Key Considerations For Identifying Project Right-of-Way Needs

When public agencies or utilities move forward with infrastructure projects, one of the most critical steps is determining exactly what property rights must be acquired. Too often, agencies focus solely on the permanent footprint of the project, only to discover late in the process that they lack authority for construction activities, staging areas or access. Early project planning on the front end helps avoid costly delays, litigation and redesign.

Existing Rights

The first analysis should always be – what rights are already in place? Many agencies or utilities hold easements, franchise rights, or other recorded interests that may authorize at least some of the planned work. A careful review of title records, conveyance documents and easement language is critical. In some cases, the existing rights may already allow the planned project. In others, the scope may be narrower than anticipated. A condemning entity that assumes too much under an existing easement may