Know Your Easements
This property interest allows a project to use land permanently without acquiring ownership of the land itself.
What is a permanent easement?
Before negotiations begin, the owner must receive a written offer stating this amount.
What is just compensation?
This report identifies the property owner, liens, easements, restrictions, and other recorded interests affecting a parcel.
What is a title report?
This is the first thing a negotiator should do when an owner raises a concern.
What is listen?
This easement is typically used for grading, equipment access, or construction activities and expires after a stated period.
What is a temporary construction easement?
This document explains how the agency calculated its offer, including the value of the land, improvements or damages.
What is the statement of the basis for the offer, such as appraisal or Basic Administrative Report?
This document may be required from a lender when only part of a mortgaged property is acquired.
What is a partial release of deed of trust?
This written record should identify every meaningful owner contract, concern, offer, counteroffer, and response.
What is a negotiation report?
This type of acquisition transfers full ownership of the property to the acquiring agency.
What is fee-simple acquisition?
This professional estimates the value of the property interests being acquired.
Who is a real estate appraiser?
When a property owner has died, this legal process may be needed to identify the person authorized to convey the property.
What is probate?
Before promising a design change, the negotiator should consult this project team member.
Who is the project manager or design engineer?
This document may be used when temporary access is needed, but no compensable property interest is being acquired.
What is a right-of-entry agreement?
An agreement to pay more that the approved appraisal may require this written determination explaining why the settlement is reasonable and in the public interest.
What is an administrative settlement justification?
These individuals may obtain an ownership interest when a person dies with a valid will.
Who are heirs at law?
A landowner's counteroffer should be supported by documentation such as estimates, comparable sales, or this type of professional valuation.
What is an appraisal?
This easement allows utility facilities to be installed and maintained, often with restrictions on buildings and other improvements within the easement area.
What is a permanent utility easement?
When negotiations come to a standstill and an agreement is not made this document is filed at the courthouse in order move forward with the project.
What is a certificate of take?
When ownership cannot be resolved or all necessary parties cannot be located, this court procedure may allow the project to acquire title and deposit compensation.
What is condemnation or eminent domain?
If an owner rejects the offer and negotiations have reached a genuine standstill, the negotiator documents this status for the agency.
What is an impasse?