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27 praisal to be completed.327 Additionally, by giving own- access restrictions on land remaining after a condemna- ers a full appraisal rather than an appraisal summary tion."340 statement, "owners have more to complain and/or argue about, thus delaying settlements.328 Knowing that [Or- 3. Project Planning der of Possession or OP] hearings are now part of the As discussed in Section VI of the digest, some states' process, reduced negotiation time occurs to make up for post-Kelo reforms include new procedural requirements. the added time it takes to get an OP."329 However, 22 of the 26 transportation departments in One effect on land acquisition in Missouri is that states having post-Kelo reforms reported that the laws "[o]ccupants of acquired residential property now have had not affected the agency's planning for projects. The 100 days to vacate the premises, instead of the 90 days DOTs in four states, California, Missouri, Nevada, and provided by federal law."330 Furthermore, Wyoming, reported that there had been an impact on [u]nder Missouri's new post-Kelo statutes, a "Notice of the project planning. Intended Acquisition" must now be provided to affected property owners at least 60 days prior to filing a condem- Table 7. Post-Kelo Reforms' Effect on nation petition. The petition cannot be filed within 30 Project Planning days of MHTC's written purchase offer. In addition, MHTC offers the new statutory homestead or heritage Transportation depart- 22 (85 percent) bonus as an administrative settlement during pre- condemnation negotiations if the property owners qual- ments reporting no effect on ify.331 project planning Transportation depart- 4 (15 percent) The Nevada DOT stated that, regardless of size, all ments reporting some effect acquisitions may need an appraisal if condemnation is on project planning possible. Therefore, in planning projects, it is necessary to consider the time and effort needed to prepare each California stated that the changes since Kelo have acquisition for the possibility of a condemnation ac- necessitated longer lead times to acquire property be- tion.332 The cost and time necessary to prepare apprais- cause of the OP hearing process and because of having als must be taken into account.333 The DOT stated that to craft a "property owner-ready" appraisal.341 Simi- the law has "[c]hanged our definition of fair market larly, in Missouri, "[a]dditional time now has to be value to the `highest price in terms of cash' instead of added to project schedules to comply with the new stat- `most probable price....'"334 The change "may have an utes," and "each potentially impacted property owner impact on the dollar amount paid to the property has a pre-condemnation option to propose alternate owner, but [it] is hard to measure the impact."335 If the locations."342 department acquires property by eminent domain, the department "must use it within 5 years of the acquisi- C. Other Post-Kelo Laws' Effects on tion. Therefore, we must keep track of these acquisi- Transportation Projects tions...."336 In contrast, in 2006, Pennsylvania enacted the Prop- erty Rights Protection Act337 as part of a reenactment of 1. Construction Pennsylvania's Eminent Domain Code.338 Because the Only California advised that because of the new re- post-Kelo changes apply mostly to redevelopment, quirements, "construction has greater impetus to `turn PennDOT reported that the changes have not affected dirt' lest the Department has to get into a lease back or any PennDOT projects.339 "In fact, the only provision buy back situation with impacted property owners."343 directly impacting PennDOT bolsters PennDOT's abil- ity to condemn private lands to lessen the impacts of 2. Property Management The transportation departments in two states, Cali- fornia and Nevada, said that property management had 327 been affected. Caltrans, for example, observed that the Caltrans' Survey Response, dated Mar. 18, 2011. 328 new "requirements have the potential of adding work- Id. 329 load to property management to find the owners, then Id. craft either the leases or the selling of property that has 330 MHTC's Survey Response, dated Mar. 10, 2011. not yet been used as part of a construction project."344 331 Id. 332 Nevada DOT's Survey Response, dated Mar. 14, 2011. 333 Id. 334 Id. 340 Id. 335 Id. 341 Caltrans' Survey Response, dated Mar. 18, 2011. 336 Id. 342 MHTC's Survey Response, dated Mar. 10, 2011. 337 26 PA. CONS. STAT. 20107. 343 Caltrans' Survey Response, dated March 18, 2011 (citing 338 Id. 101, et seq. SB 1650). 339 344 PennDOT's Survey Response, dated Mar. 9, 2011. Id.