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Right of Way
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The acquisition program is responsible for acquiring property needed by the department to
construct or improve transportation facilities. Soon after owners are identified and appraisals
are prepared, negotiations will begin. Negotiations for the purchase of private property are
conducted in strict compliance with both federal and state law. Property owners will be notified
of their rights prior to or at the time the department delivers its offer to purchase. The amount
of the offer will not be less than the department's estimate of the value of the property being acquired.
Owners are guaranteed no less than 30 days from the time the offer is made to consider the offer before
an eminent domain suit will be filed. The department will pay the owner's reasonable cost for an
attorney to represent them during negotiations and for appraisal and other experts necessary
to establish the value of their property. If an agreement is reached, department acquisition staff
will coordinate or conduct the real estate closing. The department will pay all closing costs associated
with the title transfer.
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