Right of Way Acquisition. The City will, in its own name, as provided by law, acquire by purchase, dedication or condemnation all the Right of Way shown on the final Design Plans in accordance with the schedule established by KDOT. The City agrees the necessary Right of Way shall be acquired in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and administrative regulations contained in 49 C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. The City shall certify to the Secretary, on forms provided by the KDOT’s Bureau of Local Projects, such Right of Way has been acquired. The City further agrees it will have recorded in the Office of the Register of Deeds all Right of Way, deeds, dedications, permanent easements and temporary easements.
Right of Way Acquisition. The Design-Builder shall provide ROW acquisition services under this Contract for property identified to be necessary for the Project as determined by final design. The Design-Builder shall conduct ROW acquisition services up to and until expropriation of property, including, but not limited to, those activities identified in Part 3 - Design Requirements and Performance Specifications, Appendix A – Performance Specifications, ROW Acquisition Performance Specification. All activities conducted by the Design-Builder under this Contract must be performed in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC Chapter 61) and with 23 Code of Federal Regulations Part 710, specifically 23 C.F.R. § 710.313 ("Design-Build Projects"). In the event of any conflict between the provisions of this Section 6.1; the provisions of Part 3 - Design Requirements and Performance Specifications, Appendix A - Performance Specifications, ROW Acquisition Performance Specification; and Part 2 - DB Sections 100s, DB Section 107-20, the following order of precedence shall occur:
Right of Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Property Owners in order to fulfill any condition required by the Approvals, Property Owners shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Property Owners have been unable to acquire such interest and provided that Property Owners (i) provide evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of the County and (ii) agree to pay the reasonable cost of such acquisition, including reasonable attorneys’ fees, County shall use its best efforts to acquire the necessary property interest at its fair market value. If such offer has not been accepted within 60 days, County agrees, to the extent permitted by law, to cooperate and assist Property Owners in efforts to obtain such necessary property interest. Any acquisition by County instead of by the Property Owners shall be subject to County’s discretion, which is expressly reserved by County, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, the County shall use its best efforts to schedule the necessary hearings, and if approved by County, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain for their fair market value. County agrees that any settlement for the acquisition of such necessary property interests shall be for an amount mutually approved by Property Owners and County if Property Owners are being required to fund the costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. Property Owners agree to provide funding to the County for the costs of acquiring such properties. In accordance with Government Code section 66462.5, County shall not postpone or refuse approval of a final map at the Project because a Property Owner has failed to satisfy a tentative map condition because the Property Owner has been unable to construct or install an offsite improvement on land not owned or controlled by the Property Owner or County at the time the final map is filed with County for approval.
Right of Way Acquisition. Developer shall be responsible for acquiring the right(s)-of-way necessary for all public improvements required by the State of Arizona, Department of Transportation (“ADOT”) through good-faith negotiation with the property owner. Developer shall follow the requirements in Title 12 of the Arizona Revised Statutes for acquisition of the property as if the Developer was a government entity obtaining property by eminent domain. Developer will work with the City’s Real Estate Manager from the beginning of the negotiation process to ensure compliance with statute and to expedite the process. Developer will use its best efforts to design the public-improvement project required by ADOT in a method that requires the least amount of property acquisition. If the Developer is unable to acquire the right(s)-of-way within a reasonable timeframe and after the exercise of reasonable diligence, then Developer shall request in writing that the City initiate eminent-domain proceedings to acquire the right(s)-of-way. The City shall be the arbiter of whether or not the Developer has exhausted its ability to negotiate with the property owner(s), but shall be reasonable in its judgment. Once it has been determined by the City that the Developer has exhausted its ability to negotiate with the property owner(s), the City shall promptly proceed in accordance with the state’s eminent domain laws, (ARS 12-1111, et. seq.) and use its best efforts to expedite acquisition. The City’s obligation to initiate eminent domain proceedings is contingent upon: 1) ADOT entering into an Agreement with the City that allows the City to exercise eminent domain to acquire right-of-way for the public improvements within the ADOT’s jurisdiction; 2) a determination by the City Engineer that the construction plans for the project indicate that : a) no property that will be acquired for right-of-way that contains a habitable structure, and b) the Developer has used its best efforts to design the public improvements to minimize the amount of property needed for the project relative to the right-of-way acquistion, and 3) Developer providing funding for all costs of such right(s)-of-way acquisition, including the fair-market value of the subject property, severance damage, cost to cure, appraisal costs, expert witnesses, legal costs including attorneys’ fees, and City staff and administrative costs, as the City may deem necessary and appropriate. The City shall be responsible for choosing the attorneys, app...
Right of Way Acquisition. (a) The SPONSOR shall ensure that all additional right-of-way necessary to construct this Project shall be acquired in accordance with all applicable federal and state laws, policies and procedures, as detailed in the DEPARTMENT Publication No. 740, Local Project Delivery Manual.
Right of Way Acquisition. 6.1 The County will acquire the necessary rights of way for the Project in accordance with Chapter 163 of the Ohio Revised Code, and will perform, or obtain through a qualified consultant, all title research, appraisals, negotiation, closing and recording for all parcels involved in the Project.
Right of Way Acquisition. In addition to the right-of-way, permanent easements and temporary easements to be dedicated and delivered by the Developer pursuant to Stipulation 2(m) of the Ordinance No. Z-3346 adopted by the governing body of the City on June 2, 2008, the parties agree that any land or access rights necessary for the construction of the Interchange (the "Interchange Right-of-Way") shall be obtained by the City by condemnation or acquisitions in lieu of condemnation. The condemnation awards or purchase price paid by the City for such Interchange Right-of-Way shall be reimbursed by Developer and such costs shall be an Eligible Expense hereunder. No later than thirty (30) days after Developer’s receipt of written notice from the City of its intent to initiate the process of acquiring the Interchange Right-of-Way, Developer shall deposit with the City Six Hundred Forty Thousand and 00/100 Dollars ($640,000.00) from which the City may withdraw funds as and when necessary for land acquisition costs; provided however, that such amount shall not in any way be construed as the maximum amount for which Developer is required to reimburse the City as provided in this Section 2.03(b). In the event a condemnation award is challenged, all costs and expenses (including the City's attorney's fees) of the City to participate in or defend any such challenge shall be reimbursed by Developer. Developer shall reimburse the City within thirty (30) days after Developer receives written request for such reimbursement from the City, along with sufficient documentation of all such costs and expenses.
Right of Way Acquisition. (1) The DEVELOPER shall be responsible within the time frames set forth in this DA for right-of-way requirements as set forth above (except where the COUNTY has agreed to acquire the right-of-way or has already acquired the necessary right-of-way) necessary for the construction of the Required Roadway Improvements described above which may include, but not be limited to, lanes of travel, shoulders, striping, signalization, signage, medians, on-site stormwater drainage facilities, off-site stormwater drainage facilities, floodplain mitigation, wetland mitigation, guardrails, handrails, sidewalks, and any other necessary appurtenances. The DEVELOPER shall be responsible for selecting and retaining all consultants for acquisition of right-of-way for the Required Roadway Improvements which may include, but not be limited to, competent and qualified attorneys, engineers, surveyors, title companies, appraisers, land planners, certified public accountants, business damages experts, contractors, horticulturists, and any other consultants considered necessary by the mutually agreeable attorney, discussed below.
Right of Way Acquisition. The COUNTY is hereby designated as the Party to acquire all property and property interests required for the Project within the Parties’ jurisdictions, by eminent domain or otherwise, by and through the COUNTY’s Board of Supervisors, County officials and departments, and COUNTY’s attorneys. The COUNTY shall be responsible for conducting all public hearings to the end of adopting a resolution of necessity, and for taking all steps necessary to pursue to conclusion eminent domain proceedings as may be necessary to obtain property and property interests for or relating to the Project, and, in connection therewith, for entering into any and all contracts to obtain performance of all legal, engineering, appraisal, right-of-way, relocation assistance, and related services.