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2	Feasibility Study-Real Estate Plan Planning level document Estimates minimum real property interests required to build, operate and maintain the project Estimates the value of the real estate requirements Drafts a real estate acquisition schedule Refine requirements during the next phase
3	Project Real Estate Requirements Temporary Work Area Easement Access and staging during construction. Three-year term Perpetual Flood Protection Levee Easement Footprint of flood protection plus ten feet for operation and maintenance When remainder of parcel has continuing usefulness and value
4	Project Real Estate Requirements Perpetual Flowage Easement (Occasional Flooding) Required for areas where there is occasional increased flooding due to the project Portions of the residential structures below a certain elevation will not be allowed to be used for sleeping accommodations Allows existing, minimally-impacted structures not designed for human habitation to remain
5	Partial Acquisition Typical Partial Acquisition survey Levee Project is along the river at the rear of the property
6	Project Real Estate Requirements Fee Simple Outright purchase of an entire parcel When an entire parcel is needed for construction of project features When a parcel will be subject to a significant increase in flooding due to construction of the project When an easement (partial acquisition) leaves an uneconomic remnant (unusable/nominal value) May require residential/business relocations if occupied
7	Increased Flooding Due to Project Construction Engineering and legal analyses of changes in: Depth Duration Velocity Frequency Area If changes are determined to be minimal relative to existing conditions – no acquisition If changes are determined to be moderate relative to existing conditions – flowage easement If changes deemed to be significant - fee simple
8	Total Project Real Estate Costs Acquisitions 30 fee simple (27 residential, 3 commercial). 62 perpetual flood protection levee and temporary work area easements (59 residential, 3 commercial/agricultural). 4 residential flowage easements Estimated costs=$5.98 million
9	Flood Protection in Town of Bloomsburg Acquisitions 21 fee simple (18 residential, 3 commercial) 22 perpetual flood protection levee and temporary work area easements (19 residential, 3 commercial/agricultural) Estimated costs=$3.5 million
10	Flood Protection in Fernville, Hemlock Township Acquisitions 1 fee simple (residential) 40 residential perpetual flood protection levee and temporary work area easements Estimated costs=$558,000
11	Increased Flooding in Montour Township Acquisitions 7 fee simple (residential) and the trailer park south of SR42 4 residential perpetual flowage easements Estimated costs=$1.86 million
12	Residential and Business Relocations Total Project 27 residences, 4 businesses, trailer park (29 trailers) Bloomsburg 19 residences, 4 businesses Fernville 1 residence Montour Township 7 residences and the trailer park
13	Potential Utility/Facility Relocations 100% Non-Federal Sponsor responsibility Irondale Water Treatment Plant Floodproofing is proposed PP&L Electrical Substation Floodproofing is proposed Fiber Optic/Petroleum line crossing Fishing Creek May be left in place and encased in concrete for that portion under the project footprint
14	Project Cooperation Agreement
15	Project Cooperation Agreement Army Corps of Engineers Real Estate Responsibilities Include: Define the real estate to be acquired Location Area Estate/interest Oversee the work conducted by the Non-Federal Sponsor
16	Project Cooperation Agreement
17	Real Estate Acquisition - Schedule Anticipated to take 2 years Phasing of the construction contract and real estate acquisitions may be possible
18	Real Estate - Overview Eminent Domain – Power of the Government to take private property for public purposed with payment of just compensation. 5^th Amendment of the Constitution The “Uniform Act” 49 Code of Federal Regulations (CFR) Part 24
19	Uniform Act – Objectives Uniform, Fair and Equitable Treatment of persons whose real property is acquired or who are displaced in connection with Federally funded projects To ensure such persons do not suffer a disproportionate impact as a result of projects which benefit the public To ensure relocation services are provided to displaced persons to lessen the emotional and financial impact of displacement To ensure that no individual or family is displaced unless Decent, Safe and Sanitary (DSS) housing is available within the displaced person's financial means To encourage and expedite acquisition by agreement To minimize litigation and relieve congestion in courts To promote public confidence in Federally funded land acquisition programs
20	Acquisition Highlights Right to receive just compensation Appraisal of the property acquired Invitation to accompany the appraiser Written offer and summary statement Payment before possession Offer to acquire uneconomic remnants Reimbursement for expenses incidental to the transfer of title Determination of just compensation by a court of law
21	Relocation Highlights Minimum 90 day notice to vacate Availability of comparable Decent, Safe and Sanitary (DSS) replacement housing Relocation advisory services Moving expense payments Business reestablishment payments up to $10,000 Business fixed payments (in lieu of moving and reestablishment) up to $20,000 Replacement housing payments for 180 day homeowners up to $22,500 Replacement housing payments for 90 day or greater owners/tenants up to $5,250 Last resort housing
22	Project Contacts US Army Corps of Engineers: Real Estate Adam Oestreich, 410 962-2209 e-mail: adam.l.oestreich@nab02.usace.army.mil US Army Corps of Engineers: Project Manager Mary Dan, 410 962-3377 e-mail: mary.dan@nab02.usace.army.mil SEDA-COG Bill Seigel 570 524-4491 e-mail: bseigel@seda-cog.org Kristen Moyer 570 524-4491 e-mail: kristen@seda-cog.org More Information http://www.fhwa.dot.gov/realestate/ http://www.bloomsburgpa.org/Government/bloomsburg/floodcontrol/bafcp.htm