LAPM Exhibit 13-B, Right of Way Certification Local Assistance Project, was recently updated to reflect Rights of Entry policy changes. The update was issued and explained through Division of Local Assistance Office Bulletin 15-03:
Effective immediately, the use of Rights of Entry are limited to emergency and exceptional situations only and require pre-approval from the Division of Right of Way and Land Surveys (Headquarters) and FHWA. This policy change is due to possible violations of 49 CFR 24.102(j) when utilizing Rights of Entry, which states, “Owners acknowledge they have been advised of their right to receive immediate compensation and have waived that right, agreeing to be compensated at a later date with interest.” In accordance with 49 CFR 24.102(j), funds must be made available to the property owner for their withdrawal and use prior to the owner surrendering
possession of their property. Caltrans and Local Agencies must deposit funds into escrow prior to obtaining possession.
For additional information about the updated exhibit and Office Bulletin, contact Winton Emmett at (916) 653-4231 or email email@example.com or Linda Tong at (916) 653-4586 or email firstname.lastname@example.org.