Mississippi Department of Transportation Right of Way Operations Manual

Acquisition

The following procedures document the responsibilities of Right of Way Agents for acquiring property needed for public transportation projects. Real property interests are acquired by donation, purchase, or eminent domain proceedings. “Right of Way Agents” include but are not limited to Right of Way Consultants contracted by the Mississippi Department of Transportation to provide Right of Way Services.

Please review all pertinent chapters of the Right of Way Operations Manual and the Roadway Design Division (RWD) – Survey, Map & Deed Section Operations Manual.

Oversight of the acquisition function is conducted by the Right of Way Division Operations Manager. The MDOT uses consultants to perform the acquisition function. The following are the oversight responsibilities of the Operations Manager.

•	Monitor consultant assignment for compliance with MDOT policies, procedures and contract specification for quality control.
•	Resolve acquisition problems and issues.
•	Ensure that the selected consultant is qualified to accomplish the assigned task.
•	Interpretation of official instructions and/or rules, contracts or agreements.
•	Ensure proper distribution of work product to other MDOT Right of Way Sections and Divisions or MDOT consultants.
•	Return significantly incomplete assigned work to the consultant and consider invoking contract provisions for dismissal of consultant.

        Forms

The current Right of Way Appraisal and Acquisition forms are maintained and retained by the Right of Way Operations Administrator’s Administrative Assistant. Copies of these forms are provided upon request to the Right of Way Operations Administrator.

1.1	Acquisition Requirements and Policies

1.2	Authorized Acquisition Agents
Only authorized MDOT Right of Way Division employees and consultants, attorneys representing MDOT, or private firms contracted by the Mississippi Transportation Commission to provide right of way services, and other state or local governmental agencies under written agreement may acquire land for the Mississippi Transportation Commission.

1.3	Confidential Appraisals
Field Agents must not share appraisals with property owners or other interested parties. Field Agents may inform the property owner which comparable properties were used in the MDOT appraisal, if requested. Acquisition Agents may explain to property owners how the appraisal process is completed, generally, for any property.

1.4	Conflict of Interest
Acquisition Agents cannot have any interest, direct or indirect, in the real property being acquired that would in any way conflict with the acquisition. Appraisers and Review Appraisers cannot act as an Acquisition Agent for real property that they have appraised, except where the acquisition is of low value ($10,000 or less), in which case MDOT may permit the same person to both appraise and acquire a property.1
1.5	Initial Contact and Offer2
MDOT will make reasonable efforts to contact the property owner(s) or the authorized representative(s) to discuss: (1) MDOT’s written Fair Market Value Offer (FMVO) to purchase
the property, including the basis for the amount of just compensation; and (2) MDOT’s acquisition policies and procedures.
1.6	Expeditious Acquisition3
MDOT makes every reasonable effort to acquire real property expeditiously through agreements with property owners.

1.7	Prohibition of Coercive Action4
MDOT will not advance the time of condemnation, defer the acquisition process, defer condemnation, defer the deposit of funds with the court, or take any other coercive action in order to induce an agreement on the price to be paid for the property.

1.8	Incidental Expenses5
The owner of the real property shall be reimbursed for all reasonable expenses the owner necessarily incurred for:

(1)	Recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property to the Agency. However, the Agency is not required to pay costs solely required to perfect the owner's title to the real property;

(2)	Penalty costs and other charges for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and

(3)	The pro rata portion of any prepaid real property taxes which are allocable to the period after the Agency obtains title to the property or effective possession of it, whichever is earlier.

Whenever feasible, the Agency shall pay these costs directly to the billing agent so that the owner will not have to pay such costs and then seek reimbursement from the Agency.

1.9	Appeals
The property owner, or other interested party, may appeal the amount of reimbursement of expenses related to transfer of title or litigation, the amount of the FMVO, or other considerations. The property owner must be given the opportunity to present evidence, including but not limited to, comparable sales data and appraisals that is contrary to the amount of reimbursement of expenses related to transfer of title or litigation, the amount of the FMVO, or other considerations.

2.1	Acquisition Preparation Procedures

2.2	Project Acquisition Kickoff Meeting
Upon receipt of the project start date, the District Coordinator schedules a “project acquisition kickoff meeting” through appropriate personnel. The “project acquisition kickoff meeting” is a short meeting of the entire acquisition project team to establish the basic project objectives.

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The project acquisition kickoff meeting is held prior to the performance of the appraisal process on the project. The topics discussed include the following:

1.	Project start and end dates, if known
2.	Contract letting schedule and desired possession date
3.	Project purpose and benefits
4.	Contact information for all appropriate project personnel
1.	

5.	Review of maps
6.	Identification of improved/unimproved parcels that were scoped to be appraised or valued utilizing Waiver Valuations
7.	Discuss Staffing
8.	Establish timelines
9.	Identify priority parcels. Priority parcels may include those involving relocation of displacees, relocation of utilities, or other complex parcels (such as, those involving improvements, hazardous waste, government agencies, partnerships, businesses, churches, casinos, associations, estates, multiple owners, and out-of-state owners). Number and size of underground storage tanks as well as any other information on potentially contaminated sites.
10.	Review environmental commitments.
11.	Review special construction features.

2.3	Materials furnished to Acquisition Agents

•	The ROW Acquisition Maps will be distributed by the District Coordinator
•	An electronic file containing templates for FMVO, FMVO- X-Deed, Contact Report, Record of Heirs Form, 14 day  Notice for Condemnation, Approved Clauses, Corporate Resolution and Order, Division of Proceeds, Project Status Report, Waiver Valuation , Establishment of Just Compensation, Deed Request, Partial Release Request, Third Party Release, Right of Way Invoice, Right of Way Invoice Codes, Agent Closing Statement, Bill of Sale-Mobile Home, Acknowledgments, Internal Revenue W-9 form, and Waiver of Appraisal form, distributed by the District Coordinator
2.4	Acquisition File Preparation
For each parcel assigned to them, the Acquisition Agent will find the following instruments and documents in the PTS parcel file room:

•	Title abstract
•	Deeds
•	Appraisal

2.5	Review of Appraisal and Other Acquisition Materials
The Acquisition Agent reviews all material for an informed offer. If relocation is a factor in the acquisition, all materials are reviewed jointly with the Relocation Agent. Involvement of relocation is designated on the Review Appraiser Report. The Acquisition Agent familiarizes themselves with all factors that relate to the acquisition effort. Each factor is listed on the Pre-Acquisition Checklist, provided below.

Pre-Acquisition Checklist as Necessary:
•	Access controls
•	Plans for replacing or moving utilities (water, gas, electric, phone and sewage lines, septic tanks, meters, utility poles, water towers, fire hydrants, water wells, public buildings or facilities)
•	Comparable sales and other appraisal data supporting the FMVO.
•	Appraised per acre value.
•	Location of the property, according to stakes, including distances from existing highway centerline, and distance of current ROW from current highway centerline
•	Ingress/egress ramp(s) before and after construction, as shown on ROW Acquisition Map
•	Driveway widths allowed after construction and any existing wider driveways
•	Number of lanes each direction
•	Highway crossover locations on survey map
•	

•	Turn lane start and end points
•	Location of present ROW markers
•	Location of proposed ROW markers
•	Signs on the ROW
•	Purpose of acquiring the parcel
•	Parcel status with Property Management Section. Cleared for acquisition?
•	Status of parcel staking. If parcel is not staked, contact the District Coordinator
•	Need for the agency to remove fuel tanks
•	Property category in appraisal (agricultural, residential, timberland, commercial, etc.)
•	Existence of any timber to be acquired.
•	Structures or other improvements to be moved.
•	Section, Township, Range are correct and match abstract and tax maps
•	If parcel is in a city, the city is named in the indexing instructions
•	Directions and distances (calls) are correct
•	Hectares and acres are correct
•	Access and non-access language in the deed are correct
•	Name(s) on deed are correct and match the abstract
•	Who must sign the deed and how they must sign their names
•	Each partial release instrument is listed or implied in abstract
•	Environmental commitments
•	Need for any clause(s) in the deed (A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.)
•	Need for Resolution and Order to be attached to the deed
•	Deeds and ROW Acquisition Maps match

2.6	Appraisal Amendments
If information presented by the property owner or a material change in the character or condition of the property indicates the need for a new appraisal, or if the time lapse between the appraisal completion date and date of FMVO is one (1) year or more, a new or amended
appraisal must be prepared.6 If a new or amended appraisal must be prepared, the Acquisition Agent returns the appraisal documents to the District Coordinator who will provide
them to the Review Appraiser. If the latest appraisal indicates that a change in the FMVO is warranted, the Acquisition Agent promptly updates the FMVO and provides the revised FMVO to the property owner.7

2.7	Map Revisions
During the life of a project, revisions may be made to maps and deeds to correct inaccuracies, accommodate project/plan changes, identify new land transfers, etc. The revised maps and deeds will be provided throughout the life of the project by the District Coordinator.

3.	Acquisition Procedures

3.1	Initial Acquisition Agent-Property Owner Contact (Introductory Phone Call)
The Acquisition Agent’s initial contact with the property owner(s) or authorized representative(s) is normally a telephone call to schedule an onsite meeting. If the property owner does not have a phone, the Acquisition Agent leaves a note and a business card attached to the property owner’s door. During this telephone call, the Acquisition Agent covers the following items:

•	Explains the purpose of the meeting and informs the property owner(s) or authorized representative(s) that they are an Acquisition Agent and that they would like to meet with them to buy the property (and possibly other improvements). If relocation is involved, the Acquisition Agent explains that a relocation agent also will be assisting in relocation.
•	Establishes a meeting time and place (the site of the property being acquired).
•	Provides contact information, including an office and cell phone number.
•	Verifies the property owner(s)’s full name to ensure the deed instrument(s) is correct.
•	Requests that all property owners and spouses are present at the initial on-site meeting. If all property owners are not present, the Acquisition Agent must schedule additional meetings with the other property owners. All parties with an interest in the property (including heirs, estates, powers of attorney, churches, etc.) must be contacted and provided a FMVO, ROW Acquisition Map, Citizen’s Right of Way Acquisition Guide, and an explanation of how the acquisition will affect the remaining property.

3.2	Property Owner Meeting(s)
Following the initial introductory contact, it is preferred that property owner meetings be held in person. In some situations, communication may be conducted by telephone and/or by mail, if necessary (for example, an out-of-state property owner).

The FMVO may be presented at the initial property owner meeting. Alternatively, more property owner meetings may be required prior to the Acquisition Agent’s presentation of the FMVO. The purposes of these additional meetings may be to clear issues, clear title, obtain needed information, etc. Each acquisition is different and the Acquisition Agent adjusts and meets with the property owner as appropriate.

It should be noted that to meet minimum FHWA requirements, the property owner must be provided with an FMVO, the ROW Acquisition Map, and the Citizen’s Right of Way Acquisition Guide. Please see Section 3 of this Chapter of the Right of Way Operations Manual for additional information on procedures regarding FMVO provision.

If relocation is a factor for the parcel, the Relocation Agent attends the property owner meeting, at which the FMVO is presented by the Acquisition Agent. It is the Acquisition Agent’s responsibility to schedule the meeting with the Relocation Agent and property owner. All contact and communication with the property owner and other interested parties is documented (see Section 9.2 of this Chapter of the Right of Way Operations Manual for a discussion of the Contact Report).

During the initial in-person property owner meeting, the Acquisition Agent conducts the following activities:

•	Provides Citizen’s Right of Way Acquisition Guide
•	Provides ROW Acquisition Map
•	Explains ROW Acquisition Map noting the before and after condition of the property
•	Inquiries about condition of the Title
•	Explains construction features affecting the remainder
•	Inquires if there are mortgages, judgments, liens, etc. of which the agent is not aware
•	When multiple signatories required, determines who should be listed on the check(s)
•	Enters appropriate clauses in the deed(s) (A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.)
•	Explains that the payment check will be made payable to all property owners, mortgage holders, judgment claimants, lien holders, lis penden claimants, Quitclaim Deed interests, and any spouses who have homestead rights on the property, unless separate checks are requested
•	Inquires if there are additional renters or leases. If so, asks for a copy of the lease agreement and sends it to the appropriate supervisor to determine if a Quitclaim Deed is needed
•	Informs property owner(s) that the agency must acquire all interests before the deed(s) is accepted, recorded, and paid
•	If issues arise that warrant a closing, the Acquisition Agent consults with the Acquisition Officer and Title personnel to arrange a closing on the property using an approved Title Attorney
•	Ensures all pages of any deed or easement are initialed by the property owner(s) and the Acquisition Agent.

3.3	Uneconomic Remnants8
If the acquisition of a portion of a property leaves the property owner with a remainder that is of little or no value to the property owner, the agency offers to acquire the uneconomic remnant along with the portion of the property needed for the transportation project. The uneconomic remnant is acquired as an uneconomic remnant property. The agency does not acquire uneconomic remnants through eminent domain. The FMVO for the uneconomic remnant property states that the FMVO expires 90 days after Mississippi Transportation Commission obtains title to the property necessary for the construction of this project by deed, or immediately following recommendation for condemnation.

If agreement on the terms for the ROW acquisition cannot be reached, eminent domain proceedings begin for the ROW (See Section 8 of this Chapter of the ROM and the Legal Chapter of the Right of Way Operations Manual for additional information on eminent domain proceedings). Property owners should be advised that eminent domain will not include uneconomic remnant property.

3.4	Changes in Ownership, Judgments, or Liens
If the Acquisition Agent is informed of potential changes in ownership, judgments, liens, etc. through either the property owner or another source, the Acquisition Agent verifies this information according to the procedures below:

A.	Change in Ownership. If a property owner states that they have sold the property or if the Acquisition Agent obtains other information regarding ownership of the parcel that is inconsistent with the project abstract/deed, the Acquisition Agent notifies the District Coordinator who then sends a request for a title update to the Title Officer.

B.	Change in Judgment or Lien. If there has been a potential change in a judgment or lien, the Acquisition Agent verifies the change at the Courthouse and obtains a copy of the most recent documentation. The Acquisition Agent then attaches this new documentation to the deed and sends the deed and documentation to the District Coordinator who forwards it to the Title Section Officer for updating of the abstract. If the judgment value is greater than that of the acquisition offer, the acquisition then goes to condemnation, unless the property owner pays off the judgment. The Acquisition Agent, however, does not wait for documentation of the potential change to obtain signatures on deeds. The Acquisition Agent may request that the property owner sign the deed before pursuing verification of the potential change at the Courthouse.

If the property owner states that the mortgage is paid in full or cancelled, but the abstract lists a mortgage or lien holder, the Acquisition Agent obtains a copy of the cancellation at the Courthouse as documentation. Once this documentation is obtained the lien holder’s name is not required on the check. Alternatively, the Acquisition Agent may request the property owner to provide a copy of the “Authority to Cancel” or a Deed of Trust with “Cancellation” stamped on it from the Chancery Clerks office. The Acquisition Agent also

may review the “Authority to Cancel” books and the Deed of Trust books at the Chancery Clerks office to obtain a copy of a canceled mortgage. The cancellation is recorded in the “Authority to Cancel” book and the original Deed of Trust is stamped satisfied and canceled.

In the instance of change of ownership or a change in a Judgment or Lien, the Acquisition Agent may be unable to obtain the supporting documentation. If this occurs, the Acquisition Agent simply notifies the District Coordinator that a title update is needed. The District Coordinator then requests a title update from the Title Officer.

C.	Dissolved Corporation. Since acquisitions involving dissolved corporations are rare occurrences, the Acquisition Agent seeks guidance from the Title Section. If a property is listed as owned by a corporation, and the property owner claims the corporation is dissolved, the corporation must have been formally dissolved by a meeting of the board, a Resolution and Order, and then formally recorded and dissolved by the Office of Secretary of State. If the owner of a corporation dies, the corporation is not automatically dissolved. The corporation’s assets must have been properly distributed. If land was distributed by deed, it must be recorded at the County Chancery Clerk’s office.

D.	Bankruptcy, Federal Tax Liens, State Tax Liens. If a property is in bankruptcy or has federal or state tax liens, the Acquisition Agent consults with the District Coordinator and Title Officer for the appropriate acquisition procedures.

3.5	Deed Clauses
The Legal personnel maintain a list of approved standard deed clauses as well as alternate deed clauses for use when a property owner objects to a standard clause. A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual as well as in the electronic file mentioned in Section 1.2 of this document.

The Acquisition Agent determines before, or at, the initial contact meeting if deed clauses are needed. If it is unclear whether a deed clause is needed, the Acquisition Agent contacts the District Coordinator for direction. If it is clear at the initial meeting which deed clause is needed, the Acquisition Agent includes the clause on deed and explains it to property owner, prior to asking them to sign deed.

Prior to replacing a standard deed clause with an alternate deed clause, the Acquisition Agent obtains approval from the District Coordinator. The Legal Section must approve any change in the wording of a standard, or an alternate, deed clause on a case-by-case basis. Insertion of unapproved deed clauses, or unapproved changes to deed wording, by the property owner are not accepted by MDOT. Only clauses that are pre-approved by MDOT, and written exactly from the MDOT list of approved clauses, can be inserted in the deed.

The property owner and Acquisition Agent must initial all changes on deeds.

3.6	Homestead Rights
On property that is defined as the homestead, the spouse of the property owner also must sign all deeds and instruments.

3.7	Heir Searches
The Acquisition Agent conducts an heir search when the property owner shown in the abstract is deceased. Upon receiving notification to provide heir information, the Acquisition Agent takes the following actions:
•	Assembles all known heir information.
•	

•	Searches the following potential sources of heir information, as applicable: current property owner(s), relatives, neighbors, attorneys, MDOT and county ROW records, banks, real estate offices, US Post Office, county courthouse records (wills, deeds, marriage, divorce), State Department of Health records (birth, death certificates), churches, funeral homes, cemetery records, schools, census, etc.
•	Obtains copies of deeds, wills, birth certificates, death certificates, and other documents or records.
•	Requests heir information in writing [see Acquisition Forms Index - Identification of Heirs Letter] and requests information providers to complete and sign the Record of Heirs Form
•	If the heir ship information provided in the title abstract or obtained by the Acquisition Agent is extremely complex, the Acquisition Agent should consult with the Acquisition Officer and Title Officer as to whether acquisition or condemnation is the appropriate course of action.
•	A will doesn’t pass title unless it has been probated through the Chancery Court. An open probate estate requires approval from the court prior to acquisition by MDOT. A closed estate will contain a Final Judgment acknowledging the record owner per the estate proceedings.
•	If the deceased party has a will that has not been probated, the Acquisition Agent obtains a Record of Heirs form. [See Acquisition Forms Index]
•	If a property owner has Power of Attorney (POA), the Acquisition Agent obtains documentation of the POA. It must be of record in a county courthouse to be valid, and must grant specific authority to convey property.

If a person is the sole survivor of a family with no will, or a gap in the trail of deeds and/or wills exists, the Acquisition Agent consults with the Title personnel on how to proceed with the acquisition. The “sole survivor-at-law” deed clause is needed in all heir ship property. A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.

3.8	Deceased Owner, Survived by Partner
If a spouse is deceased, and “joint tenant with rights of survivorship” is noted on the abstract, the Acquisition Agent proceeds with following actions:

•	Requests that the surviving spouse sign the deed;
Obtains proof of death (death certificate, obituary, or funeral statement from courthouse);

3.9	Obtain Releases to Encumbrances (or Interests) to the Title
The Acquisition Agent must obtain releases to encumbrances (or interests) to the title prior to payment of the property owner. These encumbrances may include mortgages, judgments, liens, etc. Note that it is not necessary to pursue partial release(s) once a parcel is recommended for condemnation.

The acquisition agent is not required to obtain a partial release on Deeds of Trust on parcels where the fair market value offer is less than $5,000.00. However, the holder of the Deed of Trust must be included on the check along with the name of the property owner.

The process of obtaining executed Partial Release of Mortgages must be initiated early in the acquisition process. Acquisition Agents must ask the property owner(s) if they have any liens and/or encumbrances against their property. The Acquisition Agent also must review files to determine the status of mortgages (still in effect or cancelled). Since the property owner’s warrant must include the financial institution holding the Deed of Trust, it is imperative that

the most current and correct financial institutions are included on the warrant. It also is imperative that the most current and correct Deeds of Trust are listed on the executed Partial Release of Mortgage instruments.

Alternatively, the lien holder can opt to waive payment. The lien holder must provide a written statement if they opt to waive payment [see Acquisition Forms Index - Lien Holder Waiver of Payment]. If the property owner indicates that the mortgage is paid in full, but the mortgage was not properly satisfied at the Chancery Clerk’s office, the Acquisition Agent contacts the mortgage holder and requests that the mortgage be cancelled at the Courthouse. Acquisition Agents also must resolve inaccurate judgments or liens (for example, property owners with common names).

The steps to obtaining releases include the following:
1.	Report the existence of a new mortgage via a memorandum to the District Coordinator and attach a copy of the discovered Deed of Trust and/or cancelled mortgage(s).
2.	Obtain all phone numbers, names of contact persons, and addresses for financial institutions involved. This information is maintained and updated in each Acquisition Agent’s electronic miscellaneous field file. This information is shared among all Acquisition Agents. Obtaining this information prevents delays once the deed is signed.
3.	Contact mortgage bank in person, if possible, and provide written request for partial release [see Acquisition Forms Index - Partial Release Request Letter]. Some banks may have an Officer assigned to handle Partial Release of Mortgages, rather than the Loan Officer that manages the property or customer account. Obtain Partial Release of Mortgage from the assigned Partial Release Officer or the Loan Officer, as appropriate.
4.	When Partial Release of Mortgage(s) is obtained, submit Partial Release of Mortgage(s) to the agency along with all signed deeds.
5.	Check the abstract to verify that the agency has received all executed partial releases on the project.
6.	If the mortgage company is unwilling to sign a Partial Release of Mortgage prior to receiving compensation, inform the District Coordinator. The District Coordinator, in consultation with the Title Section, decides whether to process the parcel for payment through an, Attorney Closing, or to recommend the parcel for condemnation.
7.	If it is decided to process the parcel for payment through an Attorney Closing, the Title Officer arranges a closing with an approved Title Attorney. The Acquisition Agent must obtain a form from the property owner authorizing the closing attorney to speak with the lienholder. [See Acquisition Forms Index]
8.	If it is decided to recommend the parcel for condemnation, the District Coordinator instructs the Acquisition Agent to complete a Recommendation for Condemnation Form.

If a mortgage holder requires the agency to pay a fee to obtain an executed Partial Release of Mortgage, the Acquisition Agent takes the following actions:

a.	If the property owner is required by the mortgage holder to complete and sign a form, request that the mortgage holder send the form to the property owner immediately.
b.	Ask the property owner to complete any forms required by the mortgage holder, return forms to the mortgage holder, and send a copy of each form to Acquisition Agent.
c.	Request that mortgage holder submit the request for the fee on company letterhead and include a signed W-9 Form to the DOT Manager to begin processing the fee payment check.
a.	

d.	DOT Manager obtains fee payment check, and notifies the Acquisition Agent who disburses accordingly.
e.	Acquisition Agent coordinates and tracks the delivery or mailing of the fee payment check to the mortgage holder.

4.	Fair Market Value Offer (FMVO)

Provision of FMVO
The property owner(s), or authorized representative(s), are provided a written FMVO. In some cases, the Acquisition Agent may choose to present the written FMVO at their first meeting with the property owner while, in other cases, the Acquisition Agent may choose to present the written FMVO at a later meeting. For example, the Acquisition Agent may prefer to wait until issues on other parcels are resolved, until the title is cleared, a relationship with the property owner is established, or more information on the parcel is needed.

When purchasing property, all parties with an interest in the property must be contacted and provided a written FMVO, ROW Acquisition Map, Citizen’s ROW Acquisition Guide, and an explanation of how the acquisition will affect the remaining property.  Parties with an interest in the property may include heirs, estates, powers of attorney, and churches, among others. The property owner(s) can have a designated representative (if approved by all property owners) but each property owner and interested party must receive a written FMVO, ROW Acquisition Map, Citizen’s ROW Acquisition Guide, and an explanation of how the acquisition will affect the remaining property, either in person or by mail. It is best to have all property owners present when presenting the written FMVO.

If at all possible, presentation of the written FMVO is made in person. Please refer to Section 1 of this Chapter of the ROM for guidelines related to meeting with property owners.  FMVOs should be made within 3 days of receipt the Establishment of Just Compensation unless there are extenuating circumstances. The Acquisition Agent presents the property owner(s) the following documents at the FMVO meetings:9

1.	Citizen’s Right of Way Acquisition Guide (may have been provided at earlier meetings)
2.	ROW Acquisition Map, with the parcel to be acquired highlighted (may have been provided at earlier meetings)
3.	Internal Revenue Service W-9 form
4.	An identification of the buildings, structures, and other improvements (including removable building equipment and trade fixtures) that are considered to be part of the real property for which the offer of just compensation is made. Where appropriate, identify any separately held ownership interest in the property, (a tenant-owned improvement) and indicate that such interest is not covered by the FMVO. (may have been provided at earlier meetings)
5.	FMVO. Sign and date the written FMVO, in the property owner(s) presence. The date is that of the original FMVO presentation. If all of the property owners are not present at the initial FMVO meeting, when re-presenting the written FMVO later to the other property owners, present a copy of the written FMVO only, and write “COPY NO. 1” on the copy.
6.	Proposed instrument(s) of conveyance (such as, deed(s)). Ask property owner(s) to sign and execute the instrument(s). Date the deed using the date that the first person signed the deed
7.	Partial Release(s) of Mortgage(s).
1.	

If the written FMVO cannot be provided in person, the written FMVO is provided via mail. The Acquisition Agent informs the property owner(s) that the documents are being mailed, that they need to sign and notarize the documents, and return them by a specified date. The written FMVO mailing includes the documents listed above as well as a cover letter and a W- 9 for each property owner. If sent via certified mail, the Acquisition Agent retains the original receipt for certified mail and the certified mail receiving notice in the parcel file for submission with closing papers.

If the property is being acquired from an heir, the Acquisition Agent must state, along with the written FMVO that the recipient has identified themselves as an heir to the property owner.

Some corporate property owners also may request the Market Data Comparison Report, CAD Maps, and environmental documents in conjunction with the written FMVO.

4.2	Joint Acquisition and Relocation Offer Policy
A displacee must receive a notice of eligibility that informs them that they will be displaced and may be eligible for relocation benefits. This notice should be issued on the same day, or as soon thereafter as possible, as the provision of the FMVO or other offer of just compensation. If delivery on the same day is not possible, the notice of relocation eligibility is typically delivered within seven (7) days.

Where feasible, MDOT provides the acquisition FMVO and relocation offer letter at the same time. If the property is only occupied by a tenant, the FMVO and relocation offer are provided separately. If the offers cannot be made at the same time, the Acquisition Agent notifies the Relocation Section promptly of the provision of the FMVO.

4.3	Waiver Valuation Acquisitions
MDOT may determine that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated not to exceed $10,000.00 A Waiver Valuation acts as the offer of just compensation.

•	Identifying Parcels for Waiver Valuation. Parcels may be selected for Waiver Valuation if the valuation of the parcel is uncomplicated and the value does not exceed $10,000.00.

•	Documenting Waiver Valuations. Based on 3 of the comparable sales for each identified parcel provided by the Review Appraiser, the Acquisition Agent or Agency Designee establishes a value for each parcel that qualifies as a Waiver Valuation. The Acquisition Agent or Agency Designee prepares a Waiver Valuation Form for each parcel that serves as documentation to present an offer of just compensation for the acquisition of these properties. The Waiver Valuation is submitted to the Right of Way Operations Administrator to review and, upon approval, execute an Establishment of Just Compensation (EJC). The completed EJC and Waiver Valuation are entered into the Parcel Tracking System and scanned to the PTS parcel file room, in lieu of an appraisal. (Agency Designee determined according to 49 CFR 24.102 (B))

4.4	Donations of Property
The owner of real property, required for a project, may donate the property to the agency. Prior to the agency accepting the property donation, the property owner is informed of their right to receive just compensation for the property. The property owner also is informed of their right to an appraisal of the property If an appraisal is declined, a clause is inserted in the deed stating that the owner waived their right to an appraisal. A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.

If a property owner donates their real property, the Donation Clause is inserted in the deed. (A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual). It is necessary to obtain the partial release of mortgage and other required releases.  A property owner also may donate their property without waiving their right to an appraisal.

4.5	No Oral Agreements
Acquisition Agents are prohibited from making oral agreements. All agreements with property owners and other interested parties must be made in writing.

4.6	Exceptions to What Acquisition Includes
Fee acquisitions include all rights, title, and interests in and to the property being acquired, except the following:

1.	All oil and gas therein and there under on all projects where the property is being acquired under statutory authority, Section 65-1-47, Mississippi Code 1972 Annotated and Amended.

2.	Other rights, titles, or interests which are specifically reserved in the deed, condemnation petition, judgment, or stipulation settling a condemnation proceeding.

5.	Special Acquisition Circumstances

a.	Protective Buying and Hardship Acquisitions
1.	Protective Buying 23 CFR 710.503
The STD must clearly demonstrate that development of the property is imminent and such development would limit future transportation choices. A significant increase in cost may be considered as an element justifying a protective purchase. 

•	Require a NEPA decision. (23 CFR 771.117(d) (12)) 
•	Allow 4F properties if consultation is completed on 4F.
•	Acquisition usually starts during the NEPA process.
•	Request reimbursement after the property is incorporated in the Federal-aid project.
•	Must comply with relevant Federal Laws. (Uniform Act, Title VI Civil Rights Act and 
23 CFR 710)
•	Subject to condemnation if State Law allows.
•	The acquisition shall not influence the environmental review of the project.

2.	Hardship Acquisition 23 CFR 710.503
The STD must accept and concur in a request for a hardship acquisition based on a property owner's written submission that:
(1) Supports the hardship acquisition by providing justification, on the basis of health, safety or financial reasons, that remaining in the property poses an undue hardship compared to others; and
(2) Documents an inability to sell the property because of the impending project, at fair market value, within a time period that is typical for properties not impacted by the impending project.

•	Require a NEPA decision. (23 CFR 771.117(d) (12)) 
•	Allow 4F properties if consultation is completed on 4F.
•	Acquisition usually starts during the NEPA process.
•	Request reimbursement after the property is incorporated in the Federal-aid project.
•	Must comply with Federal Law. (Uniform Act, Title VI Civil Rights Act and 
23 CFR 710)
•	Subject to condemnation if State Law allows.
•	The acquisition must not influence the environmental review of the transportation project.

b.	Mobile Home Acquisition Procedure
The Acquisition Agent obtains a determination from the approved appraisal regarding whether the mobile home is real property or personal property, if not so identified the Review Appraiser is notified to assist in the determination. In most instances, if the mobile home is personal property, the mobile home is relocated to a new lot by the Relocation Agent. If the mobile home is real property, the Acquisition Agent acquires it and compensates the property owner in the FMVO.  In those instances, when a mobile home cannot be relocated to similar
conditions, zoning, etc., the Relocation Agent requests of the Review Appraiser, in writing, that the mobile home be acquired.

If the Acquisition Agent acquires the mobile home, the Acquisition Agent conducts the following activities:

•	Adds the Mobile Home Clause to the deed with the mobile home’s serial number, make, and model. The Acquisition Agent and the property owner(s) initial the clause. A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.
•	Obtains the original bill of sale from the mobile home owner and attaches the bill of sale to the signed deed.
•	Prepares a bill of sale for the property owner(s) to sign and date. This bill of sale must be notarized.
•	Coordinates with the Title personnel to check for any Uniform Commercial Code (UCC) liens that prevent passing of clear title to the agency.

•	Obtains the original title to the mobile home. If the title cannot be obtained, the Acquisition Agent must document the file accordingly and MDOT cannot sell the mobile home.

When acquiring a mobile home that is owned by one (1) party, but is on a different property owner’s land and the mobile home is mortgaged, the Acquisition Agent ensures that the following items are placed in the Parcel File:
1.	Property owner’s Warranty Deed
2.	Mobile home owner’s Quitclaim Deed with Mobile Home Clause inserted.
3.	Partial Release of Mortgage.
4.	Uniform Commercial Code 3 (UCC-3) release from mortgage company.
5.	Notarized Bill of Sale from mobile home owner.
6.	Mobile home title from the mortgage company. The mortgage company typically sends the title to the mobile home owner. MDOT then obtains the signed title from the mobile home owner. In most cases, only newer mobile homes have a title or certificate of origin." Please note that if it is not possible to obtain the title, then the Acquisition Agent should document in the file that the title could not be obtained so therefore MDOT cannot sell the mobile home.
7.	US Department of Housing and Urban Development (HUD) Form signed by the property owner.

Shared Acquisition Payment If more than one party is sharing the acquisition payment, the percentage of the payment that goes to each individual is stated in the deed as a Disbursement Clause. A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.

c.	Crop Agreements
This section describes the potential situations that may occur when an acquisition project includes land with existing, growing crops. In all cases, the Acquisition Agent provides all crop agreements to the Property Management Section as notification of the agreement.

Harvest Prior to Letting. If agreed to by the agency, the property owner can harvest existing, growing crops after the agency acquires the property, but before project construction. Approval for the harvest completion date is obtained from the District Coordinator to ensure harvesting does not interfere with project letting. The Acquisition Agent provides the property owner with the deadline for harvesting as a Crop Clause in the deed or by a signed memorandum from agency authorities (A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual). After the agreed upon harvest completion date, any crops not harvested become the property of the agency. Agency employees must not suggest that a property owner abandon a growing crop prior to ROW deed conveyance. Until this date, the property owner should never abandon a growing crop.

Unable to Harvest Prior to Letting. If the project is let prior to harvesting the current crop and the property owner is unable to harvest the crop by the agreed upon deadline, an estimate of the damages is prepared either by a Review Appraiser’s determination, a revised appraisal, or an administrative adjustment as determined by the Acquisition Officer.

Utility Relocation Requires Access/Potential Crop Damage. Relocation of utilities in the pre-construction phase may require access that could damage a growing crop. The utility company, however, must access the property to relocate the utility in time for project letting. In these instances, the utility company determines the damages in coordination with the owner of the crops and establishes damages prior to initiating the relocation. The damages are provided to the crop grower by the utility company.

Potentially Contaminated or Other Environmentally-Sensitive Sites. Farming operations also may contain potentially contaminated sites or other environmentally-sensitive areas. If a Field Agent discovers a potentially contaminated site(s) or other environmentally sensitive area, not already identified by the Property Management personnel, the Field Agent reports the site(s) to their supervisor and the Property Management personnel. Once reported, the acquisition process is discontinued until a determination is made.

Farmer Plants Crop After Signing the Deed. If the farmer plants a crop on the right of way after signing the deed, this is done so at the farmer’s risk.

d.	Timber Agreements
If the timber is a separate item on the appraisal (that is, it is part of timberland, not timber on residential land), the property owner may elect to harvest the timber. If the property owner elects to harvest the timber, the Acquisition Agent subtracts the value of the timber from the total FMVO. The deed must contain a Timber Clause with a clear deadline for timber removal (A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual). The Acquisition Agent obtains approval for the harvest completion date from the District Coordinator to ensure harvesting does not interfere with project letting. The Acquisition Agent provides all timber agreements to the Property Management personnel to ensure they are notified of the agreement.

e.	Life Estate Interests
In some instances, a life estate owner’s deed states that they have interests in timber on the property, any rent resulting from the property, or other income producing features of the property. The life estate interest also usually has the right to live on the homestead until their death. In these cases, the fee owner may be compensated through a Warranty Deed for the value of the land and the life estate owner may be compensated through a Quitclaim Deed for the value of timber, rent, etc.  However, there are some instances where the life estate owner executes the same Warranty Deed as the remainder men, and no quitclaim deed is obtained.

f.	Fence Relocation

If there are fences to be compensated for within the acquisition area on the parcel being acquired, and the property owner wishes to keep the fence, the agency and the property owner may agree in writing that the property owner may remove the fence from the acquired property. The Acquisition Agent obtains approval for the fence removal date and clause from the District Coordinator to ensure the fence does not interfere with project letting. The deadline for the removal of the fence must be stated in a Fence Clause in the Deed. If the fence is not removed within that timeframe, the construction contractor demolishes the fence. A list of approved deed clauses is included in the attachments to this Chapter of the Right of Way Operations Manual.

If the fence is appraised as an improvement, the Acquisition Agent notifies the Property Management personnel to ensure they are aware of the acquisition of the fence.

g.	Billboard and Sign Acquisitions
The location of a billboard/sign is obtained from the topo information on the ROW Acquisition Map or through the OAS website or by line of site by the appraiser or ROW field agents. The appraisal determines if the billboard/sign is on present right of way or private land. When a billboard or sign is acquired by the agency, the Acquisition Section, in conjunction with the Relocation Section notifies the Property Management personnel. A sign/billboard also may be relocated depending on the condition of the sign, remaining land, length of lease, and zoning. The relocation of a billboard should be coordinated with the MDOT- Maintenance Division Outdoor Advertising Section to determine if the relocation of a billboard is permissible.

h.	Acquisition of Land for Other Purposes (This section is MDOT specific, it may or may not apply to other agencies)
Upon receipt of a request from a District Office or MDOT Division and authorization from the MDOT Executive Director to acquire land not for a transportation construction project, the RWD Survey, Maps & Deeds Section prepares maps and deeds and the Appraisal Section prepares an appraisal of the property. Acquisition Agents then tender an offer for the property.

On occasion, MDOT acquires property for the purpose of wetland banking. The Environmental Division informs the Assistant Chief Engineer for Preconstruction that property is needed for wetland banking. Upon approval by the Assistant Chief Engineer for Preconstruction and the Mississippi Transportation Commission, the Acquisition Section acquires the designated property through a Warranty Deed. Upon completion of the acquisition, a copy of the signed deed is provided to the Environmental Division for wetland banking purposes.

i.	Acquisition from Political or Public Corporation
If the property owner is a political or public corporation (municipality, county, etc.), the Acquisition Agent ensures that the seal of the corporation is attached to the instrument and is attested to by the secretary or clerk of such corporation.10 The seal and the attest must be part of the actual instrument.  It is not sufficient for the seal and the attest to be only on the
Resolution and Order or minutes.

j.	Acquisition of Lands Under Control of Another State Agency
An agency occasionally acquires land from other state agencies. The method for acquiring this land is determined by the type of ownership that the state agency has of the property. If there are no restrictions on the agency passing the title, the agency will acquire the property through a Warranty Deed. If this is not possible, the property is acquired through a permanent easement. Some state agencies must have legislative approval prior to conveying property. This approval is coordinated through the Legal Section.

k.	Grave Relocation
If a grave must be relocated in the acquisition process, a court order is required. The agency provides counsel to handle the legal process of the grave relocation. A ROW Agent (typically a Relocation or Acquisition Agent) provides counsel with the names of any relatives of the buried deceased, name of the deceased, contact information for the funeral home conducting the relocation, and the new location of the grave. If relatives exist, the relatives may decide where to relocate the grave. If no relatives exist, the courts determine where to relocate the grave. The ROW Agent also obtains quotes for the relocation costs from two (2) to three (3) funeral homes for the relocation services and provides this information to the attorney. Once the Court Order is obtained, the funeral director conducts the relocation and invoices the ROW Division for the cost of the relocation services.
        
l.	       Functional Replacement of Real Property in Public Ownership (23 CFR 710.509)

                   1. General

When publicly owned real property, including land and/or facilities, is to be acquired for a highway project, in lieu of paying the fair market value for the real property, the MDOT may provide compensation by functionally replacing the publicly owned real property with another facility which will provide equivalent utility. Examples are libraries, fire and police stations, city and town halls, and public schools. 

2. Federal Participation Federal-aid funds may participate in functional replacement costs                           only if: 
a. Functional replacement is permitted under State law (it currently is) and the MDOT elects to                   provide it. 
                   b. The property to be acquired is in public ownership and use. 
                   c. The replacement facility will be in public ownership and will continue the public use function of   
                   the acquired facility.
                   d. The MDOT has informed the agency owning the property of its right to an estimate of just 
                   compensation based on an appraisal of fair market value and of the option to choose either just 
                   compensation or functional replacement. 
                   e. The FHWA concurs in the MDOT’s determination that functional replacement is in the public
                    interest.
                    f. The real property is not owned by a utility or railroad. 

     3. Limits Upon Participation 
                  Federal-aid participation in the costs of functional replacement is limited to costs that are actually
                  incurred in the replacement of the acquired land and/or facility and are: 
a.	Costs for facilities which do not represent increases in capacity or betterments, except for
those necessary to replace utilities, to meet legal, regulatory, or similar requirements, or to meet reasonable prevailing standards; and
                  b. Costs for land to provide a site for the replacement facility. 

                   4. Procedures
a.	During the early stages of project development, a MDOT ROW representative should meet    with the owning agency to discuss the effect of the possible acquisition and potential application of the functional replacement option.
b.	At the earliest practicable time following FHWA authorization for right-of-way acquisition for the project, the owning agency must be informed of its right to an estimate of just compensation based on an appraisal of fair market value and of the option to choose either just compensation or functional replacement.
c.  If the owning agency desires functional replacement, it must make a formal written application   to the MDOT ROW Division Director and fully explain why it would be in the public interest to functionally replace its facility. 

d. If the MDOT determines that functional replacement is in the public interest, it shall request concurrence from FHWA. This is required on all Federal-aid projects regardless of the current MDOT-FHWA Project Oversight Agreement.

e. Following receipt of FHWA concurrence, the MDOT should initiate an agreement with the owning agency setting forth the rights, obligations, and duties of each party with regard to the facility being acquired, the acquisition of the replacement site, and the construction of the replacement facility. The executed agreement shall also set forth how the costs of the new facility are to be shared between the parties. 

f. The MDOT may proceed with acquisition of the replacement site, if necessary. Should the owning agency elect to purchase the replacement site on their own, the MDOT ROW Division must monitor the acquisition for Uniform Act compliance.

 g. The development of detailed plans, specifications, and estimates (PS&E) should proceed as soon as practicable. An architect should be selected using the MDOT’s consultant selection procedures. (Architect fees must not be based on a percentage of cost of construction in accordance with 23 CFR Part 172.9(c)(2)).

 h. The PS&E shall be submitted to FHWA for review and approval if required under the current MDOT-FHWA Project Oversight Agreement. Advertising for bids and letting of the contract may follow the general procedures utilized by the owning agency, if acceptable to the MDOT and FHWA. The submission, where applicable, shall include provisions for periodic MDOT inspections during construction of the replacement facility.

 i. A final inspection of the completed facility shall be made jointly by the MDOT and a representative of the owning agency. A representative of FHWA should be invited on this inspection if appropriate under the current MDOT-FHWA Project Oversight Agreement. The MDOT shall request a letter from the owning agency releasing MDOT from any further responsibility. 

6.	Easements
An easement is the right to the limited use by the agency in the land of a property owner. An easement is a non-possessory and intangible interest. The agency may require either temporary or permanent easements.

a.	Pre-1949 (Whitworth) Acquisitions (MDOT Specific)
All acquisitions that occurred prior to September 14, 1949 were acquired via permanent easement.11 It is not necessary for MDOT to acquire properties where MDOT owns such an easement.

b.	Temporary Easements
The agency’s policy is to acquire Temporary Easements for ramps, culverts, and ponds on property surrounding the project site. All other construction-related activities such as detour roads, sloping and grading, etc. must be acquired under a Warranty Deed.

c.	Permanent Easements
In some cases, the agency acquires the property through a Permanent Easement. When obtaining a Permanent Easement on property, the procedures followed by the Acquisition Agent are similar to those followed when acquiring property through a deed. The procedures specific to Permanent Easements are described below.

A.	Federal Agency Permanent Easements
Agencies cannot exercise eminent domain over any Federal/United States Government Agency or Reservations for Native Americans (which are under the umbrella of the United States Department of Interior, Bureau of Indian Affairs). Government Agencies from which agencies frequently acquires property via Permanent Easement includes the following:

•	United States Department of Interior, Bureau of Indian Affairs (Reservations for Native Americans)
•	Federal Highway Administration
•	Army Corps of Engineers (thru FHWA)
•	United States Department of Agriculture, Forest Service (thru FHWA)
•	Drainage District Boards (thru FHWA)
•	Levee Boards (thru FHWA)
•	16 Section Lands – County Board of Education (thru FHWA)
•	Army or Air Force
•	Navy
•	Veterans Administration
•	NASA
•	

When obtaining an easement on property owned by a Federal Agency, the Acquisition Agent provides the Agency with a cover letter that states the location and number of acres and requests their signature on the Permanent Easement. Attached to the letter are a ROW Acquisition Map, the FMVO, and the Permanent Easement. The Acquisition Agent contacts the Agency to ensure that they sign and return the Permanent Easement. After the Acquisition Agent receives the executed Permanent Easement, the Acquisition Agent arranges for the easement to be approved. Upon approval, the Acquisition Agent processes payment. [See Federal Land Transfer section of the ROM for additional information].

Title personnel determine if a property is owned by a Native American Tribe. When obtaining an easement on property owned by a Native American Tribe, the Acquisition Agent provides the Tribe with a cover letter that states the location and number of acres involved and requests their signature on the Permanent Easement. Attached to the letter are a ROW Acquisition Map, the FMVO, and the Permanent Easement. The Acquisition Agent contacts the Tribe to ensure that they sign and return the Permanent Easement. After the Acquisition Agent receives the executed Permanent Easement, the Acquisition Agent arranges for the easement to be approved. Upon approval, the Acquisition Agent processes payment.

It is important to note that Native Americans who live on the Reservation do not own the land on which their house sits. The Reservation’s Housing Authority owns all of the land and the residents pay “rent” to Housing Authority for the land on which their house sits. Residents of the Reservation, however, may own their house. As a result, when obtaining easements on Reservation property, the agency provides just compensation to the Reservation and, in turn, the Reservation provides residents, who own their homes, compensation for the house. When acquiring property on a Reservation, the Reservation also may donate the land to the agency. In these instances, the agency may agree to allow the Reservation to remove any timber on the land prior to the donation.

B.	Railroad Company Permanent Easements

The acquisition of easement of property owned by a railroad company is provided by an Agent of the Bridge Division. The Bridge Division Agent provides the railroad company with a cover letter stating the location and number of acres involved in requesting their signature on the Permanent Easement.  Attached to the letter are three (3) ROW Acquisition Maps, three
(3) construction sheets, three (3) cross sections showing the subject property and the railroad, the FMVO, and three (3) Permanent Easements.
The Bridge Division Agent contacts the Railroad to ensure that they sign and return the Permanent Easement.

In most instances, the Permanent Easement is not obtained until the construction agreement is executed. The construction agreement involves the railroad, Bridge Division, and Roadway Design. After the Bridge Division Agent receives the executed Permanent Easement from the Railroad, they submit a pay package to the Acquisition Section for processing through regular channels.

7.	Acquisition Issue Resolution Procedures

a.	Addressing Property Owner Concerns
ROW Agents respond to property owner questions promptly. If the Agent cannot answer the property owner’s question, the Agent raises the question with appropriate agency personnel. The Agent documents all questions in the Contact Report. The agent assures the property owner that their question will be answered promptly and specifies an approximate timeframe

for a response. Agents ensure that property owner questions are fully addressed. Outstanding property owner concerns or questions may prevent or delay property acquisition. The property owner must be given the opportunity to present evidence, including but not limited to, comparable sales data and appraisals that are contrary to the amount of reimbursement of expenses related to transfer of title or litigation, the amount of the FMVO, or other considerations.

b.	Irrigation System Concerns
Irrigation systems on cropland properties may be affected by construction projects. The farmer and/or property owner determines the effects of construction on the irrigated land, well, and/or pivot system. The Acquisition Agent, at the property owner’s request can request a survey through the District Coordinator and a center pivot radius to determine the construction project’s effect on the irrigated land, well, or pivot system. The survey and center pivot radius determine whether the project will negatively affect the crop and, if so, the amount of acreage and irrigation area that will be affected. Upon making the survey request, the Review Appraiser is notified as any irrigated crop land vs. non crop land could require an appraisal update.

If the well-head for the irrigation system is within the acquisition area, then the system is appraised and acquired via cost to cure. Upon acquisition of a well-head, the Acquisition Section notifies the Property Management personnel. The Property Management personnel are responsible for closing the well, as necessary. If the well-head is not within the acquisition area, then the irrigation system may be relocated and the Appraiser notifies the Relocation Agent.

c.	Exchange for “Consideration” Concerns
In some cases, a property owner may refuse to sign the deed(s) because it states they have received ‘consideration’ (i.e., payment), when in fact payment is made only after all deeds to the parcel have been recorded. In these cases, the Acquisition Agent must obtain approval from the District Coordinator to request that the property owner submit a copy of the signed deed and enable the property owner or their legal representative to retain the original deed until the payment is received.

d.	Construction and Survey Issues and Concerns
If construction and survey issues or concerns are raised by the property owner, the ROW Agent may go to the District Coordinator to request that a District staff person meet with the Acquisition Agent and the property owner at the property to explain construction or survey issues and answer questions.

 e.            Ramp Change Requests
If a property owner requests a ramp change, the Acquisition Agent contacts the District Coordinator about the requested ramp change. The District Coordinator discusses the ramp change with the Project Engineer.  Roadway Design and the Project Engineer together make a decision regarding the ramp change. The District Coordinator provides this decision to the Acquisition Agent and copies the Project Engineer. For the change to be finalized, Roadway Design Division provides the ROW Division with an official design change. The decision notes the location of the ramp identified by file number and station number. Based on the final Roadway Design Division plan revision, the Acquisition Agent provides the landowner a copy of the revised ROW Acquisition map which reflects the change.

f.          Property Owner Acquisition Review Request
The property owner, or other interested party, may request a review of the amount of   reimbursement of expenses related to transfer of title or litigation, the amount of the FMVO, or other considerations. Each review process is described below.

A.	Title Transfer and/or Litigation Expenses

The owner of the real property may be reimbursed for all reasonable expenses the property owner necessarily incurred for:12
These fees are approved by the District Coordinator prior to committal. Whenever feasible, the agency pays these costs directly so that the owner does not have to pay such costs and then seek reimbursement from the agency.

1.	Recording fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal descriptions of the real property, and similar expenses incidental to conveying the real property to the agency. However, the agency is not required to pay costs solely required to perfect the owner's title to the real property; and
2.	Penalty costs and other charges for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property; and
3.	The pro rata portion of any prepaid real property taxes which are allocable to the period after the agency obtains title to the property or effective possession of it, whichever is earlier.

The owner of the real property also is reimbursed for any reasonable expenses, including reasonable attorney, appraisal, and engineering fees, which the owner incurred because of a condemnation proceeding, if:13
1.	Final judgment of the court is that the agency cannot acquire the real property by condemnation; or
2.	Condemnation proceeding is abandoned by the agency other than under an agreed-upon settlement; or
3.	Court having jurisdiction renders a judgment in favor of the owner in an inverse condemnation proceeding or the agency effects a settlement of such proceeding.

B.	Fair Market Value
When property owners dispute the FMVO monetary amount, the Acquisition Agent asks the property owner why they think the property is worth more. If appropriate, the Acquisition Agent submits this information to the District Coordinator who forwards it to the Review Appraiser for consideration. The Review Appraiser provides the District Coordinator with a determination of whether the appeal is valid. If the appeal is valid, the appraisal may be revised and a copy of the revised appraisal is sent to Acquisition Agent. The property owner must be given the opportunity to present evidence that is contrary to the amount of reimbursement of expenses related to transfer of title or litigation, the amount of the FMVO, or other considerations.

If a property owner provides a privately obtained appraisal to the Acquisition Agent for consideration, the Acquisition Agent takes the following actions:

1.	Sends privately obtained appraisal via memorandum to the District Coordinator
2.	District Coordinator forwards the appraisal to the Review Appraiser for review and comment.

3.	Does not make copies of the privately obtained appraisal, this is a proprietary document.
4.	When the appraisal is returned from the Review Appraiser, the Acquisition Agent returns the private appraisal to the property owner in person and in original condition
5.	Provides the property owner with a verbal explanation of MDOT’s findings and status of the decision.

After the FMVO is presented to the property owner, Agency’s Appraisers (assigned to the project or otherwise) do not discuss the appraisal or the appraisal process with the property owner. Acquisition Agents contact only Review Appraisers or the District Coordinator to convey property owner requests or concerns concerning appraisals. It is preferred that the Acquisition Agent discuss appraisal issues with the Review Appraiser rather than the Appraiser.

C.	Administrative Adjustment Request14
Administrative adjustments are used as an alternative to judicial resolution of a difference of opinion on the value of a property or the terms and conditions of the acquisition process or highway design to avoid unnecessary litigation and congestion in the courts.15 All administrative adjustments are associated with a unique property feature and justified.

In some instances, the property owner may submit appraisal or sales data for consideration. The Acquisition Agent forwards this to the District Coordinator who forwards to the Review Appraiser, who may or may not make any adjustments to the FMVO.

An Acquisition Agent may not make an offer in excess of the FMVO based on an administrative adjustment unless specifically authorized by the District Coordinator. The following is the process by which an administrative adjustment may be made:

1.	Following the failure of reasonable efforts to come to an agreement with the property owner, the Acquisition Agent prepares for the District Coordinator an Administrative Adjustment Form presenting the property owner’s compensation or acquisition issue. [See Acquisition Forms Index]
2.	The landowner must present written substantiation for the amount compensation they are seeking in order to justify any adjustment.
3.	District Coordinator, after consulting with the DOT Manager, may authorize approval of an administrative adjustment if the settlement is reasonable, prudent, and in the public interest.
4.	Upon approval or denial, the Acquisition Agent is notified.
5.	The approval or denial of the administrative adjustment is documented in the contact record. The Acquisition Agent then contacts property owner and obtains execution of the instruments.
6.	The administrative adjustment is documented on the Invoice.
7.	Administrative adjustment amounts are not added to an FMVO. The FMVO matches the appraisal amount and the invoice matches the deed amount.

D.	ROW Consideration Request
In some cases, the agency agrees to a right of way consideration, such as a driveway or frontage road access to finalize the acquisition. An agreement for such a consideration between the property owner and the agency must be documented in writing.

In the case of most driveways or ramps, if the Acquisition Agent is informed by the property owner that such a consideration would enable finalization of the acquisition; the Acquisition Agent takes the property owner’s request directly to the District Coordinator

and the Project Engineer. The District Coordinator then obtains the approval of the Project Engineer and the District Engineer, documents the agreement, and conveys the terms of the agreement to the property owner in coordination with the Acquisition Agent.

8.	Acquisition Acceptance and Closing
For additional property closing procedures and detail, please refer to the Property Closing Chapter of the Right of Way Operations Manual.

8.1	Acceptance of FMVO or Waiver Valuation
When the property owner accepts the FMVO or Waiver Valuation, the Acquisition Agent conducts the following activities with the property owner:

•	Ask if name on the deed(s) is exactly correct.
•	Ask for correct address to enter on the deed(s) and Internal Revenue Service W-9 Form(s).
•	Request to see each property owner’s social security number identification.
•	If future address is not yet known, or available, remind the property owner to establish forwarding address at the US Postal Service when the future address is known.
•	Execute and properly notarize the deed(s)
o	Where it is advantageous to the property owner, suggest that a witness be present for deed execution.
o	If property ownership includes any life estate interests, the deed(s) requires signatures of all parties who have an interest to convey the property.
o	If the property owners have homestead rights, both partners must sign the deed(s).
A Power of Attorney signature is not acceptable on homestead property.
•	If there are multiple property owners, and the property owners request separate checks, separate checks can be issued. An Internal Revenue Service W-9 form and invoice are created for each property owner.
•	If there are multiple property owners listed on one check, the Acquisition Agent must obtain an IRS W-9 Form from one of the named property owners. That person will receive the IRS W-9 Form unless the property owners request to have multiple checks issued. If possible, the Internal Revenue Service W-9 Form should have the same address as the address on the deed. If this is not possible, the Internal Revenue Service W-9 Form must indicate the address where the payment is to be made. The address on the invoice must match the address on the Internal Revenue Service W-9 Form. Ask the property owner to sign and date the Internal Revenue Service W-9 Form.
•	Direct property owner(s) to cash payment checks as soon as possible, but not later than 365 days.

8.2	Signature Requirements for Instruments
The following requirements must be adhered to when obtaining signatures on instruments:
•	If the individual has signed the instrument using a name that is not exactly the same as the name typed on the instrument, add an “also known as (AKA)” signature. The notary references the “also known as (AKA)” signature also.
•	When using a corporate or representative notary acknowledgement, where more than one person signs the instrument (such as for a company, institution, etc.), the Acquisition Agent adds more pages to the instrument to enable the notary to notarize each person’s signature.
•	

•	When the Acquisition Agent acts as a subscribing witness, the Acquisition Agent requests that all property owners observe the Acquisition Agent sign as the witness to their signature. The Acquisition Agent signs as a witness in their presence, immediately after the property owner signs. If the Acquisition Agent is acting as a subscribing witness, stamp “Witness” beside the Acquisition Agent’s signature on the deed.
•	Persons signing as a representative of a company, institution, etc. add their title below their signature.
•	For a property owner who cannot write, the Acquisition Agent:
•	Requests that two (2) unaffected witnesses attend the meeting.
•	Instructs the property owner to touch (tot) the pen and make their mark. The property owner may make an “X” or other mark.
•	For a signer by mark, the notary and two (2) witnesses unaffected by the document observe the affixation of the mark, both witnesses sign their own names beside the mark, and the notary writes below the mark: “mark affixed by (name of signer by mark) in presence of (names and addresses of two (2) witnesses) and undersigned notary; or
•	For a person physically unable to sign or make a mark, the person directs the notary to sign on his or her behalf in the presence of the person and two (2) witnesses unaffected by the document, both witnesses sign their own names beside the signature, and the notary writes below the signature: “Signature affixed by notary in presence of (names and addresses of person and two (2) witnesses).

8.3	Acquisition Agent Closing Procedures
Upon the property owner’s acceptance of the FMVO, the Acquisition Agent completes the acquisition closing procedures listed below:
1.	Finalize the Contact Report
2.	Complete the Acquisition Closing Statement3. Invoice to the Closing Attorney handling the file
3.	Draft an invoice to the closing attorney assigned to the file
4.	Update Parcel Tracking to reflect the Pay Package Submitted date.
5.	Forward the closing file and all related documents to the ROW Operations Administrator Assistant who performs a cursory review of the file. In order to comply with the FMS accounting system an invoice from the Closing Attorney is required. The ROW Operations Administrator Assistant forwards the acquisition invoices for the interests acquired to the Closing Attorney who prepares and returns an invoice to the ROW Operations Administrator Assistant for the Acquisition funds. The pay package (closing document(s)) is taken to the Acquisition Section Administrative Assistant who scans the pay package to the PTS parcel file room. The Closing Agent invoice is used to processes the acquisition invoices for payment by FMS. The file is then taken to the Title Section. See Title Section ROM for closing procedures. The closing file includes lien holder names, property owner name(s), Resolution and Order or minutes of corporation or non- profits, all signed instruments, notaries, signatures, and a draft Invoice. The Acquisition Agent attaches the Property Closing Checklist to the closing file. The Property Closing Checklist includes the following items.
•	Name and address on the deed match the name and address on the invoice. Check home and business telephone numbers.
•	Check the Tax Identification Number on the Internal Revenue Service W-9 form against the invoice.
•	Dollar amount on the deed equals the dollar amount on the invoice.
•	Deed acreage equals invoice acreage.
•	

•	Check the notary and seal for spelling of names, dates, etc.
•	Compare names on the deed to ownership on abstract. Include proper documentation, if there are differences; such as heir ship forms, wills, trusts, life estates, etc.
•	Check abstract for mortgages. List mortgages on the invoice if they apply or supply documentation if they are cancelled, released, satisfied, etc.
•	List all liens, judgments, or lis-pendens on the invoice or send proof of payment.
•	Check for unpaid taxes: (county, city, school, etc.). Unpaid taxes need to be listed on the invoice.
•	Check potentially contaminated sites list. If the property is listed, contact the Property Management Section before acquiring and get the status of the parcel.
•	Check deed clauses; proof and ensure that they are initialed.  Note any administrative adjustment amount and the date it was approved.
6.	The Relocation Section will receive notification from the Parcel Tracking System the property has been acquired or condemned.

9.	Condemnation
Additional Information on Condemnation proceedings can be found in the Legal SOP and Legal Chapter of this Right of Way Operations Manual.

9.1	Identification of Parcels for Condemnation
Acquisition Agents may identify parcels that the agency normally acquires through eminent domain. Some common reasons for eminent domain filing are listed here:

1.	Property owner is a state legislator. Prevents any appearance of a conflict of interest. The property owner is provided an FMVO and notified that the acquisition is going directly to condemnation.
2.	Title issues
3.	Property owner declines to sign the deed
4.	Property owner opposition to language in the deed or easement

Acquisition Agents send the property owner a final notice before recommending the parcel for condemnation. [See Acquisition Forms Index]

9.2	Recommendation for Condemnation
If a potential condemnation is identified, the Acquisition Agent creates a Recommendation for Condemnation File. The Recommendation for Condemnation File includes the following items and is provided to the ROW Operations Administrator for review.

•	Signed Recommendation for Condemnation Form;
•	Copy of Agent’s FMVO;
•	Contact Report completed and signed;
•	W-9 Form (Acquisition Agent should make a good faith effort to get the W-9 signed and completed by the property owner. If the property owner refuses to sign W-9 Form, the Acquisition Agent will leave the form with the property owner and note this on the Contact Report and Invoice;
•	Physical addresses (not a post office box) of out-of-state owners of property being condemned, including lessors, renters, and easement holders; and
•	Physical addresses (not a post office box) of in-state owners of property being condemned, including lessors, renters, and easement holders.

Upon receipt of a Recommendation for Condemnation File, the ROW   Operations Administrator reviews all documentation associated with the parcel.  The ROW Operations

Administrator may request another acquisition attempt, request additional information, or approve the Recommendation for Condemnation.  If the Recommendation for Condemnation is approved, the Acquisition Section Administrative Assistant scans the Recommendation for Condemnation into the PTS parcel file room and enters the Recommended Date for Condemnation date into PTS and forwards the file to the Legal Section.

When the Recommendation for Condemnation package is submitted to the ROW Operations Administrator, the Acquisition Agent conducts the following activities:

•	Informs the Relocation Section of the date the Recommendation for Condemnation package and Form was submitted (if parcels involving relocation are condemned).
•	Discontinues seeking Partial Release of Mortgage(s) and deeds.

•	Prior to submitting a recommendation for condemnation, the ROW Agent notifies the property owner of the submittal of the recommendation for condemnation on the parcel and that the agency may proceed immediately to seek to acquire the property through eminent domain proceedings.

•	Discontinues contact with the property owner(s) and their designated attorneys or representatives once the file is sent to the attorney. If contacted by the property owner(s), or their designated representatives, the Acquisition Agent should contact the Acquisition Officer or the Legal Section to determine the status of the Eminent Domain proceedings. If the file has not been sent to the attorney, the Acquisition Agent may discuss any issues of the landowners including possible acquisition of the parcel.

10.	Ongoing Acquisition Procedures

10.1	Acquisition Status Report
The Acquisition personnel prepares a weekly Acquisition Status Report [see Acquisition Forms Index - Acquisition Status Report] for each project, listing all parcels and their status. In the Acquisition Status Report, the following information is provided:

1.	Number of Files on the project (Note: one File may include several instruments, i.e., W- Deed, Q-Deed, Permanent Easement, Temporary Easement, G-Deed, X-Deed, and Partial Release of Mortgage).
2.	Number of Files “in negotiation” (Acquisition Agents have received funding, abstracts, all known instruments, reviewed appraisals, and environmental clearances).
3.	Number of Files “acquired” (Acquisition Agents have received and submitted all executed instruments to the Acquisition Officer).
4.	Number of Files “condemned” (Acquisition Agent has submitted a Recommendation for Condemnation package to Acquisition Officer).
5.	Number of appraisals needed (difference between total Files and Files “in negotiation,” “acquired,” and “condemned”).

The Acquisition Status Report only states that the Acquisition Agent has mailed or delivered these documents to the Acquisition Officer. The Acquisition Status Report does not report or guarantee that the Acquisition personnel or Title personnel have received, accepted, rejected, and/or processed the documents. The Acquisition Status Report is not a conclusive report that all instruments required by the agency to acquire complete Title to the subject land have actually been received, accepted, processed, recorded, paid, and archived by the agency.

10.2	Contact Report
Each Acquisition Agent maintains a Contact Report for each parcel they are acquiring. The Contact Report typically is used only by the Acquisition Agent, but can be used by any agency employee or representative that has contact with a property owner. The Contact Report documents interactions and conversations with the property owner, but is not a verbatim record of events. After each contact with the property owner, the Acquisition Agent records the following information in the Contact Report.

•	Confirmation of the names and addresses of all property owners and lien holders (initial contact),
•	Date and place of contact,
•	Persons present,
•	FMVO(s) provided,
•	Any counter offers, issues, concerns, problems,
•	Reasons property owner would not sign deed (if property owner will not sign the deed),
•	Recommendation for resolving issues or condemnation, and all other pertinent data.

All correspondence between the Acquisition Agent, the property owner(s), and lien/mortgage holders is attached to the Contact Report. The Contact Report is signed and dated by the Acquisition Agent.

10.3	Guidelines for Terminology
In all contact with property owners or their designated representatives, agency personnel avoid use of the terms “offer,” “negotiate,” or “take” in both conversation and in writing.

10.4	Property Owner Seeks Higher Authority than Agent
If the property owner or designated representative demands to speak with a higher authority, the Acquisition Agent refers the property owner to the Acquisition Officer.

10.5	Environmental Concerns
Agency personnel, including all ROW Agents, immediately report any potentially contaminated sites or other environmentally sensitive areas to the Environmental Coordinator.

10.6	Staking Requests
The District Coordinator is responsible for requesting that the Project Engineer stake the project to clarify ROW boundaries. If the property owner requests staking the Acquisition Agent submits the request to the District Coordinator. If the District Coordinator is not available that day, submit the request to the Project Engineers Office and send a copy of the request to the District Coordinator. ROW Agents do not rely on concrete markers for determining ROW boundaries. ROW Agents refer all ROW staking, construction limit, and access questions to the District Coordinator who works with the Project Engineer to respond to such questions.

10.7	Title Update
The condition of the title may change between the time the initial abstract was completed and the time of the acquisition. The Acquisition Agent, upon becoming aware of any change in title, immediately notifies the District Coordinator, who requests that Title section confirm such changes and obtain an updated title. An updated title must be obtained prior to submitting an invoice to pay for the property specified in the executed instrument.

 11.0    Early Acquisition Options and Requirements (23 CFR 710.501)

Under certain circumstances, MDOT may create an Early Acquisition Project to acquire real property interests for a Transportation Project before the completion of project approval and environmental document.  The funding options for an early acquisition project are:

1.	State-funded early Acquisition without Federal Credit or Reimbursement 
23 CFR 710.510(b) 23 USC 108(c)(1)
•	Does not require NEPA Decision
•	Does not allow 4F Properties if the State wishes to maintain Federal eligibility for future Federal assistance on any part of the transportation project
•	Acquisition will start when legally permissible by State law
•	No request for reimbursement/credits
•	Must comply with Federal Law if the project maintains federal eligibility
•	Subject to condemnation if State Law allows

Requirements: 
An agency may carry out early acquisition entirely at its expense. However, to maintain eligibility for future Federal assistance on the project, the early acquisition must comply with the requirements in 23 CFR 710.501 (c) (1) -(5):

•	Property lawfully obtained by the State agency
•	Not 4F property
•	Acquisitions and relocations comply with the Uniform Act
•	State agency complies with Title VI of the Civil Rights Act
•	FHWA concurs with the State that the Early Acquisition did not influence the NEPA decision for the proposed project including:
o	The need to construct
o	The consideration of alternatives, or
o	The selection of design or location

2.	State-funded Early Acquisition Eligible for Future Credit 23 CFR 710.501(c)

•	Does not require NEPA Decision
•	Does not allow 4F Properties 
•	Acquisition will start when legally permissible by State law
•	Request credit for the portion of the property after incorporated in the Federal-aid project
•	Must comply with Federal Law
•	Subject to condemnation if State Law allows

The requirements are the same as listed in 11.0.01 above but also include:
•	Property is incorporated in the project to which the credit will be applied; and
•	The amount of the credit may be current fair market value or historic acquisition cost to acquire; however, this credit must be applied consistently within the project 
23 U.S.C. 323(b)(2)

3.	State-funded Early Acquisition Eligible for Future Reimbursement 
23 CFR 710.501(d) 23 USC 108(c)

•	Does not require NEPA Decision
•	Does not allow 4F Properties 
•	Acquisition will start when legally permissible by State law
•	Request for reimbursements/credits can be made after NEPA is completed and real property interests are incorporated in a Title 23 project and all applicable requirements are met.

•	Must comply with Federal Law
•	Subject to condemnation if State Law allows

The requirements are the same as listed in 11.0.01 above but also include:
•	State has a mandatory, comprehensive, and coordinated land use, environmental, and transportation planning process under State law, and the Governor has determined in advance that the acquisition is consistent with the State transportation planning process;
•	The state selects the alternative for which the real property interest is acquired pursuant to NEPA;
•	Prior to approval for Federal participation, NEPA is completed; and
•	Reimbursement is based on the usual costs to acquire-23 CFR 710.203(b)(1).

4.	Federally-funded Early Acquisition (Stand-alone project) 23 CFR 710.501(e) 23 USC 108(d)

•	NEPA decision is required for the early acquisition stand-alone project only. (Separate from NEPA for the transportation project. (usually a CE).
•	Does not allow 4F Properties.
•	Start acquisition after NEPA is complete for the Early Acquisition Project.
•	This is a reimbursable, stand-alone, Federal-aid Project based on FHWA authorization to proceed with acquisition.
•	Must comply with Federal Law
•	Is not subjected to condemnation

State certifies and FHWA concurs that the following requirements have been met:
•	State has authority to acquire under State law;
•	Is for a Title 23 eligible transportation project and does not involve 4F properties;
•	Will not cause significant adverse environmental impacts as a result of the EA project or from cumulative effects of multiple EA projects;
•	Will not limit the choice or otherwise influence the NEPA decision of FHWA;
•	Will not prevent the lead agency from making an impartial decision as to alternatives;
•	Is consistent with the State transportation planning process under 23 U.S.C. 135;
•	Complies with other applicable Federal laws (including regulations);
•	Will be acquired through negotiation, without the threat or use of condemnation.
•	Will not reduce or eliminate relocation benefits under the Uniform Act and Title VI of the Civil Rights Act;
•	The Early Acquisition project is in the Transportation Improvement Plan; and
•	NEPA for the Early Acquisition project is complete and approved by FHWA.
•	Real property interests acquired cannot be developed in anticipation of the transportation project until a NEPA decision for that transportation project has been completed. No development activity related to demolition, site preparation, or construction that is not necessary to protect health or safety may be undertaken.
•	If reimbursement is made and the real property interests are not incorporated in a project within 20 years, FHWA must offset the amount against Federal-aid funds apportioned to the State.
•	Eligibility for Relocation Assistance-a person is considered displaced when required to move from the real property as a direct result of a binding written agreement for the purchase of the real property interest. Options to purchase and similar agreements do not create an immediate commitment or eligibility.

Note: The “Option” to purchase the property at a later date allows the property to remain occupied limiting the risk of blight in the neighborhood due to vacant buildings.

Acquisition Chapter Attachments

Pre-Approved Deed Clauses

1.	Ingress-Egress Clauses:
Ingress-Egress Clause. “This conveyance includes all improvements, if any, located on the above described land and partially on Grantor’s remaining land. The Grantee herein, it Agents, and/or Assigns are hereby granted the right if Ingress and Egress on Grantors remaining land for removing or demolishing any improvements. The consideration herein named is in full payment of all said improvements.”

Alternative Ingress-Egress Clause. “This conveyance and the consideration named herein include all improvements located on the above-described land and any improvements which are located and situated in such a manner so as to rest and lie upon both the above described property and the remaining real property of the Grantor(s). The Grantee herein, its agents and/or assigns are hereby granted the right of ingress and egress on the remaining property of the Grantor(s) for the limited purpose of removing or demolishing those improvements which are located and situated in such a manner so as to rest and lie upon both the above described property and the remaining real property of the Grantor(s). This right of ingress and egress does not extend to any improvements, which are located entirely upon the remaining property of the Grantor(s). The consideration named herein is in full payment of all said improvements.

Alternative Ingress-Egress Clause. This is a special ingress/egress clause in case of Drainage District approved by the MDOT ROW Title Section.
“The Grantee herein reserves the right of ingress and egress on the above described land for the purpose of clearing debris, dredging and maintenance of (example Hickahala Creek).”

2.	Minerals Clause. “This conveyance is less and except all oil, gas and other minerals which may be produced through a well bore in accordance with Section 11-27-85 of the Mississippi Code.”

3.	Keep Fences Clause. “The Grantor reserves the right to remove any and all fences from the above described land on or before	, or said fences become the property of the Mississippi Department of Transportation.”

4.	Keep Timber Clause. “There is reserved unto the Grantor(s) hereof the right to cut and remove all merchantable timber located on the lands hereby conveyed, provided such removal is made on or before
 	_. After said date all timber rights and interests, present or future, become vested in the Mississippi Department of Transportation.”

5.	Damage Clause. “It is further understood and agreed that the consideration herein named is in full payment and settlement of any and all damage and compensation which would be allowable under a decree were it rendered by the Court and jury in an Eminent Domain proceeding under the provision of the applicable laws and statutes of the State of Mississippi.”

6.	Donations Clause. Should a property owner wish to donate real property, the donations clause will either be inserted in the deed or incorporated into a separate notarized agreement. It will be necessary to obtain mortgage and/or other normal required releases. A property owner may donate without waiving the right to an appraisal.

“I/We fully understand that we have the right to receive just compensation for the real property herein described based on an appraisal of said property. I/We hereby waive our right to just compensation and donate the real property herein described to the Mississippi Transportation Commission. I/We further understand that we have the right to request that a fair market value appraisal of the property be made and we hereby waive that right.”

7.	Assignment Clause.   “The above Deed of Trust was assigned to _	_	_, on
 	, in Deed Record Book	, Page	, Chancery Clerk’s Office of
 	County, Mississippi.

8.	Heirship Clauses:

Heirship Clause 1: Should be used when all heirs sign the same deed.
“The parties hereto acknowledge that they are the sole surviving heir(s) at law of	_, deceased.”

Heirship Clause 2: To be used when the heirs do not all sign the same deed.
” Grantor herein acknowledges that he/she is one of      surviving heirs at law of			, deceased,	said	heirs	being	_	_,		,	_	_,	and
 	.   By this instrument	is conveying all his/her right, title and interest in and to the above described property.”

9.	Undivided Interest Clause.  “This conveyance is of and for the Grantor(s) undivided interest in and to the above described property.”

10.	Disbursement Clause. “Each Grantor hereof authorizes and directs the Grantee to pay all of the above named consideration to	_, and	’s receipt thereof shall be the same as if receipted for by the Grantor(s) hereof.”

11.	Ramp/Driveway Clause.  As a further consideration, Grantee agrees to construct a ramp, driveway, or skirt at or about Station	.

12.	Total Take Clause.  This is a total take clause and should be used when the whole piece of property is being bought. This should be typed at the end of the deed.
“It is the intention of this instrument to convey all of that certain parcel of land as recorded in Deed Book
 	 at Page _	_ in the Chancery Clerk’s Office of	_ County, Mississippi.

13.	Crop Clauses
“It is understood and agreed between the parties hereto that the consideration herein named does include damage for destruction of growing crops located on the lands herby conveyed.”

“It is understood and agreed between the parties hereto that the farming operations on said lands is under a Lease Agreement and that no part of the consideration set out above is intended to cover crop damages to the tenant. Should there be any damages to the growing crops, a separate instrument must be taken from the tenant.”

“The Grantors reserve the right to harvest the growing crops on above described land and agree to remove said crops on or before (Date).”

14.	Mobile Home Clause.  “Grantor warrants to grantee mobile home: Make	_, Model _   _, and serial number	__.”
1.	

B.	Endnotes

1 49 CFR 24.102(n) appendix
2 49 CFR 24.102(f)
3 49 CFR 24.102(a)
4 49 CFR 24.102(h)
5 49 CFR 24.106
6 49 CFR 24.102(g)
7 49 CFR 24.102(g)
8 49 CFR 24.102(k)
9 49 CFR 24.102(e)
10 Mississippi Code of 1972 § 89-1-21
11 Whitworth v. Mississippi State Highway Commission, 33 So.2d 612
12 49 CFR 24.106
13 49 CFR 24.107
14 49 CFR 24.102(i)
15 49 CFR 24.102(i), appendix