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Richard Dunlap,Assistant State Right of Way Manager
The State of the StateOregon Right of Way
What’s Happening What’s Happening
ODOTODOT Right of Way SectionRight of Way Section
ODOTODOT
New DirectorMatt Garrett
New Chief of StaffJoan Plank
Oregon to host the 2006 AASHTO Annual Meeting October 26-
30
Preparing for 2007 Legislative SessionPreparing for 2007 Legislative Session
• Restrict use of eminent domain
• Outdoor Advertising Sign Program
November 2006 General ElectionNovember 2006 General Election
• Gubernatorial Election
• Ballot Measure 48: State Spending Cap
• Ballot Measure 39: Eminent Domain
Measure 48Measure 48
• Limits increase in state spending
• Limits increase to percentage increase in population
• Federal funds excepted
• Questions about impacts to ODOT’s matching funds
• May limit pass through money to local governments
Measure 39Measure 39
• Restricts use of eminent domain for private use
• Transportation projects exempt
• Immediate possession
• Pay attorney fees if verdict over initial offer
Major Funding Legislation – Past 5 YearsMajor Funding Legislation – Past 5 Years
• Oregon Transportation Investment Act (OTIA)
• OTIA 1 & 2 (2001): $672 million• OTIA 3 (2003): $2.46 billion• Connect Oregon (2005): $100 million• Connect Oregon 2 (2007): $100
million
Progress ReportProgress Report
• OTIA 1 & 2: Complete or under
construction
• OTIA 3:
2004-2010 construction schedule
40% of state bridges to contract
• Connect Oregon: 43 projects selected
• 2006: ODOT’s active construction
projects exceed $1 Billion
New Funding InitiativesNew Funding Initiatives
• Office of Innovative Partnerships Program
• Road User Fee Pilot Program
Oregon Innovative Partnerships Program Oregon Innovative Partnerships Program (OIPP)(OIPP)
• Oregon Transportation Investment Group (OTIG)
• Macquarie Infrastructure Group
• Hatch Mott MacDonald
• Expanded authority to use eminent domain to allow private sector ownership
Potential OIPP ProjectsPotential OIPP Projects
• 11 mile Newberg-Dundee Bypass,$425 million
• 13 mile Sunrise Highway, $1.2 billion
• South I-205 Corridor, $780 million
• Toll Revenue
Oregon’s Road Oregon’s Road User Fee Pilot User Fee Pilot
ProgramProgram
Office of Innovative Partnerships and
Alternative Funding
Office of Innovative Partnerships ProgramOffice of Innovative Partnerships Program
Road User Fee Task ForceRoad User Fee Task Force
Legislative Mandate:
“To develop a design for revenue collection for Oregon’s roads and highways that will replace the current system for revenue collection.”
Office of Innovative Partnerships ProgramOffice of Innovative Partnerships Program
Office of Innovative Partnerships ProgramOffice of Innovative Partnerships Program
Oregon’s Mileage Fee Concept
Office of Innovative Partnerships ProgramOffice of Innovative Partnerships Program
The ConceptThe ConceptA per-mile charge based on miles driven within Oregon by zone.
Zone 1 = In State
Zone 2 = Out of State
OptionalZone 3 = Rush Hour
Office of Innovative Partnerships ProgramOffice of Innovative Partnerships Program
How it WorksHow it Works
On-Vehicle Device
mileage reader
Gas to GoCommercial Rd., OR
May 15, 2006 – 8:00 AM
13.5gal @ 205.5 27.74State tax disc. (3.24)Net fuel 24.50
Mileage fee243.3 @ 1.22 2.96
Total Due 27.46
FLEET XXXX3024 27.46
THANK YOU
1 2 3 4
One way signal received
by car to switch mileage
counter between in-state
and out-of-state zones.
Mileage totals counted for
in-state and out-of-state.
No location information is
recorded.
Mileage read wirelessly at fueling stations.
Gas tax deducted fromgas purchase price
(24 cents/gallon) andmileage fee added.
Right of Way SectionRight of Way Section
• Outdoor Advertising Sign Program
• Measure 37 (2005)
• Realignment – 2 years later
• Performance Measures
• Initiatives
The Oregon Sign Program after The Oregon Sign Program after OMD v. OMD v. ODOTODOT State Supreme Court Decision March 23, 2006State Supreme Court Decision March 23, 2006
• Permit requirement for off-premise signs violates state’s Constitutional guarantee of free expression
• On-/Off-Premise distinction is content-based
• Underlying regulations still in force
• Petition for Reconsideration deniedJudgment entered July 17
• Continuing “effective control” of signs
• Answering questions from internal and external customers
• Voluntary reviews instead of required permits
Day-to-Day OperationsDay-to-Day Operations
• Legal Opinion from Department of Justice
• Fact Sheet for customers
• Legislation – compensation model
Sign Program PlanSign Program Plan
• 2004 ballot measure, 61% of vote
• Provides property owners “just compensation” for land use regulations enacted after their ownership
• Agency can “waive” regulation in lieu of payment
• State Right of Way Manger is lead for ODOT
Measure 37Measure 37
• 2289 claims to State of Oregon
• $5.2 billion in total compensation claimed
• All agencies either denying claim or waiving regulation
• ODOT is lead agency on 4 claims, associated agency on 9
• Access Management and Sign Program
Measure 37Measure 37
• Two years later
• De-centralized structure
• 37 FTE in Right of Way Section (HQ)
• 41 FTE in 5 Region offices
Highway Division RealignmentHighway Division Realignment
Craig Andersen
Jean Celia
Gary Taylor
David Brown
Joe Gray
ODOT’s Five RegionsODOT’s Five Regions
Region StructureRegion Structure
• Region 1: Craig AndersenR/W Acquisition
• Region 2: Jean CeliaR/W Acquisition, Utilities
• Region 3: Gary TaylorR/W Acquisition, Descriptions, Survey
• Region 4: David BrownR/W Acquisition, Descriptions, Survey
• Region 5: Joe GrayR/W Acquisition, Descriptions, Survey
Headquarter StructureHeadquarter Structure
Dee Jones, State Right of Way Manager
Richard DunlapOperations
Howard Bergstrom
Project Administration
Mike KirbyProgram
Management
Janie OlsonProgram Support
AcquisitionCondemnationAccess Mgmt
ADRBudgetProject
Authorization
Appraisal ReviewRelocation Review
Local Public AgencyRailroadUtilities
Property Management
Outdoor Advertising Sign Program
R/W Data Management
Systems
Closing/TitleDocument prepCondemnation
processingFile
AdministrationRAIN
Support Staff
• 573 files acquired
• Settlement Rate: 65% settled at Just Compensation
• Settlement Variance Ratio: 17% over Just Compensation
• Condemnation Rate: 13%; 2004 rate was 9%
• Customer Satisfaction: 86%
• PM Revenues: $6.9 Million
2005 Performance Measures2005 Performance Measures
• Statewide Training Conference
• Consultant Appraisal Review
• Right of Way Data Management Project
Right of Way InitiativesRight of Way Initiatives
• Backfile – Scan, Index, & Data capture:
128,000 right of way files35,000 general files
17,000 right of way maps 12,000 contract plan sets
• “Going Forward” – Automate right of way processes
Right of Way Data Management Right of Way Data Management SystemsSystems
RWDMS File Scanning ProgressRWDMS File Scanning Progress
127,89127,8999 121,00121,00
00
42,42342,423
20,000
40,000
60,000
80,000
120,000
100,000
20,000
40,000
60,000
80,000
120,000
100,000
20,000
40,000
60,000
80,000
120,000
100,000
Make Make ReadyReady
127,899127,899
ScannedScanned127,899127,899
IndexedIndexed95,80095,800
100% 94.60%
44.28%
Overall Overall Progress:Progress:
79.63%79.63%
R/W Files as of September 6, 2006