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Missouri Department of Transportation

Missouri Department of Transportation. Eminent Domain Overview Presented by – Nathan Briggs. Facts and Figures. MoDOT acquires approximately 1000 parcels per year MoDOT’s Right of Way program is approximately $80 million MoDOT’s condemnation rate is approximately 13% - 15%.

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Missouri Department of Transportation

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  1. Missouri Department of Transportation Eminent Domain Overview Presented by – Nathan Briggs

  2. Facts and Figures • MoDOT acquires approximately 1000 parcels per year • MoDOT’s Right of Way program is approximately $80 million • MoDOT’s condemnation rate is approximately 13% - 15%

  3. How MoDOT acquires • The majority of negotiation contacts are made in person • A small number of negotiation contacts are done by mail • This may increase as program becomes larger

  4. Tracking Our Progress • Customer Opinion Surveys are sent: • After a parcel is payrolled and the check has been sent. • After relocation activities are finalized • After condemnation activities are complete

  5. Recent Innovations • Handing out appraisals • Started after an FHWA Peer Review • Mediation (non-binding)

  6. Administrative Settlements • Why? • In an attempt to avoid mediation and condemnation. • When? • Negotiations are at an impasse • Often towards the end of the project • How? • RW Manager writes letter to RW Director • RW Manager makes decision based upon recent jury verdicts, county history, etc.

  7. MoDOT’s Mediation Process • An alternative when negotiations are at an impasse and condemnation hasn’t started • It has been in place since 1997

  8. How Mediation Works • MoDOT has previously contracted with a mediator to provide services for this project or county • MoDOT and the property owner cannot agree • MoDOT and the property owner agree to enter into mediation

  9. How Mediation Works (cont.) • The mediator schedules a mediation session at a neutral location (usually). • The mediator begins the session by having an opening dialogue with both MoDOT and the property owner • Stating what the issues are • Stating what the disagreements are • Both parties then get split up into separate rooms; the mediator goes back and forth between both parties

  10. How Mediation Works (cont.) • If an agreement can be reached, the mediator brings everyone back together to sign a settlement statement • If an agreement cannot be reached, the parties agree to disagree and MoDOT begins the condemnation process

  11. Facts about MoDOT’s Mediation • MoDOT pays all of the cost for mediation • Mediation is non-binding; therefore, both parties can agree to disagree at the end of the session • MoDOT does not have counsel attend only unless the property owner is going to have an attorney present • Mediation takes place at a neutral site

  12. MoDOT’s Condemnation Process • MoDOT Right of Way and Legal Staff are committed to better communication • Before a parcel is condemned, Right of Way and Legal staff will strategize how best to proceed • Things to point out • Comparable sales • Damages

  13. Condemnation in Missouri • Circuit Judge signs an Order of Filing that sets the date and time of the hearing • Condemnation hearing occurs, Circuit Judge orders the property condemned • Circuit Judge appoints three disinterested freeholders to serve as Condemnation Commissioners • Who are these individuals?

  14. Condemnation in Missouri (cont.) • A condemnation viewing takes place with the appointed commissioners • Can occur on the same day as the condemnation hearing • Legal and the appropriate Right of Way staff attends • An informal viewing of the property that includes MoDOT, Property Owner and their counsel, and Condemnation Commissioners

  15. Condemnation in Missouri (cont.) • Both MoDOT and the Property Owner can state their case to the Condemnation Commissioners • After the viewing, Condemnation Commissioners fill out the Report of Commissioners • Whatever the Condemnation Commissioners declare the damages to be is what MoDOT has to pay into court • MoDOT and the property owner have the right to file exceptions and proceed to a jury trial

  16. Condemnation in Missouri (cont.) • MoDOT takes possession of unimproved property 10 days after commissioner’s award has been paid into court (30 days for improved properties) • MoDOT can settle with the property owner up until the jury trial • 1% of all parcels proceed to the jury trial stage

  17. What’s on MoDOT’s Horizon? • Missouri is a strong property rights state at present • Last couple legislative sessions have seen eminent domain legislation that would include the paying of attorney fees

  18. Questions?

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