Chapter 6: Establishing Right of Way ValuesAnchor: #CACIFJCE
Section 1: Form ROW-A-10, Tabulation of ValuesAnchor: #i999478
The major parts of this form, utilized by the District right of way section, are detailed in the following explanation of purpose and use. All data populates to the ROW-A-10 from parcel and appraisal data entered into ROWIS (Right of Way Information System, TxDOT’s proprietary right of way acquisition data storage, tracking, and retrieval software application). An example form is available.
- On Page One, the data should
agree with data shown on the right of way map and other documents
that relate to the parcel.
- Contract Fencing should be indicated by a “Yes” or “No.” Also, see Chapter 3, Section 5.
- Access rights are defined as Denied, Permitted, and Partially Permitted. If access will be partially permitted and/or denied, a brief explanation will be added to the reviewing appraiser’s review comments in Section VI, Comments and Conclusions on Values in the Appraisal Report of this form.
- Pages One and Two are designed to assist in a comparison of appraised values for Land (Section I), Non-OAS Improvements (Section II), Damages and Enhancements (Section III), and OAS Improvements (Section IV) provides a breakdown of values for accounting and recording purposes as well as for documentation and audit purposes. Information is entered in ROWIS from the appraisal reports, together with an on-the-ground inspection of the parcel and the comparable sales. On Page One, each improvement within (or partially on the ROW) should be listed under “Improvement Type.” “Type Construction” should indicate masonry, wood, concrete block, etc. The “Improvement Value” will be the appraised value of each improvement.
- The recommended retention value, to be subtracted from the improvement’s value if the owner retains that improvement, is to be shown in the space provided on Page One of Form ROW-A-10. Furthermore, the explanation on the basis for said retention value is to be entered in the “Retention Clause” field of “Acquisition Interests” in ROWIS. These comments will then be shown on Page Four under Section VII, Justification and Explanation for Credit if Retained.
- Severed or bisected improvements should be classified as Category I or Category II bisections and commented in Section VI. If the structure is classified as Category II bisection in ROWIS, a supplemental paragraph will be automatically added at the bottom of Page Two of Form ROW-A-10. It will be signed by a responsible engineering personnel stating that the “cutting of the building is a design and location requirement and that any reduction in right of way would adversely affect requirements for transportation purposes.” This recommendation will then bear the signature of the District Engineer; however, the designated representative must be a State licensed professional engineer.
- On Page Two, Exempt Damages (also known as Special Damages in ROWIS) and Non-Exempt Damages (also known as Specific Damages in ROWIS) are defined in the glossary and should be noted in Section III.
- Page Three, Section V, Recapitulation. Appropriate recommended totals for each of the respective component values will be entered in this section. When the appraised value is less than $1,000, the recommended value may be rounded upward to $1,000 as outlined in Economic Adjustments (Chapter 2 Section 11).
- Page Three, Section VI, Comments and Conclusions on Values in the Appraisal Report is for use by the reviewing appraiser to explain adequately the reasoning in making the value recommendation, together with any other pertinent comments regarding the appraisal data. Comments regarding any denial of access, bisected improvements, lessee-owned improvements, personalty items not appraised in the report, etc. should also be made in this section. It is recommended that full use be made of “Review Comments” in ROWIS in this regard.
- Page Four, Section VII, Justification and Explanation
for Credit if Retained should be used in conjunction with the improvements
and retention values entered in ROWIS.
- Retention values are to be recommended when improvements, located on the property being acquired, may be retained and removed by the owner. The retention value is the appropriate amount to be deducted from the improvement’s approved value. It is determined and recommended by the District’s reviewing appraiser based on an analysis of sales of similar improvements. The retention value is the expected value of that improvement if the State were to sell it in order to have it removed from the proposed ROW. Retention values shall not be less than one dollar, unless the appraised value of the improvement is zero.
- An explanation for the retention value should include specific reference data such as an individual listing of similar sales under like conditions, including sales made through the Texas Building Procurement Commission.
- Usually the retention value will be the entire value of the improvement if it is based on salvage value. This is done because salvage value is intended to be that value which can be obtained for that improvement to be removed from the parcel.
- When an improvement which may be retained is an item that has been included in the value of the land, such as fencing or a water well, it will be necessary to abstract its value (usually salvage) from the land value. It should then be listed with the other improvements in Section Two with an appropriate retention value.
- Page Five, Section VIII, Reviewing Appraiser’s Statements, are required statements and signature blocks for either the District or ROW Division reviewing appraiser(s).
- Page Five, Section IX, Approval of Values, are required statements and signature block for approval by the District Engineer.
Appropriate signatures and dates must appear on the original Form ROW-A-10, even though it is electronically produced through ROWIS. Facsimile (photocopy) signatures are acceptable on the other copies.