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An Overview of Weber County’s Program for...

Determining Right-of-Way and Property Acquisition

To help you be better informed, the following outlines what you can expect once the County begins acquiring property as part of this project. We hope you will find this information useful as you make preparations based on how this project may impact you.

Within the next several weeks, Weber County representatives will contact you personally.

Your property may require a survey for engineering purposes. Your cooperation is appreciated in allowing surveyors access to your property.

After reviewing the following materials, if you still have questions about the acquisition process, please contact our Right of Way professionals at 1.800.304.9960.

 

Property Acquisition Program

What you can expect if Weber County is required to acquire your property as part of this project.

  1. If you are a property owner, you will be contacted by an appraiser or an agent who will make a valuation of your property. As a property owner, you should point out any features that may affect the value of your property. The appraiser or agent will need to know if the property is yours or is shared with other parties such as trusts, corporations or partnerships. It is also helpful if you can tell the appraiser or agent about other nearby properties that have sold.
  2. A partial property purchase often occurs when property is needed. The property owner will then be paid based on the unit cost per acre or per square foot. If buildings, fences and landscaping are within the purchase area, the owner will be paid for the improvements contribution toward the value of the whole property.
  3. Next, you will be contacted by an acquisition agent who will have a prepared offer to purchase your property at the appraised value. We follow the Constitutional principle of Just Compensation. This means all settlements must be based upon an appraisal or some other legitimate assessment or quantification of fair market value.
  4.  Your property may fall into one or more of three types of acquisition:
    1. Fee Simple Title – Weber County acquires all interest and rights to the property.
    2. Perpetual Easement – The owner retains title, but the County acquires the right to use a property for specific purposes (utilities, slope easements, etc.).
    3. Temporary Easement – The County acquires the right to use a property for a temporary period of time. This easement typically expires at some point in time – often after three years or when the project is completed.
  5. Payment should come within 30-45 days after the signing of the Right of Way Agreement by Weber County. Of course this schedule can be affected if there are mortgages, judgments, unpaid taxes or liens on your property.

Right-of-Way

Right-of-Way: Land and property that Weber County owns and maintains for highway use - this property may include land which sits outside of the actual roadway. When Weber County needs to purchase additional land for transportation improvements they purchase additional “right-of-way” property from landowners.

  1. During an environmental process, a preferred alignment is developed which gives a general idea of where roadway features would be added and which properties would be directly impacted and right-of-way purchased.
  2. Weber County is now in the design phase. During this phase, engineers refine the alignment to exact detail. The features of the roadway are determined as well as the exact width of the highway. Combining these items determines the “footprint” of the new road and also identifies how much land is needed from each property owner.
  3. Right-of-Way engineers determine how much property needs to be purchased from each parcel of land. They also collect deeds and other documentation about the existing property and then place the property lines on the roadway design plans. Engineers must also resolve boundary differences (which is common).
  4. Engineers also look at how much area will be needed from property owners for the contractor’s equipment to perform their work. The property agreement allowing the contractor access to property is known as a temporary construction easement or a permit to enter and construct.
  5. Once the Right-of-Way engineer determines how much property or lease is needed, he or she prepares the deeds and other documents necessary to purchase the parcel of land. Usually, only a portion of the property is needed. In those instances, the owner maintains ownership of the unpurchased portion. If the impact to a parcel reduces its value, so that the remainder of the property has little or no value, thenWeber County may elect to purchase the entire parcel.
  6. All Right-of-Way documents are checked for accuracy and then those documents are given to appraisers and acquisition agents to start the appraisal and acquisition process.