Acquisition of Utility Property Interests for Transportation Projects

Abstract

Departments of transportation in the U.S. differ in their practices for the acquisition of utility property interests during the project delivery process. Anecdotal evidence suggests that acquiring utility property interests affects the acquisition of right-of-way for the project, the process and schedule of utility relocations, and the overall project delivery process. However, systematic research to assess practices in this area is conspicuously absent both at the federal and state levels. This paper addresses the question of how and when the identification of utility property interests occurs during the project delivery process. The paper contributes to the body of knowledge by summarizing the results of three sets of activities. First, through a review of laws, regulations, manuals, and other existing documentation, as well as interviews and case studies, the paper describes the state of the practice throughout the U.S. concerning the authority to acquire replacement right-of-way or additional land for utility relocations. Second, the paper describes typical scenarios for acquiring utility property rights. Finally, the paper outlines recommendations to acquire utility property rights in ways that increase the effectiveness of the process and minimize the risk of delays and added costs.