Right-of-Way & Easement Procurement

The Engineering staff works with the City Attorney's office and Right of Way consumers to procure real estate interests necessary to accommodate public infrastructure. A narrow two-lane road cannot become an improved street with curb, gutter, sidewalk, and center-turn lanes until the existing right-of-way has been determined and additional land upon which those improvements will be located is obtained. The same holds true for other forms of infrastructure, including walking paths, bridge replacements, water mains, sewer lines, and all other utilities that use the right-of-way and easements.

The level of real estate interests required varies, depending on the type of infrastructure to be installed. Typical interests include Entry Permits, Temporary Construction Easements, Permanent Easements, and Rights-of-Way.

The City's procedures are based upon principles of fundamental fairness to achieve two objectives: 1) Ensure property owners receive just compensation for the interest to be acquired, and 2) Accommodate the City's schedule for installing the infrastructure.

• Special Improvement Districts (SID's) constitute a partnership between the City and property owners in a specific neighborhood who want improved infrastructure. The City provides all services necessary to implement installation of the improvements, including design, bidding, contracting, and inspection.
• The City's annual budget may include funds to share in the costs of installing street improvements, concrete alley surfacing, and sanitary sewer facilities. The City may create a SID when a majority of the property owners have signed a petition requesting the proposed improvements and money is budgeted for the improvements.
• The process of creating a SID begins when a citizen asks the City to prepare the petition. The petition provides a list of the affected property owners and describes the proposed improvements and estimated costs for design and construction. The requesting party circulates the petition to obtain the signatures of the listed property owners. The completed, successful petition is then presented to the City Council at a public hearing where any interested party may provide testimony for or against the proposed SID.
• The affected property owners’ share in the costs of SID's is known as a "special assessment". Special assessments may be paid in one lump sum or over a period of 10-years.

• Special assessments for sewer improvement districts are based on actual costs of construction. If the sewer improvement district qualifies under the Septic System Elimination Program (SSEP) the City and County have jointly set aside funds to reduce the actual cost by 30%, thereby reducing the special assessment to the individual.

• Special assessments for street improvement districts are also based on actual costs of construction. The owners of residential properties pay for 66% of the costs attributed to their half of the street, and the owners of non-residential properties pay for the full costs attributed to their half of the street.

Special assessments for alley improvement districts are based on rates established by City Council. The rates vary depending on the use or zoning of the affected properties, as follows:

• Properties located within any zone other than residential and properties which are used and occupied for any purpose other than residential shall be assessed 50 percent of the assessable cost per abutting foot;
• Properties located in a residential multi-family zone shall be assessed at the residential multi-family rate of 25 percent of the assessable cost per abutting foot.
• Properties located in a single-family residential zone shall be assessed at 15 percent of the assessable cost per abutting foot.

One of the layers in the GIS portion of this City website shows all alleys constructed to date. If you are a property owner interested in alley improvements adjacent to your property, contact the Public Works Administration (244-1554) to be included on a list for consideration in future districts.

Development Services