Federal regulations allow for "advanced acquisition" for hardship cases under (23 CFR Chapter 1, section 710.503). Hardship acquisitions are for health, safety or financial reasons.
Properties are purchased using state dollars; this becomes part of the project cost once the property is incorporated into the actual project.
Historically, about $7 million per year is available for advance acquisitions statewide. This amount varies from year to year based on overall budget levels and allocations. It is not allocated by individual project.
A typical residential relocation costs MDOT $250,000 to $300,000. Property owners selling to the state under advanced acquisition are entitled to the same financial benefits and services as those selling under normal processes. The only exception is that MDOT cannot condemn properties under advanced acquisition.
MDOT prioritizes advanced purchases by project or project type. For example, projects not included in the Transportation Improvement Plan are not eligible for advanced acquisition.
Assuming that funding is available, the advanced acquisition process takes 6 to 12 months to complete.
Specific Process for the Blue Water Bridge Plaza and Corridor Project
To be considered for an advanced acquisition, a property owner must submit the request in writing to the department. MDOT staff is available to assist those interested in an advanced acquisition at the Port Huron Transportation Service Center on the first and third Fridays of the month from 10:00 a.m. to 2:00 p.m. Walk-ins are welcome, or call the hotline at 800-955-3515 to set up an appointment.
MDOT will review each request to see if it meets federal requirements, state policy guidelines, and funding availability.
If MDOT determines the parcel qualifies for advanced acquisition, the standard business practices for purchasing property are followed.
Examples Here are some examples of qualifying hardship. They do not cover all possible situations.
Medical: A property owner is ill and unable to stay in the property. The property has been on the market or the marketing of the house could exacerbate the owner's condition.
Financial: A property owner is relocated for employment reasons and cannot continue making payments on two houses. The owner has been actively attempting to sell the property and is in jeopardy of losing the home to foreclosure.
Safety: A toxic spill has contaminated the property. The family must relocate for health and safety reasons.
Determining priority order for hardship acquisitions
Based on the limited amount of funding currently available, compared to the number of advanced acquisition requests already received, MDOT will adhere to the following protocol to determine the order in which hardship acquisitions will be recommended for purchase.
MDOT will review all request letters to determine which supply sufficient justification that remaining in the property poses an undue hardship. Justification supporting the hardship acquisition must be on the basis of health, safety and/or financial reasons. (MDOT may seek additional information or supporting documentation.)
If a hardship is supported, MDOT will prioritize by construction staging. The three areas in priority order are:
A) I-94/I-69 Corridor
B) Pine Grove Relocated South of the Plaza
C) Northeast Quadrant of Plaza
(See the priority zones map (6.2 Mb)
Qualified hardships will be forwarded to FHWA for review and approval.
MDOT will notify qualified owners and proceed with advanced acquisition as required by law, policies and practices.
Qualified owners will be notified in writing if it appears there is not adequate funding available to process their request at this time.
Property owners will be notified if their request does not provide adequate justification for a hardship acquisition at this time.
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