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