Sterling Highway Milepost 82.5 to 94

Property

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Frequently on projects, the existing right-of-way (ROW) is not sufficient to meet the needs of the project. The Department of Transportation and Public Facilities (DOT&PF) follows the federally mandated process for acquiring property interests when needed to meet the project needs for things like wider roadways, new/wider pathways, improved drainages facilities, utility relocations, and temporary impacts for construction purposes.

DOT&PF has been considering widening the Sterling Highway to four lanes since the mid-1980's and has already purchased much of the ROW anticipated to be needed for the project. The existing ROW width throughout the project corridor varies from 180 feet to over 300 feet, enough to accommodate highway expansion in nearly all locations.

Additional ROW permanent and temporary acquisitions may be required at some locations to accommodate intersection and access improvements, such as realignment of intersecting roads, new frontage roads, new side streets, and reconnecting driveways, but these needs (if any) are not identified at this point. We expect to have a better idea of ROW needs in spring 2025, at which point the project team will reach out to property owners potentially impacted.

Below is a brief summary of the acquisition process, a description of how DOT&PF will interact with the property owners when acquisitions are necessary, and the types of property interests that may be acquired as part of the process.

ROW Permanent Acquisition Process Simplified

1. Valuation

• For acquisitions over $25,000 or for complex property valuations:
• A third-party appraiser will reach out to a property owner to invite them or a designee to attend the appraisal inspection.
• The appraiser will estimate their opinion of fair market value in an Appraisal Report.
• The DOT&PF's review appraiser will provide a formal review of the Appraisal Report and establish a Recommendation of Just Compensation.
• For acquisitions under $25,000:
• Qualified DOT&PF staff or ROW consultants will prepare a Waiver Valuation Report that estimates fair market value.
• The DOT&PF's Regional ROW Chief will review and sign either the Recommendation of Just Compensation or the Waiver Valuation to establish the   just compensation.

2. Negotiations

• DOT&PF staff or ROW consultants will deliver a written offer of Just Compensation and give the property owner a reasonable amount of time to consider the offer, ask questions, or request clarification.
• Property owners may provide additional information or make reasonable counter offers and proposals to DOT&PF.
• DOT&PF will consider any reasonable requests that are made during negotiations.

3. Closing

• Once an agreement is reached, the acquisition documents are reviewed and signed by the property owner and DOT&PF.
• All liens, mortgages, and encumbrances on the property must be released (title clearing) before a transaction can be completed. Property owners can assist in the closing process by providing information and documents that are needed to clear title.
• After an agreement is reached, it is expected that the transaction will close, and payment will be received in 60 to 90 days. However, if title clearing is extremely complex, it may take longer. Owners whose properties are free and clear of encumbrances can expect to close the transaction and receive payment sooner.

What Does Just Compensation Mean?

• It is fair and equitable to both the property owner and the public.
• It includes the cost of items in acquisition areas such as fencing, sheds, wells, and septic systems.
• It may not be less than the amount established in the approved appraisal report or waiver valuation as the fair market value for the property.

Types of Acquisitions

Right-of-Way (ROW) Type	Description
Full or Partial Fee Acquisition	Fee acquisition is the purchase of all the right, title, and interest in land. The fee acquisition can be of the full property or a portion of the property. It is DOT&PF's policy to acquire all right-of-way in fee when feasible.
Permanent Easement	A legal right to use and/or enter upon another's land for a specific purpose. When someone is granted an easement, they are granted the legal right to use the land, but the legal title to the land itself remains with the owner of the land.
Temporary Construction Easement (TCE)	A non-permanent right to use and/or enter upon land owned by a property owner. It is valid for a set amount of time, and it is compensable. A TCE is required when additional room to construct the project is needed.
Temporary Construction Permit (TCP)	A non-permanent right to use and/or enter upon land owned by a property owner. It is valid for a set amount of time, and it is non-compensable. A TCP is obtained to construct an improvement for a landowner resulting in a betterment to the property, for example a driveway approach to match the new roadway surface.

For More Information

DOT&PF will follow all federal and state regulations and statutes for any ROW identified for acquisition.

DOT&PF Design & Construction Standards

• Real Estate/Right-of-Way: https://dot.alaska.gov/stwddes/dcsrow/
• Acquiring Real Property for Federal and Federal-Aid Programs and Projects (Printable Brochure): https://dot.alaska.gov/stwddes/dcsrow/assets/pdf/ROW_UniformAct1.pdf

Contact

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Send your comments, questions, or concerns to the project team by emailing SterlingSafetyImprovements@dowl.com or by calling (907) 562-2000.

 

The Alaska DOT&PF operates without regard to race, color, national origin, sex, age, or disability regardless of the funding source, including Federal Transit Administration, Federal Aviation Administration, Federal Highway Administration, and state funds. Full Title VI Nondiscrimination Policy: dot.alaska.gov/tvi_statement.shtml. To file a complaint, go to: dot.alaska.gov/cvlrts/titlevi.shtml.

The DOT&PF complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aids, services, and/or special modifications to participate in this public meeting should contact Public Involvement, (907) 562-2000, and TDD number [711]. Requests should be made at least five days before accommodation is needed.

The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by DOT&PF pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated April 13, 2023, and executed by FHWA and DOT&PF.