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RTA Begins Real Estate Process

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Real Estate Team Continues to Work with Property Owners

The Euclid Corridor Project's Real Estate (RE) Team is continuing to work with residents and businesses impacted by the impending construction activities along the Corridor. Property owners received a letter from the RTA in early 2004 introducing the Project's real estate consultants and their respective activities prior to construction.

The RE team moved forward this year by dividing the Corridor by district to allow one-on-one meetings with property owners and businesses. The team discussed Project goals and how properties might be affected. Some property owners under Phase I activities received and responded to Right-of-Entry letters that gave RTA permission to enter their premises to pursue further real estate activities. Some areas will not require acquisitions, but potentially could be impacted by construction. RTA officials will discuss specific impacts with each property and business owner before construction begins in each district.

The Midtown area is part of the first phase for district real estate activities. Right-of-way plans will be finalized for the Midtown section of Euclid Avenue by December 2004. Midtown property owners will receive an introductory letter from RTA's agent to begin real estate negotiations. This letter will contain an overview of the Project, a set of plans highlighting the property, and how the right-of-way will be aligned after the ECTP construction is complete. RTA's appraisers will then complete its appraisal reports for the Midtown section. Individual meetings for acquisition negotiations will be set up with property owners in late 2004 – early 2005. This process will then be repeated in the Downtown, Playhouse Square, and Fairfax areas in 2005 and in University Circle in 2005-2006.

RTA will continue to hold quarterly community update meetings to inform property and business owners about developments and upcoming real estate activities. A property owner or business wishing to speak with an RTA representative prior to work being conducted can contact James DeRosa, deputy project manager – real estate, at 216-566-5254 or jderosa@gcrta.org.


Real Estate Timeline

PRE-ACQUISITION PHASE
January 2004 through May 2004

• Public Announcement of Real Estate Program
• Notification to Property Owners
• Public Meeting explaining Federal Uniform Relocation Assistance & Real Property Acquisition
• Title Search Reports/Examinations
• Chain of Titles/Deeds
• Legal Descriptions
• Surveying
• Appraisal or partial acquisition: permanent or temporary easement; fee simple
• Appraisal Review – Just Compensation

ACQUISITION PHASE
June 2004 – July 2005

• Negotiations/Written Offers
• Relocation Process Begins w/ tenants and business owners
• Up to 10 Replacement Dwellings Located
• Contract Agreements between Property Owner of easements and fee simples
• Settlements/Payments
• Housing/Business Inspections of relocated properties
• Title transfers/Possession
• Written notice of 90 -Day Vacate to Move

Construction Phase Timeline

Frequently Asked Questions about the Real Estate Process

What is Right-of-Way?
Right-of-way is a property set-aside for public travel, both vehicles and pedestrian.

What is a Fee Simple?
Private ownership of real estate in which the owner has the right to control, use, and transfer the property at will.

What is Eminent Domain?
Eminent domain is the power of a government body to acquire private property for public use. Numerous public and quasi-public agencies, such as the RTA, are authorized to use eminent domain. It is only used when the agency and private property owners can not agree on the value of the property. Private property owners are entitled to just compensation for any property acquired under eminent domain.

What is an Easement?
An easement is the right provided to a person or entity to use someone else's property. The property owner usually transfers this right while retaining ownership through execution of an easement document that is recorded with the deed.

What is a Temporary Construction Easement?
A temporary easement is a right granted for a specific period of time so that the contractor can complete construction. Once it expires, the rights granted return to the property owner. For the ECTP, temporary construction easements will generally be 6 to 10 feet wide and are primarily for construction access and to provide a smooth transition between the property and the proposed sidewalks.

What is a Permanent Easement?
A permanent easement is a right granted by a property owner that entitles the easement holder specific use of the property. The property owner's rights to use the land are determined by the terms of the permanent easement. For the Euclid Corridor Project, permanent easements are normally 10-feet wide and will be used for sidewalk and tree lawn purposes.

Will property be restored to its prior condition?
Yes. The temporary construction easements allow for the property to be restored to its prior condition, or as close as possible.

I am a Euclid Avenue property owner who received a letter from your appraisal firm asking for permission to enter my property. Will this interfere with my business activities?
RTA's real estate appraisal consultant sent a letter to each affected property owner seeking right of entry to conduct an appraisal inspection. The inspection is quick and efficient, and will not interfere with your daily business operations. Generally, the appraiser will only need to walk around outdoor property areas near the public sidewalk. Owners will not need to attend these appraisal inspections. In a few cases, the appraiser may need to enter a building for an appraisal inspection. These owners will be contacted for an appointment.

Why does RTA need to acquire property?
Euclid Avenue is currently a four-to-six lane road between Public Square and University Circle. It's necessary to widen the right of way in some areas to accommodate the median, bike lane, sidewalks, and landscaping. Typically, only a few feet of land is required and will be acquired through a permanent or temporary easement. Often land is needed near the street corner to allow for ramps that are compliant with ADA regulations. In a few cases, the RTA will need to acquire an entire parcel of land. These owners are already aware of our intention.

How much will I be paid for my land?
The appraiser will determine the value of each parcel that the RTA will acquire. The appraiser considers property values, recent comparable property sales data, and whether the business will suffer damages by losing the land the RTA needs. Disturbed site improvements are also calculated into the offer. Federal law requires that another appraiser, hired by the RTA, review the initial appraisal. This ensures that there is fairness and uniformity. This reviewed appraisal is the basis of the purchase offer.

Does RTA accept donations of property?
RTA gladly accepts donations of land needed for the Euclid Corridor Project. If you are interested in donating land, contact the RTA Euclid Corridor Project real estate manager, James Derosa. (The IRS does not consider an appraisal by the acquiring entity to be disinterested. Therefore, for tax purposes, property owners will have to obtain their own appraisal. We can guide you through this process.)