electronic delivery or signature verification methods can be used to streamline or update current requirements. Research for subsequent tasks will identify when it is and is not appropriate to use electronic methods of transmittal for notices and making offers.
