5501:2-5-06 Real property acquisition.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Transportation

Agency Name

 

Division of Highways                                          Todd Neilsen

Division                                                                  Contact

 

Central Office P.O. Box 899 Columbus OH 43216-899

614-466-8480

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5501:2-5-06

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Real property acquisition.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15

4.  Statute(s) authorizing agency to adopt the rule: 163.58

5.  Statute(s) the rule, as filed, amplifies or implements: 163.52, 163.59, 163.60, 163.61, 163.62

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

The existing Chapter 5501:2-5 of the Administrative Code was based in large part upon the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act). 49 CFR Part 24 is the federal regulation that sets forth requirements for implementing the Uniform Act. ODOT has implemented 49 CFR Part 24 into the Ohio Administrative Code to ensure that the acquisition and relocation process is compliant with the Uniform Act.

This section of federal code has been revised and therefore it became necessary to make structural changes to the language in the current administrative code. Most of

the changes were technical in nature with only a few substantive changes. However, because so much of the language needed to be modified, the existing set of rules has been rescinded and replaced with a corresponding new set of rules in their place. These changes must be made to ensure compliance with the Uniform Act and continued federal-financial assistance in the State's highway transportation program.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule sets forth the real property acquisition and appraisal provisions to implement the Uniform Act and sections 163.51 through 163.62 of the Revised Code into the Administrative Code. The rule reflects changes made necessary due to the numerous revisions to 49 CFR Part 24, Subpart B. The rule outlines basic acquisition requirements and policies, including criteria for appraisals, review of appraisals, acquisition of tenant-owned improvements, and donations of real property

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The rule does reference several federal acts which are contained in United States Code. References to US code can be obtained at any public library or the Code of Federal Regulations web page. There are also multiple references to the Ohio Revised Code and Ohio Administrative Code which are available through the ODOT website and at any public library.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

N/A

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

Not Applicable.

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

N/A

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

N/A

16.  Does this rule have a fiscal effect on school districts, counties, townships, or

municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No