In May 2019, a Local Public Agency Property Management Practices Program Review with FHWA was held and targeted compliance with 23 CFR 710.201(a) and 23 CFR 710.403(e). It was determined that Caltrans is not providing enough guidance or oversight of Local Public Agency (LPA) practices when it comes to property management and disposal of excess land. There currently is no oversight of properties once purchased to the time of construction or disposal. LPAs are not implementing the CFRs as expected. As a result, LPAs are not in compliance with federal regulations.
With the publication of this Office Bulletin (OB), oversight of LPAs will be completed by Caltrans from the acquisition phase through the construction phase by periodic risk-based reporting. It is recommended that LPAs complete Exhibit 13-F: Local Public Agency Real Property Services Checklist for reporting property purchases. This checklist would guide the LPA in the expectation of property management requirements. In order to establish the new oversight into a routine expectation, this checklist will have a targeted sunset of five years.
The following sections of LAPM Chapter 13 have been revised and are superseded with this OB.
1) LAPM Chapter 13, Section 13.4: Right of Way Authorization
2) LAPM Chapter 13, Section 13.9: Right of Way Acquisition
3) LAPM Chapter 13, Section 13.12 Reimbursement/Fiscal Policy
Full details are listed on the OB page.