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Acquisitions of Real Property and/or EasementsTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acquisitions of Real Property and/or Easements DATE: April 28, 2009 City Engineer Gus Psihoyos is recommending adoption of a resolution authorizing appropriate City personnel designated by the City Manager to negotiate the purchase of "uncomplicated" properties and easements that have an estimated fair market value of less than $10,000. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich el C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: April 27, 2009 SUBJECT: Acquisitions of Real Property and/or Easements INTRODUCTION This is a request from the Engineering Department for authorization to negotiate the purchase of "uncomplicated" properties and easements which have an estimated fair market value of less than $10,000. BACKGROUND In general the City of Dubuque follows the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) when purchasing real estate for public improvements. This procedure includes: the preparation of an appraisal to determine the fair market value; giving notice; observing a 10- or 30-day waiting period; and then beginning negotiations. There is a provision in Iowa Code that allows for a waiver of the appraisal provision [I.C.6B.54(2)] for non-complex, minor acquisitions with relatively low values. In lieu of a formal appraisal, a compensation estimate containing just compensation may be prepared in the presence of the property owner. The property owner may waive their right to a formal appraisal and notice as otherwise required. Guidelines for the procedure have been established by the Iowa Department of Transportation (Iowa DOT) and have been approved by the Federal Highway Administration for use when federal funds are anticipated. These guidelines would be followed by City personnel. DISCUSSION The use of the Appraisal Waiver Provision for acquiring non-complicated properties and easements will help reduce the cost and expedite the completion of acquisitions for public improvements. This allows one person to meet with the property owner and present all the necessary information for them to make an informed decision about the purchase. The property owner participates in the calculation of how the value was established, receives an offer, and signs the documents at the time of the initial visit, if they choose. Land values would be estimated from the assessed valuation of the property and two recent sales of similar property. Temporary and permanent easements would be valued proportionately to the land value based on the proposed use and location on the parcel. Any acquisition deemed "complicated" per the Iowa DOT guidelines would require a formal appraisal. CONCLUSION The use of Compensation Estimates as provided by the Appraisal Waiver Provision of the Iowa Code will expedite simple property and easement acquisitions for public works projects. The Engineering Department, with access to county records, recent appraisals, and sales information, feel confident that for the majority of simple acquisitions, just compensation can be arrived at with the property owner, and therefore, requests authorization to proceed with said procedure as outlined in the Iowa DOT document, "Using Compensation Estimates in Your Public Improvement Projects". RECOMMENDATION The City Council is requested to approve a resolution authorizing a designee from the Engineering Department to prepare compensation estimates for non-complicated acquisitions in accordance with guidelines established by the Iowa Department of Transportation and Iowa Code Section 6B.54(2). cc: Ron Turner, PLS RESOLUTION NO. 139-09 A RESOLUTION TO ALLOW THE USE OF THE "APPRAISAL WAIVER PROVISION" FOR PURCHASE OF UNCOMPLICATED ACQUISITIONS FOR PUBLIC IMPROVEMENT PROJECTS Whereas, during the course of design of public improvement projects, it may be necessary for the City of Dubuque to acquire small tracts of land and/or easements with relatively low values; and Whereas, Iowa Code Section 68.54(2) under certain conditions provides for the use of an Appraisal Waiver Provision; and Whereas, the Iowa Department of Transportation has established guidelines for non-complex, minor acquisition of relatively low value which has been approved by the Federal Highway Administration; and Whereas, utilization of the Appraisal Waiver Provision will expedite the construction of public improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of the Appraisal Waiver Provision for non-complex, minor acquisitions of low value in accordance with established Iowa Department of Transportation guidelines with latest revisions, attached hereto, and as provided by Iowa Code Section 66.54(2). Section 2. The City Manager may designate appropriate City personnel to negotiate and prepare a Compensation Estimate or other documents for minor acquisitions and/or easements under the Appraisal Waiver Provision. Passed, adopted and approved this 4th day of May Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk USING COMPENSATION ESTIMATES ON YOUR PUBLIC IMPROVEMENT PROJECT Iowa Department of Trans INTRODUCTION The Appraisal Waiver Provision may save acquiring agencies and property owner's time, effort and expense. However, used improperly and in conflict with state and federal laws and regulations, the process may jeopardize state and federal financial participation in the project. This brochure was designed to assist agencies in the appropriate use of the Appraisal Waiver Provision. For additional information or assistance, contact the Iowa DOT's Property Management section by calling 515-239-1300, or by mail at: Property Management Office of Right-of-Way Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 Or visit us at our Web site at: www.dot.state.ia.us/rightofway/propertymanage/lpacs.html UNDERSTANDING THE APPRAISAL WAIVER PROVISION The Appraisal Waiver Provision is the legal, authorized process that provides acquiring agencies an alternative to obtaining appraisals in determining fair and just compensation. This process may only be used in very limited and specific situations. A compensation estimate is simply the form used to estimate fair and just compensation as part of the Appraisal Waiver Provision. The Appraisal Waiver Provision may be used as a part of a simplified acquisition process for non-complex, minor acquisitions with relatively low values. For this type of acquisition, the acquiring agency may determine that obtaining an appraisal is unnecessary. Developing a compensation estimate as part of the Appraisal Waiver Provision is an alternative method for estimating the amount to be offered to the property owners as just compensation. A compensation estimate is not an appraisal. It's a compensation estimate and is used in lieu of an appraisal; hence the phrase "Appraisal Waiver Provision: ' State and federal laws and regulations allow for the use of an Appraisal Waiver Provision. Iowa Code Section 6B.54 (2) provides for an Appraisal Waiver Provision. These laws specify that procedures may be developed for waiving an appraisal requirement in specific cases. The Iowa Department of Transportation's procedure has been approved by the Federal Highway Administration for use when there is federal participation in a project. PURPOSE OF THE APPRAISAL WAIVER PROVISION The basic premise of the Appraisal Waiver Provision is to provide an opportunity for the acquiring agency and property owner(s) to save time and resources when very small and uncomplicated acquisitions are required for public improvement projects. The property owner should be able to meet with one person and receive all the information necessary for the owner to make an informed decision. The property owner should see how the value was established, receive an offer of just compensation, and have an opportunity to sign all the necessary documents, if they choose. Providing all information during one visit allows the property owner and acquiring agency to reduce the time, effort and inconvenience of multiple representatives and calls. 3 STEP-BY-STEP GUIDE FOR UTILIZATION OF THE APPRAISAL WAIVER PROVISION The Appraisal Waiver Provision is most effective when the property owner understands how and why the process is being used. One person should prepare and present the compensation estimate. A suggested step-by-step guide has been provided. • Step 1: Review the project to determine which parcels will require an appraisal and which parcels, due to their uncomplicated nature, may be eligible for a waiver of the appraisal process. • Step 2: For parcels eligible for an appraisal waiver, start by gathering market information pertaining to values of similar properties. • Step 3: Establish apre-approved range of land values to be considered. Step 4: Develop the compensation estimate with the property owner's involvement. • Step 5: Give the owner the compensation estimate and offer to purchase at the same time. Contracts, deeds and other items should be prepared in advance so that they are readily available, if the owner agrees to complete the transaction. • Step 6: Provide any and all other information necessary for the owner to make an informed decision. • Step 7: Provide the owner reasonable time to think about the proposal. • Step 8: Negotiate in good faith. • Step 9: Document the file with an appropriate administrative approval of the compensation estimate. ACTIONS TO AVOID • Do not prepare the compensation estimate before meeting with the owner. • Do not mail the compensation estimate before meeting with the owner. • Do not have one person write the compensation estimate and another acquire the property. Do not use the Appraisal Waiver Provision if any complexity in determining value exists. 4 WHEN THE APPRAISAL WAIVER PROVISION MAY BE USED The Appraisal Waiver Provision may be used when: • a simple, uncomplicated, minor acquisition is involved; • total compensation (excluding cost of tillage, fertilizer, growing crops, agricultural right-of-way fence, and scheduled additional length of drive) is less than $10,000; and • one person is qualified to value and acquire the property. WHEN IS AN APPRAISAL REQUIRED? If the answer to any of these questions is yes (or even maybe) the parcel most likely requires an appraisal. Any "yes" responses should be reason to question the use of the Appraisal Waiver Provision. • Is estimating the property's value difficult due to a lack of sufficient market data (comparable sales)? • Is the anticipated value of the proposed acquisition over $10,000? • Is the anticipated value of the proposed acquisition anything more than a strip acquisition? • Are buildings, wells, signs, etc. affected? • Is the anticipated value of the proposed acquisition severing any buildings from the remainder? • Are trees, shrubs or any other landscaping involved? • Does moving the proposed right-of-way line require analysis of possible proximity damages? • Is access to the property changed or limited? • Is the current highest and best use of the property going to be changed as a result of the proposed acquisition? • Does a significant amount of the total compensation involve items other than land value? • Are there any borrow areas? • Is there reason to believe this parcel will proceed to condemnation? • Is more land than actually needed being acquired? • Does the proposed acquisition impact the sewage disposal system or property drainage? • Are there any other considerations that complicate the valuing of this parcel? MINIMUM QUALIFICATIONS TO PREPARE COMPENSATION ESTIMATES Anyone with a basic understanding of real estate and knowledge of land values in the local area can implement the Appraisal Waiver Provision, prepare a compensation estimate and acquire property. The necessary administrative approval may be performed by any agency official with the qualifications to prepare a compensation estimate. Preparation of compensation estimates does not require an appraiser. An appraiser should not prepare the compensation estimate unless he/she is also going to acquire the property. HOW SHOULD VALUES BE EXPLAINED Values used for the Appraisal Waiver Provision should require little explanation. Land values are estimated through the use of two or three recent sales in the same market area. Any reduction in value of the remaining property should simply reflect token or minimal payments. If schedules are used to pay for these items, apply the schedule consistently throughout the project. If an explanation of how the reductions in value were arrived at is necessary, an appraisal is probably required. The Appraisal Waiver Provision is only authorized for uncomplicated acquisitions. It is incorrect to assume that a compensation estimate is acceptable to use simply because the compensation is under $10,000 and significant severance damages do not exist. If market research and analysis are needed to determine there are limited or no severance damages, an appraisal is required. WHAT SHOULD THE COMPENSATION ESTIMATE CONTAIN A sample form has been provided on the back of this brochure. 6 ENSURING COMPLIANCE AND ELIGIBILITY Contact your local public agency coordinator if: • there are questions about which parcels on a project require an appraisal; • there are questions about how to implement the Appraisal Waiver Process; • there are concerns about whether the process conforms with regulatory requirements; or • more information is needed regarding specific state and federal laws and regulations. WHO TO CONTACT FOR MORE INFORMATION OR ASSISTANCE Your Local Public Agency Coordinator/Property Manager Property Management Office of Right-of-Way Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 Phone 515-239-1300 Fax 515-233-7859 Or visit us at our Web site at: www.dot.state.ia.us/ri htofway/property eg_1lpacs.html Compensation Estimate Parcel No. Project No. Record Owner(s): Owner(s) mailing address: Tenant(s): Tenant(s) mailing address: Subject property address: This property is described as: Basis for land value estimate: Land to be acquired: Fee title Permanent easement acres e S = f acres @ S = f Other considerations: = f Total Estimate = $ Certification: I hereby certify that I am familiar with the property which is the subject of this estimate, that the estimate is based upon data contained in the tiles of the Agency, that I have no direct or indirect present or contemplated future personal interest in this property or in any benefit from the acquisition of this property. 'Compensation for R/W fence to be by fixed schedule or in accord with Section 68.44 Code of Iowa Approved by: DATE OF ESTIMATE DATE Signed Estimating Agent :* County PM 823 5-26-06