For the Texas Department of Transportation (TxDOT), accurately predicting durations for right-of-way (R/W) acquisition and utility adjustment on highway projects has been deemed as one of the most important capabilities that regional districts should possess. Because this need is so pressing, TxDOT has sought to establish an effective methodology for predicting the durations of these two pre-construction processes. The “Right-of-Way Acquisition and Utility Adjustment Process Duration Information (RUDI) tool” was developed, which is an Excel-based tool that takes into consideration user inputs regarding project circumstances such as schedule urgency and levels of uncertainty. In this study, the accuracy of RUDI and the key drivers that affect the durations of R/W acquisition and utility adjustment have been examined in order to assess RUDI’s effectiveness in implementation on projects, to identify critical needs for enhancing RUDI, and to understand how practitioners can better predict durations needed for R/W acquisition and utility adjustment. RUDI proved useful in predicting durations with better accuracy in spite of limited data availability. Specifically, RUDI provided practitioners with reasonable duration ranges that can be used in better forecasting the durations of utility adjustment. Moreover, the study revealed that practitioners with more than 13 years of experience and R/W acquisition specialization showed better performance in estimating durations for R/W acquisition. Accurately estimated durations for utility adjustment were mostly provided by practitioners working at districts located in urban or metropolitan areas in Texas. The drivers identified significantly influential in predicting durations for R/W acquisition by the practitioners include “TxDOT Project Type,” “District R/W Annual Budget,” “Dedication of Funds to the Project,” “Funding Limitations for the Project,” “Level of Political Pressure,” “Need for Residential Relocation,” “Level of Local Availability of Replacement Housing Facilities,” and “Likelihood of Title Curative Actions,” “Status of Environmental Clearance,” “Status of Right-of-Way Map,” “Frequency of Eminent Domain,” “Right-of-Way and Utility Scope,” and “Number of Parcels for Acquisition.” Likewise, for estimating utility adjustment durations, the drivers deemed highly influential and important by the practitioners include “Dedication of Funds to the Project (R/W and Construction),” “Funding Limitations for the Project,” “Have Subsurface Utility Engineering (SUE) Investigations been Performed,” “Adjustment is Reimbursable Utility or Non-Reimbursable Utility,” “Status of Environmental Clearance,” “Status of Right-of-Way Map,” “Right-of-Way and Utility Scope,” “Number of Utilities Located in Private Easement,” and “Responsiveness of Utility Companies to TxDOT Needs.” These drivers should be considered key data points in RUDI because they can provide users with more duration ranges that can be useful in forecasting actual durations of R/W acquisition and utility adjustment on highway projects. The study also revealed that further research is needed to maximize the benefits of the RUDI tool, although validating the study’s findings was restricted due to a lack of data. Additional studies for improving the RUDI tool should focus both on collecting more recent data and reconstructing the tool in terms of function and structure. / text

The costs of acquiring parcels by condemnation are usually significantly higher than those for property acquired by negotiation, suggesting that Right-of-Way (R/W) acquisition costs may best be described by two different regression equations. This paper develops a switching regression model of acquisition cost to simultaneously predict the probability of whether a parcel will go to condemnation rather than be acquired via negotiation and the corresponding acquisition costs under these two regimes. The error terms of the selection equation and the two cost equations follow a trivariate normal distribution to reflect correlations across unobserved factors (such as a land owner's tenacity or a site's view value). When this model is calibrated using data on properties acquired across the state of Texas for transportation projects between 2008 and 2011, results suggest that R/W appraisers and staff should pay special attention to commercially used parcels in urban areas involving a partial taking with a relatively small remainder. Comparison of cost estimates between the two regimes (condemnation vs. negotiation) suggests that condemned parcels will have, on average, 78% higher acquisition costs across the 1,710 acquired properties and 51% greater price variation. These results suggest that it is much more costly to acquire a property and more difficult to accurately predict its costs if it cannot be acquired via negotiation. The application of model estimates to an example corridor highlights the value of simulation to capture all modeling uncertainties. This two-regime model is further extended to a three-category multinomial endogenous switching, allowing for differential cost estimates across negotiation-deed, administrative settlement, and condemnation contexts. A model of acquisition time -- from the agency's initial-offer date to its final possession date is also developed, to examine the effects of condemnation on acquisition duration. The results suggest that condemnation proceedings add approximately 7 to 8 months, on average, to parcel acquisitions by the Texas Department of Transportation. Taken together, such switching models for condemnation versus negotiated settlement highlight the benefits of avoiding condemnation proceedings in R/W acquisition. Estimation results illuminate the relative importance of various parcel and owner attributes, impacting the nature and cost of acquisition, and enhancing opportunities for R/W staff to identify more contentious properties and establish more reliable budget estimates. / text

Right-of-Way (R/W) acquisition is a critical function in the project development process (PDP). Improving this acquisition process requires both a good collaboration among the functions of the PDP and a good understanding of the factors affecting R/W acquisition. This research has two phases. Phase I aims at developing a systematic method for risk and scope management using scope elements that cover the work of all functions of the entire PDP. Phase II aims at studying the inherent factors that might have significant impact on the R/W acquisition schedule. As a result, the Advance Planning Risk Analysis (APRA) was successfully developed. It contains 59 scope elements with descriptions and a mechanism to assess the project’s level of definition. The APRA can provide a platform for project participants to cooperate and coordinate project activities and responsibilities. The method provides a high level approach to improving the effective of the PDP and its functions, including R/W acquisition. In studying the R/W acquisition inherent factors in phase II, the research was able to draw conclusions on the impact of the identified inherent factors on R/W acquisition durations based on statistical analyses. The research was also successful in developing a statistically significant model for predicting the total R/W acquisition duration, from R/W Release to Possession, using inherent factors. This research provides a number of significant contributions toward the better understanding and improvement of the PDP process in general and the R/W acquisition process in particular. Further research in this area and direction was recommended and believed to be promising, productive, and highly valuable. / text