Right-of-Way Information

This page provides reference materials for property owners wishing to learn more about CDOT right-of-way policies and procedures.

Except in rare exceptions, the following major steps are required before right-of-way negotiations may begin:

A)    A decision document approving the preferred alternative is executed by FHWA. This occurred with the publication of the Finding of No Significant Impact in March 2010. An electronic version of the document can be reviewed on the Environmental Assessment & Finding of No Significant Impact page of this website.

B)    Funding for right-of-way acquisition must be obtained. Currently, partial funding for right-of-way acquisition has been secured. CDOT plans to use this funding to acquire some properties that will be total acquisitions.

The acquisition of any property will comply with state and federal requirements, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (referred to as the Uniform Act). The Uniform Act is a federally mandated program that applies to all acquisitions of real property or displacements of persons resulting from federal or federally assisted programs or projects. It was created to provide for and ensure the fair and equitable treatment of all such persons.

Additionally, the Fifth Amendment of the U.S. Constitution provides that private property may not be acquired for a public use without payment of “just compensation.” All impacted owners will be provided notification of CDOT’s intent to acquire an interest in their property, including a written offer letter of just compensation specifically describing those property interests.

In certain situations, it may be necessary to acquire improvements that are located within a proposed acquisition parcel. In those instances where the improvements are occupied, it becomes necessary to “relocate” those individuals from the acquired property (residential or business) to a replacement site. The Uniform Act provides for benefits to these individuals to assist them both financially and with advisory services related to relocating their residence or business operation.

Any person scheduled to be displaced shall be furnished with a general written description of CDOT’s relocation program that provides information related to eligibility requirements, advisory services and assistance, payments, and the appeal process. CDOT will also provide notification that the displaced person(s) will not be required to move without at least 90 days advance written notice. For residential relocatees, this notice cannot be provided until a written offer to acquire the subject property has been presented, and at least one comparable replacement dwelling has been made available.

The links provided below provide more information on potential property impacts, CDOT’s right-of-way policies, the Uniform Act, and property access guidelines.

Potential Property Impacts

In June 2008, property owners who may be affected by the preferred alternative were mailed a project atlas and an invitation to contact project staff to discuss potential property impacts. The Project Atlas illustrates the preliminary design and conceptual construction limits of the preferred alternative.

Right-of-Way Policies

CDOT Right-of-Way Manual
Items in the Right-of-Way Manual of specific interest to property owners may include the following:

Appraisals, Chapter 3
Acquisition procedures, Chapter 4
Relocation procedures, Chapter 5
CDOT procedures for managing and disposing of real property, Chapter 7, Section 7.3.7

Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act)

Uniform Act Frequently Asked Questions (FAQs)

FHWA information regarding the acquisition of real property for Federal and Federal-aid programs and projects

FHWA information regarding your rights and benefits as a displaced person under the Federal Relocation Assistance Program

Colorado Revised Statues (C.R.S.) 43-1-210 governing acquisition and disposal of real property. Sections 5(a)(I) through 5(a)(V) explain the process CDOT must follow to dispose of excess property, such as uneconomic remnants.

Access Policies

The State of Colorado State Highway Access Code provides guidelines for the regulation of access between private properties and public roads. Items in the Access Code of specific interest to property owners may include Section 4: Design Standards and Specifications – Sight Distance, Access Spacing, and Access Width, on pages 47 through 51.