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YELLOW SHEET Office of the State Auditor of Missouri |
Report No. 2005-26
April 2005
MoDOT's Process to Buy Property
for Road Projects Considered Unfair by Some Property Owners
This audit reviewed how well MoDOT works with
property owners when buying property for road projects, which is commonly known
as right-of-way (ROW) property. MoDOT spent an average of $63 million acquiring
ROW property from fiscal years 2000 through 2004.
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Some property owners said land price offers were unfair |
Over half of the property owners surveyed by auditors said MoDOT's initial offer for their land was less than fair market value. Most often, MoDOT officials are buying property that is not for sale and this can result in contentious negotiations with someone who may not want to sell their property. About half the owners surveyed also said MoDOT gave "little or no consideration" to their input. (See page 9) |
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Property owners not provided appraisals until June 2004 |
Until June 2004, MoDOT would not give
property owners a copy of the appraisals detailing how it determined
property values. MoDOT began sharing appraisals with owners after outside
peer reviewers made the suggestion. (See page 10)
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Initial appraisals may not always reflect fair market value |
Auditors reviewed 28 property acquisitions
and found five with significant differences between initial and second
appraisals. MoDOT generally prepared only one appraisal prior to making
initial offers to property owners, with second appraisals only being
prepared in condemnation cases or unusual situations. Auditors also found
five properties in which comparable sales provided by the property owner
were not considered in the initial appraisal, but affected the eventual
negotiated price. In addition, MoDOT did not always include items in the
appraisals for which the property owners should have been compensated.
(See page 10)
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MoDOT property buyers had no set negotiation limits |
MoDOT had not established limits on how
much ROW staff could negotiate with property owners, which led to
inconsistent acquisitions. Auditors found no limits set on the amount a
ROW manager can approve over the appraised amount. (See page 15)
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Inconsistent practices on when to buy unneeded property |
Auditors found district-to-district
differences in how MoDOT officials handled property owners who wanted to
sell MoDOT remaining portions of property not needed for the road project.
Auditors found the officials in some districts would generally not buy
more property than was needed. Officials in another district said they
almost always buy all the owner's property if such a request is made.
(See page 15)
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No guidance exists on buying property for projects not on construction plan |
Auditors found MoDOT owns nearly 8,000
acres of future ROW property related to projects not included on its
5-year construction plan. MoDOT has owned about half the land for 25 years
or more, including some dating back to the 1920s. (See page 17)
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MoDOT leased property for nominal amounts or no cost |
Auditors found MoDOT leased 234 properties
to other parties and received rent of $20 a year or less for about half of
these leases - some at no cost. Lease records did not contain
justification for the lack of compensation for most of these leases. In 13
cases, MoDOT paid $1.7 million for the related properties, but
subsequently leased the properties back to the previous owners for nothing
or $1. (See page 22)
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