Topic:
This article will discuss the Real Estate Acquisition Management Plan (RAMP) required by the Federal Transit Administration (FTA), the elements that should be addressed in a RAMP. A sample written RAMP is also provided at the end of the article.
Discussion:
A Real Estate Acquisition Management Plan is termed a "RAMP" by the Federal Transit Administration (FTA). It is a written document that details how a grantee (usually a local public agency) will administer the land acquisition program. The document is written by the local agency and must be approved by FTA before any acquisition work may begin. It must lay out in detail how the schedule will be accomplished and any anticipated issues that may arise during the process. If relocation is a probablility, it must also be discussed. The following "model" provides an extensive list of subjects that may be applicable to a RAMP document. If applicable, each must be developed and discussed in the document.
FTA requires a RAMP since many of its grant recipients only perform land acquisition work occasionally. With that in mind, FTA wanted to be assured that a planning process was in place for all real estate work. The RAMP is a demonstrable planning effort, and it is required of the local grant recipient even if they propose to use outside contractors to do the real estate work. The document can be prepared in house or by a consultant. The RAMP document can also have several versions, each more detailed as the project progresses. This is a function of the size of the project and requirements of the particular FTA region that has project oversight. However, it is routine to prepare at least two versions: an early preliminary (conceptual stage) RAMP, and a "final" based on engineering plans. The RAMP analysis and content is also an element in the FTA’s risk rating of a project.
A Model for the Development of a Real Estate Acquisition Management Plan
Introduction
- Short history of pertinent elements of project
- Control agreements; intergovernmental contracts, pending solicitations, etc
- Legal requirements; Uniform Act, various state laws, local requirements, etc.
- Geographical description of project
- Physical description of proposed acquisitions; number of parcels, total acquisitions, partial acquisitions, anticipated number of relocations; etc.
- General outline of acquisition process; and authority to condemn
Organizational Structure
- Identification of staff functions
- Identification of contractual functions
- Identification of plan source; process for plan changes, corrections, modifications as a result of negotiations, etc.
- Party who can establish offer of just compensation
- Party who can authorize initiation of condemnation action
Acquisition Schedule
- Set out the timeframe for acquisition and relocation; total length of time needed
- Date for initiation of negotiations for project
- Relationship of design to acquisition
- Identification of difficult situations and potential delays
- How will progress reporting be handled and who will receive this information
- Identification of a critical path for right of way
Real Estate Cost Estimate
- Background of estimate; when was it done; what was the basis of the estimate
- Need for any update of cost estimate
- How will estimate be compared to actual costs as project progresses
Acquisition Process
- Plans – who prepares, who can modify, what is process for considering property owner’s request to modify, etc
- Ownership and title information – how is this gathered, what is the contractual requirements, are those contracts in place, what is the process to update and correct errors and omissions
- Appraisal – who will prepare appraisals, what is the contracting requirements if necessary, what is the estimate duration of this task, how many copies of appraisals will be obtained, will appraisals be shared with property owners
- Appraisal Review process – who will do this task, what is the scope of the task in general, what is the turn around time for this work, will the review handle updates of appraisals, will review handle modification of appraisals based on owner claims, will review be used to support administrative settlements; FTA concurrence requirements
- Establishment of offer of Just Compensation – who does this, what is the basis of this offer
- Negotiations – who will negotiate, what is their authority, who must approve administrative settlements and other concessions to property owners, what is the documentation required of the negotiations process, who signs letter of offer, will negotiator also handle relocation payments, how is interface between negotiations and condemnation handled, what documents will negotiator be expected to provide to legal for settlement and condemnation, will negotiator be present at closing.
- Administrative settlements -- who will handle these, how do they originate, who prepares document, who can approve settlement; FTA concurrence requirements
- Closing / Escrows – who will provide this service, how will it function, what is the estimated length of time to deposit funds to escrow for closing, what documents will be necessary, how will closings be conducted, what form of deeds will be used, how will property taxes be paid and exempted
- Condemnation – who will authorize suits, who will file, what is relationship between grantee and its legal personnel, what authority does attorney have for settlement, what are progress reporting requirements; FTA concurrence requirements
Relocation Process
- Relocation -- how will the relocation function be staffed, who is authorized to compute payments, who will approve payments, what is the relocation process to be utilized in the project, what level of advisory services will be needed, who will provide advisory services, what is the claims payment process, what is the time to pay a relocation claim, what authority and controls will be needed for approval of claims, what documentation will be retained in the files, what forms will be used
- What is the anticipated extent of displacement, types of displacement, availability of replacement housing and business sites, contemplated problems associated with the displacements
- Appeals – what is the legal requirements for administrative appeals, how will the agency establish and staff an appeal function, who is the recipient of appeal requests, what is the appeal process
Other Components
- Document Control – how are documents filed, what length of time will original paper documents be maintained, what is the organization of parcel files, condemnation files, etc. what is the contents of a typical file
- Property management – who will perform property management, what is included in the scope of work for property management, who contracts for demolition, what are contracting requirements, what are reporting requirements, statement of policy regarding rental property for extended possession by tenants and owners, policy regarding rental of property not immediately needed for project
- Excess property inventory and utilization plan – who will prepare and track excess parcels, what is the process to evaluate these tracts, who will determine when to sell excess, what is the disposition of proceeds, what are agency, state or local restrictions on the sale of public property
Other Useful Inclusions
- Protective rent program – allows the transit agency to rent vacant structures to avoid relocation costs
- Potential for Functional Replacement and authorization process
- A policy on part-time occupants and students – determine who is eligible for relocation benefits
- How often and what will trigger any update to the RAMP
Appendix Materials
- Copies of internal procedures for various functions such as relocation and negotiations
- Copies of acquisition and relocation brochures with a statement as to the need to update any of these documents
Here is a sample of a written RAMP. This document was approved by the FTA and can be assumed to generally meet all requirements. It should not be used as a template, since each project has variables that need to be addressed. However, it is a good example of style and content for a specific project.
Source:
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Bob Merryman |
| © O.R. Colan Associates |
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