Congratulations to the winners of the 2019 Excellence in Right-of- Way Awards. The Federal Highway Administration (FHWA) developed this biennial awards program to offer distinction to those who excel in meeting the challenges associated with acquiring real property for Federal aid projects. The awards honor exceptional innovations that improve the real property acquisition process while ensuring that property owner and tenant rights are protected.
The competition for this year's awards was robust. The FHWA received numerous commendable entries nominating right-of-way programs, projects, and leaders nationwide. Judges carefully reviewed the entries to award worthy nominees in the following categories: Accelerating Project Delivery, Innovation, Leadership, Stewardship, and Peer of the Year. The 2019 award winners, each of whom were honored during the 2019 American Association of State Highway and Transportation Officials Subcommittee on Right-of-Way, Utilities and Outdoor Advertising Control Conference in Chattanooga, Tennessee, represent excellence among their peers. Their innovative work is indicative of the cutting-edge work State Departments of Transportation (DOTs) are performing across the country. Their work embodies FHWA's desire to improve process efficiency, and address the challenges facing the U.S. transportation systems. I am happy and proud to share these important ideas to benefit the right-of-way community and the public.
Again, I congratulate the winners of the 2019 Excellence in Right-of-Way Awards! Thank you for implementing unique approaches in meeting the challenges of acquiring real property and serving the public.
Gloria M. Shepherd
Associate Administrator for
Planning, Environment and Realty
This award recognizes the Ohio Department of Transportation (ODOT) under the leadership of Real Estate Administrator Laura Philabaum for leading the Philo Bridge Early Acquisition Team. The team includes acquisition consultant OR Colan, Muskingum County Engineer's Office, Ohio Department of Transportation (ODOT) District 5, ODOT Central Office, and Abraham Geevarghese of the Federal Highway Administration Ohio Division's Realty Office.
Ms. Philabaum and the entire team leveraged its expertise, experience, and willingness to carry out innovative early acquisition of right-of-way on all the parcels associated with the Philo Bridge, making the project team one of the very first initial Realty teams to utilize a change made to 23 CFR Part 710. This change provided ODOT authority to begin the acquisition process under Map 21 which allowed a stand-alone NEPA process for these parcels before final NEPA project clearance. These actions provided additional time for more than 40 individuals to move their personal property.
The structurally deficient Philo Bridge was built in 1953 and is located within the boundary of a historic district. The project time lines were tight, and the schedule was maintained because the team was motivated to use early acquisition and other flexibilities to complete the project. The team's ability to work collaboratively likely saved taxpayer's time and money on this important project.
Congratulations to Ohio DOT!
This award recognizes Meridian Engineering, Inc., a surveying and engineering firm headquartered in South Jordan, Utah that has provided surveying, right of way, preconstruction engineering, and construction engineering management services for state and local governments since 1997. This year, Meridian Engineering worked with Utah Department of Transportation (UDOT) to create an enhanced GIS map for the Redwood Road (SR-68) project. The new map incorporated interactive visualization of project elements, and has become the model for all future projects. UDOT's communication with stakeholders using visual and spatial data in a consistent and comprehensive way was invaluable in accelerating project delivery.
The Redwood Road project required removing more than 40 homes from the right-of-way of a future seven lane highway. Many of the homeowners had lived in the area for decades, and UDOT was committed to working with stakeholders to ensure a positive outcome. Part of the project management strategy included bi-weekly meetings with UDOT staff and contractors to discuss right-of-way design, the acquisition process, and other critical project elements.
To support information sharing during these meetings, the project team relied on detailed and thorough visual and spatial information, including aerial photography, topography, parcel information and boundaries, existing right-of-way, and other data layers. The GIS map was agile, interactive, and regularly updated to reflect changes in parcel status. The advanced GIS approach facilitated successful delivery of the project and became a model for future projects.
Congratulations to Meridian Engineering, Inc.!
This award recognizes Meridian Engineering of South Jordan, UT for its innovative and paperless effort to implement the SR-10 road widening project for the Utah Department of Transportation (UDOT). The project affected more than 87 properties located approximately two hours from municipal staff, consultants, appraisers, and acquisition staff. In an effort to minimize costly and time-consuming trips to the field, Meridian Engineering, Inc. used LiDAR to determine accurate 3-D positions for structures, electricity transmission equipment, topographic features, and more. This data was incorporated into a Web-based GIS that allowed team members to understand field characteristics from their offices.
The 3D detailed maps were also available on tablets and mobile devices to give staff even more flexibility in managing the project. Finally, the mapping system incorporated interactive elements to make it easier to share with property owners and stakeholders who sometimes find it difficult to read the technical data on complex right-of-way plan sheets. Staff in the field could incorporate photos and other data points directly into the web-based GIS, creating an innovative "living" version of traditional paper plans.
The technology innovations on this project helped landowners see and experience how their property will change as UDOT completes the construction in 2019; staff remarked on how much time and money was saved on unneeded trips to the field. Together with the hard work of good agents, the project was cleared in record time.
Congratulations to Meridian Engineering, Inc!
This award recognizes the Arkansas Department of Transportation (ArDOT), the Department of the Interior (DOI), and the National Park Service (NPS) for their collaboration and leadership on the Pruitt Bridge project. An interagency team worked diligently to carry out a complex project to replace a bridge on State Scenic Highway 7 traversing the Buffalo National River (BNR).
The ecologically diverse site – more than 15 acres – includes state and federal lands, and required coordination of federal land transfers among NPS, FHWA, Arkansas State Highway Commission and Newton County. The project also required valuation coordination with the Department of Interior's Appraisal & Valuation Services Office. The Buffalo River and Mill Creek areas are also home to an endangered bat species, which mandated careful coordination of tree clearing and other site activities during the bats' active season.
ArDOT was determined to work effectively with the FHWA Arkansas Division Office and BNR-NPS to ensure the federal land transfer could be delivered in time to permit the road contractor to clear the trees on the project prior to the cessation period for endangered bat activities. This included coordinating with ArDOT, BNR-NPS, NPS-Midwest Regional Office, FHWA and DOI. All parties had an understanding of what their role and deadline was in each phase of the federal land transfer process. BNR-NPS worked with ArDOT Relocation Section to relocate personal property inside the NPS structure acquired for the project before the federal land transfer was completed.
ArDOT and BNR-NPS have implemented an innovative approach for improving the project delivery by exchanging the acquired structure for an equivalent value of paving of the Pruitt Day Use Area on the project corridor. ArDOT and BNR-NPS coordinated the execution of special permits to allow clearing activities prior to the deed transfers.
The agencies engaged in thoughtful and regular communication with key stakeholders, concurred on roles and responsibilities, and used innovative approaches to appraisal, relocation, and acquisition activities. As a result, this project is scheduled to be delivered for construction approximately 10 months from approval of its FONSI.
Congratulations ArDOT, DOI, and NPS!
This award recognizes Washington County Minnesota's Public Works Department for its stewardship of natural resources, recreational infrastructure, and public safety while managing the Highway 36 and Hadley Avenue interchange project. The County replaced a crash-plagued signalized intersection with a grade separated interchange and improved pedestrian safety and access on the Gateway State Trail, a popular Minnesota Department of Natural Resources (DNR) asset.
A locally-led project, Washington County was solely responsible for right-of-way acquisitions for this $27M project. This required coordination among four public agencies, numerous private property owners including a mobile-home park, a multi-generational family-run business, and a land donor. Because the project received federal funding, Washington County was committed to showing exemplary stewardship of taxpayer funds during the bidding and construction process. Additionally, the County demonstrated stewardship of natural resources and recreational assets by taking an innovative approach to valuation of 12 pine trees that required removal and consideration of the noise impacts of the project on a popular multi-use DNR trail.
Washington County Minnesota Public Works' stewardship and commitment to project partners, City and County taxpayers, private project owners, and the traveling public helped build the trust needed to carry out the complex project.
Congratulations to Washington County Minnesota Public Works!
Contributors: Laura Rogers, Todd Ensminger, Rich Louis, Joe Palechek, Mike Haifley, Elizabeth Habic, Eric Dougherty, Nelson Smith, William Jackson
Maryland Department of Transportation (MDOT) owns or controls more than 874 facilities, including buildings, parking garages and parking lots, in addition to roadway Right of Way and unimproved lots that can be evaluated for solar photovoltaic (PV) system installation. MDOT has targeted 35 sites for development to provide 34 megawatts (MW) of capacity, 46,000 MW hours and 32,000 metric tons of carbon dioxide equivalent reduction annually, and the provision for 326 jobs. MDOT is constantly evaluating its real estate portfolio for additional opportunities and continues to identify properties that may be available for PV system development. MDOT has awarded six Master Service Agreements to master contractors who will compete to construct, install, own, operate, maintain, and decommission PV facilities with no capital investment provided by the State of Maryland.
This program differs from other states in its comprehensive systems approach to assessing the state's energy needs and available ROW assets. MDOT encountered some major challenges in getting this ambitious program off the ground: competing use of property; Right of Way encroachment; public concern with changing the viewshed; structural integrity of existing infrastructure; safety and security; existing utilities in the right of way; signage clearance areas; operation and maintenance activities; water quality treatment areas for the Chesapeake Bay Total Maximum Daily Load (TMDL); and interconnection capability close to PV system installation.
In response, MDOT updated its Utility Manual to include processes for installing solar PV systems in the Right of Way and developed internal procedures to ensure early and transparent communication with its federal partners. Renewable energy in the right of way is a relatively new application and is still evolving as technology advances and laws and regulations change to make way for this advance. MDOT's process leads the way in innovative technology and the application of the technology to deliver safe, sustainable, intelligent, exceptional Right of Way solutions enabling MDOT to provide innovative uses of public property.
The Virginia Department of Transportation (VDOT) Right of Way & Utilities Division developed a two-year training program for recent college graduates hired as Right of Way Agent I. Trainees spend the first year rotating through business units like Location and Design, Survey, Land Use and Residency field offices. The second year of development is concentrated on disciplines like negotiations, special projects, property management or appraisal program areas.
Each Right of Way Agent I is exposed to public hearings, eminent domain trials and County Board of Supervisors' meetings. This provides a strong foundation in understanding the role of the Right of Way & Utilities Division and how it fits into the overall mission of the VDOT. Trainees are afforded immeasurable opportunities to network with other sections and individuals throughout the Agency. The program has helped VDOT develop a pipeline of skilled professionals and carry out succession planning in a field that is specialized and difficult to staff.
Most permanent easements for highway purposes are coordinated through FHWA and the other Federal Agency for the State Agency's use. In this challenging and rare case, however, South Dakota DOT (SDDOT) is transferring the jurisdiction and permanent easement ROW from a State Highway Agency to the National Park Service.
SDDOT has been working with Wind Cave National Park on transferring a short section (approximately 0.4 miles) of US385 near the south park boundary. The park currently has jurisdiction of the existing 6.5 miles of US385 within the Park boundary. The current park boundary is along a horizontal curve that does not provide adequate sight distance for vehicles approaching the park. There have been numerous crashes and near misses with wildlife at the park entrance. The proposed project and jurisdictional transfer moves the entrance along a tangent that provides adequate sight distance for both directions of travel.
SDDOT led the collaboration efforts with the National Park Service and FHWA SD Division Office. The FHWA SD Division Office and the FHWA ROW Program coordinated with FHWA Chief Counsel and FHWA Federal Lands to assure all requirements were met.
Ms. Gina M. Anthony, SR/WA, worked for Maryland DOT as Director for the Maryland State Highway Administration's Office of Real Estate. Ms. Anthony began her at career Maryland State Highway Administration as a Relocation Assistance Specialist. In 1992, Ms. Anthony became an Assistant Chief of Right-of-Way for the Office of Real Estate's District 3 office, and in 1997 was promoted to the District Chief of Right-of-Way position for Baltimore and Harford counties. She is a former licensed real estate appraiser in the State of Maryland and she attained a senior right-of-way designation from the International Right of Way Association.
Rosalyn M. Zeigler joined Associated Right of Way Services (AR/WS) in 2011 with 35 years of extensive public real estate and right of way experience. During her career, she has had the opportunity to become thoroughly experienced in appraisal, acquisition, relocation, property disposal and management. Prior to joining the AR/WS team, Ms. Zeigler was a Principal Right-of-Way Agent with the Orange County (California) Transportation Authority and a consultant with the City of Elk Grove, California as Senior Real Property Agent.
Layne Patton enjoyed a 40-year career in real estate after obtaining an associate's degree in electronics. He began as a salesperson in 1978, became a real estate in 1985, and then a certified real estate appraiser in 1992. He finished his career in government with more than five years at the Texas DOT and more than 17 years at FHWA. During his time at FHWA, Layne worked in the right of way discipline in several states, including California, Florida, Arizona, New Mexico, and at U.S. DOT Headquarters in Washington, D.C. He retired at the end of 2017 moving home to the Texas hill country to, in his words, "let his hair grow out."
Photo sources: Gina Anthony, Rosalyn Zeigler, and Layne Patton
