planning, production & real estate acquisition. acquiring contaminated properties in past, odot...
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PLANNING, PRODUCTION & REAL ESTATE ACQUISITION
Acquiring Contaminated Properties
In past, ODOT has acquired contaminated properties when the amount to be acquired increased◦Laws for government acquisition
New process developed to address acquisition of contaminated sites◦Located in Environmental Site Assessment
Manual, Appendix B and Real Estate Acquisition Manual, Section 5320
Types of SitesAcquisition of entire contaminated site
◦Gas stations◦Dry cleaners
Highly regulated site regardless of ROW◦Superfund◦DERR◦VAP◦Landfills (know or unknown to regulators)
ProcedureDEC notifies District Real Estate
Administrator of contaminated properties that would require additional ESA if ROW changes by IOC◦After Phase II ESA◦During NEPA or after NEPA completed
DEC arranges meeting to discuss course of action for site
Meeting personnelDistrict Environmental CoordinatorDistrict Real Estate AdministratorESA Supervisor, Environmental ServicesAppraisal Unit, Central Office Real EstateChief LegalAttorney General’s OfficeOther appropriate ODOT personnel
Meeting IssuesType & Extent of contaminationBUSTR/OEPA informationESA reports and resultsWould contamination be found without
ODOT project?Would property require remediation
without ODOT project?How would private sector remediate site
Meeting Issues, cont.What is the cost to the site?Would bank loan money to
someone to purchase the site?What property right should be
purchase?How should the property be
appraised?
DecisionsSite Specific course of action
◦How to resolve legal issues◦How to acquire the site◦How the site will be appraised
Remedial Options Report
Remedial Options ReportIs based on what private sector would do
with the siteLetter report
◦Provides short history◦Lists previous ESA investigations, both ODOT
and non-ODOT◦Justification for items considered for estimate◦Estimated remedial cost for private sector
remediation
Mitigating Ownership Issues Under CERCLAEasement
◦Underlying fee owner stays the same◦Obtains control of site
Appropriations◦Filing of court case◦Forcing sale of site through ODOT’s powers of
eminent domain
EXAMPLES
1950 SANBORN
2010 SITE DRAWING
QUESTIONS?