Right-of-Way FAQs
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- 1. How many project alternatives are being studied?
- Three project alternatives are being considered as part of the environmental review process: 1) A no-build alternative, 2) the addition of one general purpose lane in each direction, and 3) the addition of one general purpose lane plus the addition of two tolled express lanes to replace the single carpool lane in each direction.
- 2. How do I know if my property is impacted by the project?
- Based upon preliminary design concepts, there are a number of properties that may be impacted by the two build alternatives, including both partial and full acquisition of private property. In July 2010, the Riverside County Transportation Commission (RCTC) selected the Locally Preferred Alternative (LPA). RCTC chose the LPA as the alternative that best meets the project purpose and need. By designating an LPA early in the process, RCTC makes public disclosure of the preferred route, which assists the public in reviewing and commenting on the various environmental alternatives and their associated impacts. The environmental document being distributed in late 2010, for public review and comment, will list potential right-of-way impacts for all the project alternatives being considered. Final property impacts will be identified in the final environmental document anticipated in late 2011.
- 3. How does RCTC purchase property?
- There is a step-by-step process defined by Federal and State laws that must be followed when land is purchased for a highway project. A summary of the property acquisition process is detailed in the Acquisition Procedures Brochure available from RCTC.
- 4. How is the value of my property determined?
- By law, public agencies must present a written offer representing “fair market value” of the property interest required for the project. The fair market value is determined by an independent appraiser. The property owner has the right to be present during the appraisal and property inspection and can bring to the appraiser’s attention any characteristics pertinent to the appraisal. RCTC will present an offer in an amount at least as much as the fair market value. The owner has the opportunity to review the offer and either accept or reject it.
- 5. When will property acquisition occur?
- RCTC is presently pursuing all open-market (i.e., “For Sale”) properties. In addition, properties meeting Federal and State Hardship Acquisition criteria will be considered. The remaining properties are expected to be acquired shortly following the completion of the environmental process. RCTC is pursuing authorization to accelerate acquisition of project critical parcels in order to meet the project objective of delivering traffic relief as soon as possible.
- 6. What constitutes a Hardship? How do I request a Hardship Acquisition?
- Hardship is defined as a situation in which unusual personal circumstances of an owner are aggravated by a proposed transportation project. There are a number of qualifying events in Federal and State law, including financial, health, safety or market conditions. To request a hardship acquisition, a property owner must submit a letter to RCTC 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.
- 7. I want RCTC to buy my property now. Is that possible?
- Yes. Currently RCTC is purchasing properties that are on the open market or those that meet certain hardship or protection criteria defined in the Federal and State regulations. If you anticipate placing your property on the open market, or believe your situation may qualify as a Hardship Acquisition, please call our Toll Free Information Number at (877) 770-9191.
- 8. What assistance will I receive if I am relocated?
- RCTC will implement a Relocation Assistance Program for those displaced by the SR-91 Project (including residents, businesses, and non-profit organizations). RCTC will help identify replacement property comparable to the property that is being acquired, and any special needs of the displaced property owner will be considered. Moving costs will be paid (packing, storage, shipping, etc.) as well as other costs associated with the relocation. The relocation payment is separate and in addition to the purchase price of the property itself. Those seeking relocation assistance must obtain approval prior to moving. Additional information about relocation assistance is available within the Acquisition Procedures Brochure.
- 9. I rent the home where I live. What happens to me if the property is purchased for this project?
- Tenants of rental properties may be eligible for relocation benefits. If the property is purchased before it is needed, the tenant may be able to remain in the residence (under lease from RCTC) until the project begins. Tenants are eligible for relocation assistance if they meet occupancy requirements as detailed in the Acquisition Procedures Brochure.
- 10. What if the project only needs a portion of my property? How will I be compensated?
- If the project only requires a portion of an owner’s property, RCTC will pay the fair market value for the land and improvements needed, plus any additional damages caused to the remainder of the property. Owners also may receive payment for easements required, depending on the property and the appraisal valuation.
- 11. How long will the project take to build? How long will construction last directly in front of my home or business? Will access to my home or business be blocked during construction?
- RCTC will use the innovative “design-build” delivery model, allowing delivery of much needed congestion relief at least three years earlier than conventional methods. Project construction is anticipated to begin in 2012, with construction lasting approximately four years. RCTC will work to minimize the effects of construction to the greatest extent possible. More details about construction activity near homes and businesses will be available once the construction contract has been awarded.
