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Looking for information about the Purchase and Relocation (ROW) process - click here
Read the latest Online Notice

Purchase & Relocation (ROW)

Property Purchase and Relocation Process

Property Acquisitions:
Update: February 25, 2015

CDOT began the acquisition of properties for the I-70 East project in the fall of 2013. The residential properties in this first phase have now been acquired and the occupants have been relocated into permanent replacement housing. In addition, each property has been cleared of asbestos and any hazardous materials. For the safety of residents, we will soon begin demolition of these residential properties. At any given time, there will be several residences in various states of demolition.

If you have any questions or concerns about these demolitions, please call 303.757.9413 and leave a message.

The Colorado Department of Transportation (CDOT) has started the early acquisition efforts to purchase certain impacted properties for the I-70 East Project. Agreements have been reached with owners and these purchases are almost complete. By June, CDOT will begin closing on multiple properties, and these properties will be vacated. Perimeter fencing will be installed and an environmental inspection of the properties will be completed. The properties will be temporarily boarded up. This entire process, ending with demolition, will take several months to complete. During this time, the neighborhood will be monitored. Should you notice any suspicious activity, please call 911.

Since this project is federally funded, all property acquisition and residential and business relocation will be done in compliance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). This law was enacted by Congress to make sure that people whose property is acquired, or who move as a result of projects receiving federal funds, will be treated fairly and equitably. This means they will receive fair market value for their property, and will receive assistance in moving.

If the property you own or lease needs to be acquired and you need to be relocated, the process will allow you plenty of time and assistance to relocate and resettle your home or your business. Below you will find contact information, a summary of what to expect, and links that provide specific information about the property purchase and relocation processes, and the rights of residential and business owners.

Get accurate information!

I-70 East EIS Team Member ID Card - project team members will have project identification cards like the one shown here

bulletMaintain regular contact with your CDOT acquisition/relocation agent to obtain the most accurate, up-to-date information.

bulletIf you are contacted by anyone about acquiring your property, please ask for identification. Project team members will have project identification tags like the one shown here.

Questions about your property and the CDOT acquisition and relocation processes?

We can answer them:

Contact: Tawana Kelly

Real Estate Specialist

Phone: 303.757.9846

E-mail: tawana.kelly@state.co.us

Visit: I-70 East/Central 70 Project Right-of-Way Office

(Former location of Anderson Drilling)

3600 East 46th Avenue

Denver, CO 80216


Right-of-way team members will be available at this location to provide property-related information and answer your questions. More info: Project Right-of-Way Office

What to expect—briefly stated, here's a summary of what property owners and displaced occupants can expect:

bulletCDOT may ask the property owner to give permission to enter the property for survey work.

bulletCDOT staff will arrange to meet with you to identify your replacement housing needs.

bulletCDOT then studies the availability and costs of replacement housing.

bulletCDOT advises owners of appraisal rights. Landowners are encouraged to get their own appraisal. An appraisal is made by CDOT. Fair Market Value is established after CDOT completes appraisal review.

bulletA CDOT Representative then meets with landowner and makes written offer to purchase. The occupant receives a Notice of Eligibility for relocation benefits and a written notice that states the occupant will not be required to move for at least 90 days.

bulletPurchase negotiations occur and relocation benefits are determined.

bulletIf negotiation results in agreement, a written agreement is signed and closing occurs.

bulletIf parties are unable to agree, a legal action is filed. The goal of the legal proceeding is to have a disinterested, objective third party determine the property value.

bulletPurchases are completed.

bulletA final 30-day move-out notice is given to the occupant, requiring the occupant to move to the replacement property within 30 days.

What are CDOT's relocation benefits for residential occupants?

If an entire residential ownership is acquired and occupants are displaced, certain relocation benefits are provided to the displaced occupants:

bulletRelocation Advisory Assistance

bulletReplacement Housing Payment (Owner Occupied)

bulletRent Differential Payment for 42 months (Tenant Occupied)

bulletMoving Expenses

bulletClosing Costs (Owner Occupied)

bulletMortgage Interest Differential (Owner Occupied)

What are CDOT's relocation benefits for business occupants?

bulletSite Search Expense – not to exceed $2,500

bulletRe-establishment expenses of $50,000 – Colorado House Bill, HB12-10-12 was signed into law on May 3, 2012, increasing the state limit for re-establishment from $10,000 to $50,000

bulletMoving expenses to move the personal property of the business

Additional Resources

Focus Points Family Resource Center

The center provides assistance to families in northeast and north central Denver:

303.292.0770 - contact Indira (extension 139) or Karol (extension 136)

2501 East 48th Avenue, Denver CO

www.focuspoints.org

2-1-1

Call 2-1-1, a free information and referral line, for health and human services for those needing help with rental assistance, utility assistance, food and shelter.

City and County of Denver Office of Economic Development

The Office of Economic Development (OED) is a clearinghouse for affordable housing and related services. The OED also provides information on both rental and for-sale homes:

Call: 720.913.1999

www.denvergov.org/oed

Colorado Housing and Finance Authority (CHFA)

CHFA provides fixed-rate financing to homebuyers and provides education and technical assistance about affordable housing:

Contact: Dan McMahon

Phone: 303.297.7405

www.chfainfo.com

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act)

www.fhwa.dot.gov/real_estate/practitioners/uniform_act

Colorado Chapter of the Appraisal Institute

The Appraisal Institute provides a listing of appraisers in your area:

www.colo-ai.org

Important Definitions

Term

Definition

Acquisition

Acquisition is the process of acquiring real property (real estate) or some interest therein. See the definition of real property.

Appraisal

An appraisal is a written statement or report, independently and impartially prepared by a qualified appraiser, setting forth an opinion of defined value of a described property as of a specific date, supported by the presentation and analysis of relevant market information.

Comparable Replacement Dwelling

A dwelling that is decent, safe, sanitary, and functionally equivalent to the existing dwelling. The dwelling must be adequate in size to accommodate the displaced person(s) and in a similar neighborhood. It must be available on the private market and within the financial means of the displaced person(s).

Condemnation

Condemnation is the entire legal process of acquiring private property for public use or purpose through the acquiring agency's power of eminent domain. Condemnation is usually not used until all attempts have failed. An acquiring agency then goes to court to acquire the needed property.

Decent, Safe, and Sanitary (DSS) Dwelling

A dwelling that meets all applicable housing and occupancy codes and the following minimum standards: structurally sound, weather tight and in good repair; containing adequate and safe electrical wiring, safe drinking water, plumbing, heating, and sewage disposal systems—all in proper working order; adequate in size to accommodate the person and/or family with a functional kitchen area and a separate, fully equipped, ventilated bathroom.

Displaced Person

A person who must permanently move or must move personal property from real property as a direct result of a written Notice of Intent to Acquire or the Initiation of Negotiations for the acquisition of real property for a federal or federal-aid program or project.

Easement

The right of one person to use all or part of the property of another person for some specific purpose. Easements can be permanent or temporary (i.e., limited to the stated period of time). The term may be used to describe either the right itself or the document conferring the right.

Eminent Domain

Eminent domain is the right of a government to take private property for public use. In the United States, just compensation must be paid for private property acquired through eminent domain.

Fair Market Value

The sale price that a willing and informed seller and a willing and informed buyer can agree to for a particular property.

Initiation of Negotiations

The date on which the first written offer of just compensation to purchase real property for a project is delivered to an owner.

Just Compensation

The price the agency must pay to acquire real property under eminent domain. The price offered by the agency is considered to be fair and equitable to both the property owner and the public. The agency's offer to the owner is "just compensation" and may not be less than the amount established in the approved valuation report as the fair market value for the property. If you and the agency cannot agree on the amount of the just compensation to be paid for the property needed, and it becomes necessary for the acquiring agency to use the condemnation process, the amount determined by the court will be the just compensation for your property.

Negotiation

The process used by acquiring agencies to reach an amicable agreement with a property owner for the acquisition of needed property. An offer is made for the purchase of property in person or by mail, and the offer is discussed with the owner.

Notice of Eligibility for Relocation Assistance

A written notice furnished to a person to be displaced that establishes eligibility for relocation benefits before the initiation of negotiations.

Real Property

The interest, rights, and benefits that go along with the ownership of real estate, which is land and the improvements thereon. In some states, real property and real estate are synonymous. In other states, real property is used to mean the interest, rights, and benefits as well as the land and improvements.

Right of Way (ROW)

Right of Way (ROW) means real property and rights therein used for the construction, operation, or maintenance of a transportation or related facility.


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