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OCR for page 28
29 It is of interest to note that during the acquisition of access If the access rights are transferred to the new owner, rights, the Chief Engineer is involved in four of the respond- approximately one-half of the responding agencies indicated ing states, but was required by six states to participate when that the access rights are still subject to the state's rules, pro- the access rights were disposed of. The agency Right-of-Way cedures, and/or policies in the management of the access Director could make the decision to acquire in 26 of the agen- rights. For example, in Kentucky the access rights are still cies, but only 22 of the Right-of-Way Directors could deter- subject to Kentucky Administrative Regulations. In Maine, mine disposal of access. Commissioners were never part of they are still subject to the existing statute. the process to acquire access, but were required to participate in four states when access was disposed of. These numbers suggest that there is a more formal and formidable process FACTORS IN VALUATION AND NEGOTIATION for disposal than for acquisition. When agencies dispose of access rights, most of the respond- ing agencies use an appraisal to determine a valuation. If the agency approves the access right, the property Negotiation is used less frequently. Wisconsin uses both owner is not necessarily ensured of being allowed to con- negotiations and appraisals to determine a valuation. struct a driveway at this location: approximately half of the Appraisals are used for a change to an existing access right responding agencies ensure a driveway at this location. that was previously purchased, whereas negotiations are used Figure 16 presents the agency responses. Some of those not for a change to an existing access right that was previously ensuring a driveway require a permit and approve the controlled by statute. Figure 17 depicts the methods used by access if it is reasonably convenient and suitable where the various responding agencies to determine a valuation. alternative access is not available. Several agencies use other techniques in addition to nego- There are occasions when it may be necessary to transfer tiation and appraisal to determine a valuation. In addition to the ownership of a roadway to another jurisdiction, such as an appraisal, Louisiana relies on a property management offi- a city or county, where the jurisdiction had previously cer to determine a valuation for access rights on both acquired access rights. When this happens, most responding nonfreeways and arterials and crossroads. Montana uses states indicated that the access rights are automatically negotiation, appraisal, and the court system to determine a transferred to the new owner along with the ownership. Sev- valuation on crossroads at interchanges. eral of the responding agencies indicated that the access rights remained with their agency even though the owner- ship was transferred. In Massachusetts, this issue has not COMPLEXITIES OF DISPOSAL been decided legally, so that the access rights remain with the state. Sometimes the ownership of the access rights is When agencies were asked about their level of success with negotiated. In Wisconsin, if the access was controlled in the purchasing partial access control as compared with their past by statute, the control can be vacated if it is no longer experiences on Interstate freeways, they brought up the issue being used for state highway travel. If the county decides to of disposal. One respondent indicated that once the access maintain the control, the access rights can be transferred right is purchased, the property right cannot be vacated. In under a separate statute. some states, access is acquired through eminent domain with 100% 80% 60% 55% 52% 48% 42% 40% Nonfreeways and Arterials Crossroads at Interchanges 20% 0% Yes No FIGURE 16 Answers to Questions 22e and 23e: "If an access right is approved, will the property owner be ensured of being allowed to construct a driveway to the highway or arterial at this location?"

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30 100% 88% 85% 80% 60% Nonfreeways and Arterials Crossroads at 40% Interchanges 24% 21% 18% 20% 15% 0% Negotiation Appraisal Other FIGURE 17 Answers to Questions 22d and 23d: "If you dispose of access rights to an abutting property owner, how do you determine the value?" (Note: Multiple responses were possible.) the use of federal funds. When an agency wishes to dispose rights were disposed of and/or a roadway was transferred to of access, it needs federal approval to sell the access right. As another jurisdiction in the future. Section 1303 of the a result, disposal can be difficult. Transportation Equity Act for the 21st Century (TEA-21) states that the net income received from the sale or lease of Various state transportation agencies are uncertain as to property can be used on any Title 23 eligible project (26). how to dispose of access rights when they were originally Once received, the federal share of the net income should acquired through federal funds or from a trust fund. It is not be held in an account until an eligible Title 23 project is clear if the agencies are aware that there is a process if these available.