Thursday, March 2, 2017
High Speed Rail Private Property Purchase Right of Way Process
The Cal High Speed Rail has a process regarding how they will buy private property for the planned rail line. Once they target property within their proposed path or alternate path then they begin a property evaluation process. They will put together a design and survey to start the process to prepare a boundary survey with a legal description and appraisal maps. Once this is done they will begin the appraisal, but only after the approval of the approved and alternate routes. Then they will meet with the private property owner and do an appraisal inspection. A surveyor may stake the area and the evaluation may include mitigation to re-establish remainder. Once this is complete they will do an appraisal review with a final approval process. Then an acquisition process begins but after the Notice of Determination (NOD) and (ROD) Record of decision is made. The negotiation initiation is made with the property owner. They may consider new information at this time, and then the final approval process will start. If there is an established farm, home, or business in the path then a relocation process may commence with a 90 day notice. The farm, home or business may get moving expenses paid, or other benefits. If a business can show a loss of business goodwill then that business can file a claim, but they will have to show a burden of proof. This may include tax returns, or other evidence showing income loss due to relocation if applicable. This is all part of their right of way process. If you believe your business or private property is within the path then you should maintain your records of business if you wish to make a claim for a higher value, or a business loss.