Right of Way Acquisition
The Right of Way Acquisition Section is responsible for acquiring all real property rights for municipal capital projects and Federally-funded (TEA-21) projects. The property rights may include fee title, easements and permits for project improvements. These improvements may include roads, sidewalks, trails, utilities and landscaping. Our acquisition process for capital projects conforms to local, federal and state statutes. Our process for all federal aid projects conforms to all applicable Code of Federal Regulations (CFR), Title 49, Part 24, (a), Uniform Relocation Assistance and Real Property Acquisition Act requirements, as well as the State of Alaska, Department of Transportation & Public Facilities (ADOT) Right of Way Manual. The Right of Way Acquisition Section is also responsible for land conveyances, land disposal, and relinquishment of easements for those properties no longer required for municipal improvements. The Section also performs property management on improvement projects when required.
MOA’s Right of Way Acquisition process includes:
Identification of Property Rights to be Acquired
Identification of Property Owners/Tenants
Just Compensation/Fair Market Value
- Tax Assessment Value
- Appraisal Review
- ADOT Appraisal Compliance Review
- Determination of Just Compensation/ADOT
- Review of Appraisal
MOA Right of Way Acquisition staff begin expeditious, good faith negotiations with affected property owners by presenting an offer of just compensation based upon one of the above methods for property rights to be acquired. An appraisal may also include any damages to the remainder and/or any costs to cure. Property possession takes place only after the owners have been paid and property acquisition has been concluded by one the following means:
- Negotiated Agreement
- Administrative Settlement
- Eminent Domain/Condemnation – Eminent domain proceedings are initiated only upon authorization from the Municipal Assembly.
On federally-funded projects, ADOT staff shall conduct relocation activities with support provided by MOA Right of Way Acquisition staff. The ADOT Chief of Right of Way shall approve all relocation payments. On capital projects MOA Right of Way Acquisition staff follow displacement assistance procedures within municipal guidelines
Contact Steven G. Schmitt, PLS, SR/WA, Municipal Surveyor, (907) 343-8366 for further information.