The same procedure should be followed for other land markers encountered, such as block corners, lot corners, and other land boundary corners.
Acquisition of Right-of-Way. (1) Permanent Construction Easements
the construction of the project are normally acquired prior to the
construction. Division. If
This acquisition is performed by (or coordinated with) a situation arises in which additional right-of-way
beginning of Right-of-Way a permanent
construction easement is required, a Change Order is necessary. Division will arrange for the acquisition of the additional land and Engineer of any further requirements.
The Right-of-Way advise the Resident
(2) Temporary Construction Easements. In many cases, a temporary easement is all that is needed, whether a Change Order is required or not. Prior to acquisition, every temporary construction easement (TCE) which is not donated must be assigned a "fair rental value". On projects involving R/W and easements acquired by an entity other than the Department (usually County or City), establishment and payment of this "fair rental value" shall be handled by that entity. On projects involving R/W and easements acquired by the Department, to minimize administrative costs and to facilitate timely acquisition of these temporary easements, the Resident Engineer shall attempt to establish a fair and equitable value.
When a TCE is added at the request of the property owner, to allow work which will benefit the remaining land, the property owner should be requested to donate the easement. Examples of this type of benefit would be the construction of a driveway or improvements to the existing drainage conditions. When a property owner agrees to donate the easement, no value need be assigned to the TCE, the consideration being the benefits accruing to the lands of the property owner. If the Department needs a TCE to allow the required construction and this work will be beneficial to the property owner, then a donation of the easement should be solicited. If the property owner is opposed to donating the easement, a value of $50.00 may be assigned to the TCE.
Occasionally, small improvements may exist within the limits of the required TCE, and the removal of these improvements may be necessary to facilitate construction. (Examples are flowers, shrubs, trees, etc.) When this occurs and the property owner requires compensation for the loss, the Resident Engineer should discuss this with the Appraisal Section of the Right-of-Way Division before trying to negotiate a settlement. In this situation, no commitment on value should be made to the property owner until after the Appraisal Section has been consulted.
In cases where significant damage to a property may occur or damage may be questionable, the Appraisal Section should be contacted so a field investigation by an appraiser can be made and a value established which can be substantiated in court.
When a "fair rental value" has been assigned to a TCE, it will take the Department approximately 15 days from the date of receipt of the signed easement in the Right-of-Way Division to have the payment back to the property owner. When the acquisition of the TCE is the responsibility of some other entity than the Department, payment will be handled accordingly.
The Resident Engineer should be familiar with this policy and ensure that it is implemented properly. If questions arise that cannot be resolved at the District level, the