The “Right” Way for Right-of-Way
Insufficient infrastructure planning for right-of-way and easement acquisition can affect the schedule and budget of a project. This is why it is critically important for project stakeholders to ask the right questions and plan for a right-of-way scenario. The following are some items to consider.
When Is a Right of Way Easement Required?
Regarding the replacement of a waterline, power line, public roadway, or any other feature providing infrastructure for public necessity, you need to evaluate whether there is an existing permissible property right for the proposed infrastructure to be there.
If no easement or right-of-way is in place, the rights will need to be obtained from the existing landowners. These rights are part of the bundle of title rights of the owner and are typically easements or rights-of-way of a specific width and length relative to the overall property.
How Easement Agreement Laws Impact Your Project Schedule
Legally, landowners have considerable rights and are required by law to be adequately compensated and treated fairly for those rights (fair market value). These rights are codified by both state and federal laws governing the procedures required to obtain the necessary rights from the landowner for the construction of the project.
Adherence to these laws can have a great impact on the project schedule, because the specific laws set a time frame for the landowner to review the documents and accept or decline the offer.
Should the landowner decline the offer, and a settlement cannot be reached, a lengthy, legal appropriations process is then set in motion. This process follows a distinct set of requirements and criteria and may delay your project.
What Does This Mean for You?
For projects that are federally funded, not planning for right-of-way acquisition can result in overruns for both schedule and budget, putting the project in jeopardy. Failure to follow the laws can cause the federal funding agency to pull the funds completely as the rules were put in place to protect the rights of the public and the project owner.
Proactive Infrastructure Planning Protects Projects and the Public
The job of the civil engineer/right-of-way agent is to be an advocate for the public, equally protecting the rights of the people and the project stakeholders. The key component is planning. It is imperative that engineering and planning specialists make a proactive plan for right-of-way acquisition even if it is not needed in the end.
Get the Right of Way Expertise Your Project Needs
Our team of professionals is here to guide you through every step of the process, from early planning to final negotiations. As a trusted right of way company, we understand the complexities involved in securing easements and land rights. No matter how simple or complex the project, we provide right-of-way acquisition services that keep your project on schedule and in compliance with all applicable laws. Contact us today to learn how we can help you move your next project forward with confidence.