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| Right-of-Way FAQs |
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- How Does the State Acquire Property?
There is a step-by-step process that must be followed when land is acquired for a highway project. This process is defined in Federal and State law. Property acquisition procedures are described in detail on UDOT's web site in the Acquisition, Appraisal, and Relocation section. This section of the UDOT web site includes brochures on property owner's rights and acquiring property.
- How is the value of my property determined?
By law, State agencies must pay "fair market value" for private property. The fair market value is determined by an approved, independent appraiser. The appraiser evaluates the property and also researches the area for homes with similar characteristics that have sold recently. The property owner has the right to be present during the appraisal property inspection and can bring to the appraiser's attention any characteristics pertinent to the appraisal.
After the appraisal is complete, the State offers to acquire the property at fair market value, as determined by the appraiser's valuation. Under State law, UDOT's offer must be based on the fair market value and supported by documented justification. The owner has the opportunity to review the offer and either accept or reject it. Additional information about the property acquisition process is available on UDOT's web site.
- What if we do not accept UDOT's offer for our property?
Every property owner is entitled to certain rights. Property owner's rights are outlined in a brochure available on UDOT's web site. The State's Private Property Ombudsman is available for advice at any time during the property acquisition process. UDOT is willing to work with each property owner on a case-by-case basis to ensure a fair and equitable offer is negotiated.
On scheduled projects, if a private property owner does not accept the State's offer, the State may file an eminent domain law action in a State District Court. In the eminent domain action, the court will determine the fair market value of the property, after considering evidence submitted by both parties. If the State begins an eminent domain action, an individual should consult with an attorney about legal rights.
- What if UDOT only needs a portion of my property? How will I be compensated?
In the event a project only impacts a portion of an owner's property, UDOT will pay fair market value for the land and improvements that are actually impacted. Owners may also receive proximity damages or payment for an easement depending on the property and the appraisal valuation. The property may be purchased in total if determined appropriate on a case-by-case basis.
- What assistance will I receive if I am relocated?
The State has a relocation assistance program that provides benefits for all those who are displaced by a highway or transit project (including residents, businesses, non-profit organizations, and farmers). The relocation payment is separate from the payment for the fair market value of the property itself. Those seeking relocation assistance must obtain approval prior to moving.
As part of this program, the State provides assistance in identifying replacement property. Replacement property must be comparable to the property that is being acquired, and also must be decent, safe, and sanitary. Any special needs of the displaced property owner are also considered. In addition, as part of the relocation assistance program, the State pays for eligible relocation costs. Relocation costs include moving costs (packing, storage, shipping, etc.) as well as other costs associated with the relocation. Additional information about relocation assistance is available on UDOT's web site.
- I rent the home where I live. What happens to me if the property is acquired for I-15 CORE?
Tenants of rental properties may be eligible for relocation benefits. If the property is acquired in advance of the need for the property, the tenant may be allowed to remain in the residence (under lease from the State) until the project begins. Tenants are eligible for relocation assistance only if the Department has asked the tenant to move because of the project.
- I want UDOT to buy my property now, is that possible?
Right-of-way acquisition will proceed as need and appraisals are completed. The timing of each acquisition will be determined on a case-by-case basis. Some purchases may be expedited based on Hardship Acquisition laws.
- What constitutes a "Hardship"? How do I request a Hardship Acquisition?
To request a hardship acquisition, a property owner must submit a letter to UDOT explaining the hardship. The letter must explain, on the basis of health, safety or financial reasons, that remaining in the property poses an undue hardship compared to others within the project area. The letter also must document that because of the impending project, the owner is unable to sell the property at fair market value, within a time period that is typical for properties not impacted by the impending project.
Requests for hardship acquisition are reviewed by the Transportation Advisory Council and then by the Transportation Commission for final approval. The process can take from three to six months.
- Why are building permits still provided in areas where potential highway improvement and new roadways are being planned?
It is not within a city's or state's authority to deny building permits to developers who meet all requirements and want to develop their land. UDOT works closely with cities and counties during the design process to encourage developers to reserve land for future transportation improvements. In some cases, where the developer is willing, UDOT is able to purchase a portion of the land through advanced acquisition.
- If I choose to sell my home now, am I required to disclose that UDOT is planning highway improvements and new roadways in my area?
Realtors are required to disclose any information that may affect the property to a potential buyer. Individuals should contact an attorney with any questions regarding the responsibility to disclose information about I-15 CORE.
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