This article originally appeared in the International Right of Way Association Sunshine Chapter No. 26 Florida in September 2021 and was written by Peter D. Waldman. Don’t Sit on Your Butt – The [...]
Right of Way Creation and Expansion
Acquiring or creating right-of-way spaces for capital improvement projects can be a stressful process, but our experience representing dozens of public sector clients makes our attorneys acutely aware of the capital improvement, infrastructure development, and project management demands facing local and regional governments. For example, our lawyers frequently assist municipalities in improving their communities by addressing transportation problems within their cities. These projects not only solve transportation problems but also help to increase the tax base within municipalities.
Our attorneys counsel local government entities on identifying and securing funding from a variety of local, state and federal sources, for example, transportation-related taxes and impact fees that are collected and shared among local governments. We also help you with the complex process of agency certification, a necessary step to securing funding from the U.S. Department of Transportation. In one example of our work, we helped the city of Medley, Florida, develop a program to address major road connectivity issues. With our counsel, the city was approved for federal funding to plan improvements to transportation on the Northwest South River Drive Corridor.
When property is needed for construction of planned projects, such as roadways, infrastructure improvements, and utility relocations, we assist in obtaining necessary rights, titles, and interests in real property through negotiated conveyance, condemnation, and other statutory vehicles for acquiring property.
Our expertise in assisting governmental entities develop and manage right-of-way programs also translates to assisting private clients with the right-of-way aspects of their development projects that require approvals by public agencies. Additionally, in coordination with our eminent domain, land use and real estate attorneys, we have effectively represented many private clients with issues ranging from valuation and entitlement to related transactional issues.
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