National Academies Press: OpenBook
« Previous: Acronyms and Abbreviations
Page 41
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 41
Page 42
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 42
Page 43
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 43
Page 44
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 44
Page 45
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 45
Page 46
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 46
Page 47
Suggested Citation:"Terminology." National Academies of Sciences, Engineering, and Medicine. 2011. Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices. Washington, DC: The National Academies Press. doi: 10.17226/14504.
×
Page 47

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Standard Terminology from Uniform Act appraisal: A written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. appraisal waiver: Method of establishing property value if the agency determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is esti- mated below an established threshold. business: Any lawful activity, excepting a farm operation, conducted primarily 1. for the purchase, sale, lease and rental of personal and real property, and for the manufac- ture, processing, or marketing of products, commodities, or any other personal property; 2. for the sale of services to the public; 3. by a nonprofit organization. comparable replacement dwelling: Any dwelling that is 1. decent, safe, and sanitary; 2. adequate in size to accommodate the occupants; 3. within the financial means of the displaced person; 4. functionally equivalent; 5. in an area not subject to unreasonable adverse environmental conditions; and 6. in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services, and the displaced person’s place of employment. corridor preservation: See protective buying. detailed appraisal: An appraisal format for all valuations that require in-depth analysis and presentation of relevant market information. displacing agency: Any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person. displaced person: Any person who moves from real property, or moves his personal property from real property 1. as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with Federal financial assistance; or 2. on which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in paragraph (7)(D), as a direct result of rehabilitation, demolition, 41 Terminology

or such other displacing activity as the lead agency may prescribe, under a program or project undertaken by a Federal agency or with Federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent. farm operation: Any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support. Federal agency: Any department, agency, or instrumentality in the executive branch of the Gov- ernment, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law. Federal financial assistance: Means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia. lead agency: The United States Department of Transportation. low value appraisal: An appraisal technique used for appraisal waivers for uncomplicated and low value acquisitions. minimum payment: Policy to offer a minimum acquisition amount for nominal acquisitions. minimum standards appraisal: An appraisal format that is consistent with established and commonly accepted practice for acquisitions which, by virtue of their low value and simplicity, do not require the in-depth analysis and presentation necessary in a detailed appraisal. Also referred to as memorandum appraisal. mortgage: Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State in which the real property is located, together with the credit instruments, if any, secured thereby. person: Any individual, partnership, corporation, or association. protective buying: Purchasing a limited number of parcels within the line of a proposed trans- portation corridor prior to location approval to preclude development from occurring which may limit the choice of highway alternatives. short form appraisal: Example of a minimum standards appraisal that includes descriptions of the property and acquisition, an analysis of the comparable sales used, photographs of the property, and an analysis of the value conclusions. State: Any of the several States of the United States, the District of Columbia, the Common- wealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. state agency: Any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law. value finding appraisal: Example of a minimum standards appraisal for uncomplicated acquisitions of only land or land and minor improvements and includes comparable sales data, photographs of the property and a brief analysis of the value conclusion. 42 Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System

Additional or Alternative Terminology The terminology presented in this section was identified during the course of NCHRP Project 8-55A. Where possible, a source is included in parenthesis. However, this does not indicate that the official definition of the term comes from that source, just that it was identified from that source. Terms in italics were identified as alternative terminology for more uniformly accepted terms. 30-day notice: This is a notice that may be given to a person who will be required to move a residence, business, or personal property as a result of an agency’s project. It informs the person that he or she must move the residence, business, or personal property 30 days from the date of the notice. (FHWA 2009) access control: Power of Government to restrict/control a property owner’s right to create entrances and exits on a public road. (FHWA 2009) acquisition: The process of obtaining right-of-way necessary to construct or support a project. (FHWA 2009) actual moving expenses: The costs that are paid to disconnect, move, and reinstall personal property. These costs are usually associated with the move of a business. A complete list of costs eligible for Federal reimbursement can be found in 49 CFR 24.301 and 303. (FHWA 2009) actual direct loss of tangible personal property: Businesses and farms that move as a result of having their real estate acquired sometimes elect not to move some of their personal property. They may be eligible to receive a payment for this personal property. See 49 CFR 24.301(g)(14) for a complete explanation of how an Actual Direct Loss of Tangible Personal Property payment is calculated. (FHWA 2009) administrative settlement: Payment amount offered by a state transportation agency to encourage the owner to agree to settle. (FHWA 2007) after appraisal: Part of the appraisal of a property from which only a portion of that property is acquired for the planned project. This type of acquisition is often referred to as a “partial acquisition.” That portion that is valued “after” the acquisition is sometimes referred to as the “remainder” or “remaining parcel.” The after value takes into account the effects of the partial acquisition and any effects (negative or positive) that it may have on the value of the remainder. (FHWA 2009) alternate dispute resolution (ADR): A range of different forums and processes that can be used to resolve a dispute. Two forms of ADR include administrative settlements and mediation. (FHWA 2009) approved appraisal: An appraisal must be approved by an agency official before it can be used as the basis for offering an estimate of just compensation. (FHWA 2009) before appraisal: Part of the appraisal of an affected property that estimates the value of the property as it is before the acquisition. Law and regulations typically require that this estimate of value cannot include any increase or decrease in the value of the property that results from the planned or anticipated project. (FHWA 2009) condemnation: The legal process of acquiring private property for public use or purpose through the state’s power of eminent domain. Condemnation is usually not used until all attempts to reach a mutually satisfactory agreement through negotiations have failed. (Vir- ginia DOT) cost of substitute personal property (relocation assistance): In some instances a business or farm owner who has to move his or her personal property may decide to replace some items of Terminology 43

personal property instead of moving them. The property owner may receive some reimburse- ment for replacing these items of personal property at the site to which he or she moves. An explanation of how to calculate the reimbursement a property owner is eligible to receive can be found at 49 CFR 24.301(g)(16). (FHWA 2009) cost (appraisal approach): Cost, income capitalization, and sales comparison are the three approaches an appraiser can use to estimate the value of a property. The cost approach estimates the value of a property by adding the value of the land plus estimated cost to construct/replace the improvement and then subtracting the estimated amount of depreciation from the current structure. (FHWA 2009) damages: In some instances, the acquisition, planned use, or construction may cause a loss in value of remaining property (damages may also extend to adjoining properties in which the property owner has an interest). Normally, the value of the damage is based on a before and after appraisal or on the cost to cure. An owner is entitled to payment of damages and receives this payment as a part of the payment of just compensation. (FHWA 2009) disconnect costs: When a business or farm owner has to move personal property, he may be eligible to receive reimbursement for the cost to disconnect, dismantle, and remove his personal property. See 49 CFR 24.301(g)(3) for a list of federally reimbursable disconnect costs. (FHWA 2009) DSS survey: Survey of physical condition of a replacement dwelling and its effect on the health and safety of the occupants. (FHWA 2009) easement: An easement is the right of one person to use all or part of the property of another person for some specific purpose. Easements can be permanent or temporary. The term may be used to describe either the right itself or the document conferring the right. (Virginia DOT) eminent domain: The right to take private property for public use. In the United States, just compensation must be paid for private property. (Virginia DOT) encroachments: A situation that usually occurs when items such as a house, sign or well are discov- ered to be on agency property (right-of-way, etc.) illegally or without permission. (FHWA 2009) fair market value: The price which a willing buyer will pay a willing seller for a piece of real estate. The exact definition of fair market value depends on where (the jurisdiction) the property being bought or sold is located, on state/local case law and on other state/local legal issues. (FHWA 2009) federally assisted project: A federally assisted project is one which receives Federal reimbursement or payment of some project expenses such as planning, construction, right-of-way acquisition, and property management. (FHWA 2009) (fixed residential moving cost) schedule: This schedule is used to calculate the amount of reimbursement that displaced persons may be eligible to receive if they decide to move their own personal property. A copy can be found at http://www.fhwa.dot.gov/realestate/index.htm in the section Relocation Assistance. (FHWA 2009) functionally equivalent: Term used to describe how the replacement dwelling offered to a displaced person is to compare to the displacement dwelling in regard to performing the same function, and providing the same utility. (FHWA 2009) highest and best use: The legal use or development/redevelopment of a property that makes it most valuable to a buyer or the market. (FHWA 2009) housing of last resort: Justification for additional or alternative assistance when a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available. (FHWA 2009) Also referred to as last resort housing. 44 Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System

incentive payment: payments that are over and above the just compensation offer or computed relocation benefits. (FHWA 2006) incidental expenses (settlement expenses): Reimbursement for some settlement expenses that a residential property owner may receive after he or she buys a dwelling to replace the acquired prop- erty. A complete list of eligible expenses can be found at 49 CFR 24.401(e)(1-9). (FHWA 2009) increased mortgage interest costs: This is a payment that a residential property owner may be eligible to receive to offset the increased cost of getting a mortgage on a replacement dwelling. An explanation of how to determine if a property owner is eligible to receive this reimbursement and how to calculate the payment can be found at 49 CFR 24.401(d). (FHWA 2009) initiation of negotiations: The date an agency makes the first personal contact with the owner of real property, or his/her representative, to provide a written offer to purchase the property being acquired. (Virginia DOT) interest: A right, title, or legal share in something. People who share in the ownership of real property have an interest in the property. (Virginia DOT) just compensation: The payment to a property owner to acquire property for a federally funded or federally assisted project. The payment includes the value of the real estate acquired and any damages caused to the remainder of the property by the acquisition and/or construction. (FHWA 2009) last resort housing: Same as housing of last resort lease: An agreement between a landlord, a property owner or property manager, and a tenant. (FHWA 2009) loss of tangible personal property: Same as alternate actual payment [California DOT (Caltrans)] memorandum appraisal: See minimum standards appraisal. (Caltrans) minimum payment method: See waiver valuation. (Caltrans) minimum qualifications of appraisers: The criteria that an agency uses to determine which appraisers or review appraisers are qualified based on experience, state licenses, or state certifi- cations to perform specific appraisal and review assignments. Additional information on minimum qualifications of appraisers can be found at 49 CFR 24.103(d), Qualifications of appraisers and review appraisers. (FHWA 2009) mobile home: The term mobile home includes manufactured homes and recreational vehicles used as residences [See 49 CFR 24.2(a)(17)]. (FHWA 2009) negotiation: The primary method for acquiring property. It involves explaining items such as details of construction, offer of just compensation, and what just compensation is. The negotia- tion process involves listening to the property owner and determining the best way (negotiated settlement/administrative settlement) to reach an agreement for the sale of property. (FHWA 2009) NEPA (National Environmental Policy Act of 1969): NEPA applies to all Federal agencies and most of the activities they manage, regulate, or fund that affect the environment. It requires all agencies to disclose and consider the environmental implications of their proposed actions. Information on NEPA and Federal aid project requirements can be found in the regulations at 23 CFR 771. (FHWA 2009) nonprofit organization: A public or private entity that has established its nonprofit status under applicable Federal or state law. (Virginia DOT) parcel diary: See waiver valuation. (Caltrans) Terminology 45

personal property: In general, refers to property that can be moved and is not permanently attached to, or a part of, the real estate. (FHWA 2009) personalty: Refers to items that are determined to be personal property. (FHWA 2009) realty: Refers to items that are determined to be real property. (FHWA 2009) reestablishment expenses: A business, farm, or nonprofit organization may be eligible to receive reimbursement for some of its expenses related to relocating and re-establishing when it is required to move for a federally aided project. A list of expenses that are reimbursable can be found at 49 CFR 24.304. (FHWA 2009) regulatory (Federal aid program): This refers to the regulations that tell how the Federal aid highway program is administered. The primary regulations for right-of-way real property acqui- sition, relocation, appraisal, property management, junkyard control, outdoor advertising, and property management are 23 CFR 710, 750, 751 and 49 CFR 24. (FHWA 2009) relocation assistance program (RAP): Structured program to ensure that persons displaced as a result of a state highway project are treated fairly, consistently, and equitably. (Caltrans) relocation impact document: See relocation survey. (Caltrans) relocation planning: A process for federally aided projects and programs that involve identifying and considering the potential impact created by displacing residences, farms, businesses, and nonprofit organizations and planning methods to minimize that impact. Information on relo- cation planning requirements can be found at 49 CFR 24.205. (FHWA 2009) relocation survey: The preparation of an inventory of characteristics and needs of individuals, families, businesses and non-profit organizations, and farms to be relocated including (1) a survey of the real estate market to determine if an adequate supply of comparable replacement housing and suitable replacement locations for businesses and farms will be available to meet the needs of the displaced persons in a timely manner, (2) an analysis of the problems anticipated in the relocation of the occupants including any special relocation advisory services that may be necessary, and (3) proposed solutions for resolving anticipated problems. (FHWA 2009) replacement housing valuation: Same as DSS survey. small business: A business having not more than an established number of employees working at a site that is the location of economic activity and that will be acquired for a program or project or is displaced by a program or project. (Virginia DOT) statutory (Federal aid program): This refers to the laws passed by Congress that govern real estate acquisition activities for Federal and federally assisted programs and projects. The primary statute governing Federal and federally assisted real estate acquisition activities is the Uniform Act. (FHWA 2009) stipulated (legal) settlement: In instances in which condemnation proceedings have begun, parties can still negotiate, and in some instances, can agree to a settlement before their case is heard. To conclude the negotiation, the parties present the judge or presiding authority their agreement to settle, which is called a stipulated settlement. (FHWA 2009) uneconomic remnant: A segment of real property in which the owner is left with an interest after the partial acquisition of the owner’s property, and which has been determined has little or no value or utility to the owner. (FHWA 2009) utility relocation: The adjustment of a utility facility required by the program or project undertaken by the displacing agency. It includes removing and reinstalling the facility, including necessary temporary facilities; acquiring necessary right-of-way on a new location; moving, 46 Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System

rearranging, or changing the type of existing facilities; and taking any necessary safety and protective measures. (FHWA 2009) waiver valuation: The valuation process used and the product produced when the agency determines that an appraisal is not required, pursuant to 49 CFR 24.102(c)(2) appraisal waiver provisions. (FHWA 2009) Also referred to as minimum payment method; parcel diary (Caltrans) Terminology 47

Next: Appendices »
Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices Get This Book
×
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

TRB’s National Cooperative Highway Research Program (NCHRP) Report 695: Guide for Implementing a Geospatially Enabled Enterprise-wide Information Management System for Transportation Agency Real Estate Offices provides guidance for right-of-way offices in implementing a geospatially enabled enterprise-wide information management system and includes a logical model to assist with this implementation.

NCHRP Reort 695 presents the guide for implementing the logical model; a CD-ROM, included with the print version of the report, presents the logical model and a guide for its use. The annotated bibliography and executive summaries are available online.

The contractor's final report, which documents the research related to development of NCHRP Report 695, may be downloaded from the NCHRP Project 8-55A web page.

The CD-ROM is also available for download from TRB’s website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided below.

Help on Burning an .ISO CD-ROM Image

Download the .ISO CD-ROM Image

(Warning: This is a large file and may take some time to download using a high-speed connection.)

CD-ROM Disclaimer - This software is offered as is, without warranty or promise of support of any kind either expressed or implied. Under no circumstance will the National Academy of Sciences or the Transportation Research Board (collectively “TRB’) be liable for any loss or damage caused by the installation or operation of this product. TRB makes no representation or warranty of any kind, expressed or implied, in fact or in law, including without limitation, the warranty of merchantability or the warranty of fitness for a particular purpose, and shall not in any case be liable for any consequential or special damages.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!