you wrote your item in the private citizen forum, but the posting indicates (in
error?) state government, so I will presume that you just failed to note the
appropriate Org type.

That said, you have an easy recourse for Cal Trans - Go to the CA state web
site and direct to the Cal Trans web site. On there you will find the entire
Right of Way Manual which details the process which must be used for Cal Trans
projects. Everything you want or need to know in regards to what the process
is for anything is located there, including forms, letters, etc.
An FYI, I am not aware that Cal Trans has any projects at all which are not
participatory in federal funding and therefore subject to the UA.

you wrote your item in the private citizen forum, but the posting indicates (in
error?) state government, so I will presume that you just failed to note the
appropriate Org type.

That said, you have an easy recourse for Cal Trans - Go to the CA state web
site and direct to the Cal Trans web site. On there you will find the entire
Right of Way Manual which details the process which must be used for Cal Trans
projects. Everything you want or need to know in regards to what the process
is for anything is located there, including forms, letters, etc.
An FYI, I am not aware that Cal Trans has any projects at all which are not
participatory in federal funding and therefore subject to the UA.

Sorry. My bad. The drop down default is State Government.

I have looked all over the website and cannot find the form or procedure. The
rule is stated, but the procedure is left in the dark.

What is the procedure to implement my UA right? If Caltrans will not comply,
what is my legal recourse?

Thanks

Link to R/W Manual is www.dot.ca.gov/hq/row/rowman/manual/index.htm

OOOPS!
Same thing happened to me on the drop down for other posting. We're all human,
thats why we ask for assistance at times.

I am in the industry and DO NOT work for any governmental agency as a direct
employee/staff member

I purposely submitted this response to your question in a separate item.

California has about a half dozen real good Eminent Domain attorneys and about
an equal amount of real good Goodwill Appraisers for business damages
valuations.

CalTrans, unless it can show separation of funding on your specific project
must follow its own guidelines which are equal to the UA. Check the District
office of CalTrans and the FHWA and request their determination of compliance
with the Manual.

If they cannot/will not, seek assistance from legal counsel, but DO NOT by any
means call the local attorney for the local real estate office. Get the
competent E/D attorney

Email me at 1hotwebserver@gmail.com

I have a couple questions.

Thanks

I have called the local, nationwide, sierra club, statewide and every other
Eminent Domain lawyer you can think. I like my lawyer and county. Most recent
Eminent Domain trials in the area resulted in $33,000,000+ for developer
against Mammoth and DWP had to fork over a couple hundred million to clean up
Owens Dry Lake. Judge Stout or Brian Lamb will likely preside over the case.
It will get major press in the area as the TV station owners had their property
acquired. They werent very happy and are huge environmentalists.

www.sierrawave.net search for caltrans

This link below will be interesting for my Title 6 suit along with the
demographics. The demographics, CIA, EJ, title 6 and e.t.c. for the project is
nonexistent. It's a racist county, plain and simple. I have some high powered
attorneys very interested. I will pick one in the near future. Check out the
demographics(Crazy stats) and search kkk and inyo county. Feds should not fund
this county without corrective action. The project should have discussed
Native Americans in the ROW. Instead it states that no Native American land is
required for the project. Further discussion is necessary. It fails miserably
in the title 6 category and the district has had some problems with
discrimination. They got in trouble a few years back for discriminating
against women.

www.ksrw.sierrawave.net/site/content/view/1047/48/


Back to the topic. I need a relocation assistance lawyer. The best is what I
have in mind. Do you have any reccommendations?

P.S. I was disgusted and amazed that they imported an African American, Asian
and Hispanic for my comdemnation panel meeting at the district office. It was
surreal.

I have worked with many lawyers on such cases. I like them when it involves
acquisition problems/issues as they can be very beneficial to both owners and
agencies in getting matters resolved quickly and efficiently.
But I have found almost all "relocation lawyers" to be a drain on the dollars
of the person relocated as most of them only skim the regulations and have zero
comprehension of relocation. You can do just as well by reading and reviewing
the regulations of Cal trans shown above.
Your money would be far better spent hiring a relatively local relocation
specialist to either do a comprehensive review of your case, or even to be your
advocate with the agency (in our presence of course) on the claims.
I would think that you could do a web search and find relocation specialists
quite easily.

To the original poster the apprisal waver can be used in estimated under $10K
and clearly uncomplicated. CalTrans estimated low it seems and is willing to
justly compensate you at $11K+ (what looks like to be a bit more). It is
difficult to tell more as you did not state the exact dollar amount or very
many other details.

If you feel the CalTrans aprasial is low get your own appraisal. Pay for it
yourself and if it agrees with what you are thinking hand it over to CalTrans
to have them reimburse you under AB 1322 (etc.) If your own appraisal does not
support your thoughts either accept CalTrans offer, request an Administrative
Settlement, or get ready for court.

Oh and relocation lawyers are generally not worth it until you are at the
court's door. Hiring retired state workers to take on their old employers or
the locals is generally more worth it.

The point is at 11K, Caltrans needs to advise me of my rights to receive an
appraisal. This did not happen, which violates my URA rights and eliminates
numerous other rights contained within the URA. The Waiver Valuation
eliminates the need for numerous notices and other rights contained within the
URA.

My first written offer is dated December 29, 2006. Do I qualify under AB 1322?



Thanks,

Sean McClelland

Your question requires an opinion which is legal in nature and best left to the
opinion of a lawyer. Or court.

Per 49 CFR 24.102(c)(2)(ii) an appraisal is not required if the Agency
determines that an appraisal is unnecessary because the valuation problem is
uncomplicated (key phrase here) and the anticipated value (another key
phrase)...is estimated (key again) at $10,000 or less. So what does Caltrans
have for a process if the just compensation is determined to be greater than
the estimate as told here? do we have all the information? does their process
require an appraisal if the value excedd the original estimate or can they go
forward with the valuation? suggest a call the CalTrans or the lead federal
agency is in order. perhaps a better explanation is all that is needed here.