Navigating the Challenges of Right of Way in US Infrastructure Development
Infrastructure development in the US is at a pivotal juncture, with Right of Way (ROW) playing a central role in shaping the future of urban planning and capital projects.
As the nation gears up to unlock the potential in the $1.2 trillion investment as part of the Infrastructure Investment and Jobs Act (IIJA), the challenges of managing ROW have come to the forefront. Capital project owners must grapple with intricate land acquisition processes, regulatory compliance, and stakeholder negotiations, all under the overarching umbrella of ROW.
The importance of good ROW management in 2023 cannot be overstated. When it comes to expanding or upgrading road networks in the US, for instance, the investment outlay for ROW can total up to 13% of a project’s budget. For perspective, engineering outlay can total up to 17%, and safety, traffic operation, and environmental and other functions together typically amount to 10 percent. However, with careful management and stakeholder buy-in, ROW can actually accelerate rather than hinder new capital projects. This article aims to shed light on both the challenges and opportunities of ROW management, outlining a smoother path for infrastructure development.
Understanding Right of Way (ROW)
Right of Way (ROW) is a foundational concept in infrastructure development, referring to the legal entitlement granted to government agencies to use or pass through specific land or property. This entitlement is essential for the construction and maintenance of capital projects, from highways and railroads to broadband networks. Before any infrastructure project can commence, it’s imperative to secure the necessary ROW, whether it involves complete parcels of land or specific portions of properties that the project will impact.
Different types of ROW acquisitions exist, each tailored to the specific needs of a project. These include “Full taking,” where an entire property is purchased for construction; “Partial taking,” which involves acquiring a segment of a property; and “Easements,” granting rights to use a portion of a property either temporarily or permanently. As urban areas continue to expand and infrastructure demands grow, understanding and efficiently managing these ROW types becomes crucial for timely and successful project completion. ROW is also constantly evolving, such as the recent update to the public right-of-way accessibility guidelines issued by the U.S. Access Board in 2023, which prioritizes inclusivity and equitable access for all. Capital project leaders must stay abreast of these changes to ensure compliance and the effective execution of their projects. No easy task.
State and National: ROW in the spotlight
The intricacies of Right of Way (ROW) acquisition are already evident in various infrastructure projects across the US. One such example is the Delaware Department of Transportation’s (DelDOT) ambitious plans for Eastern Sussex County. DelDOT has earmarked a staggering $250 million for projects in the Five Points area alone over the next six years, with a total investment of $1.37 billion across Sussex County. These projects range from major undertakings, like the Minos Conaway Road grade-separated intersection, to smaller initiatives such as new traffic light installations and intersection reconfigurations. The sheer scale and diversity of these projects underscore the complexities involved in securing ROW, especially when considering the various stakeholders and the need for public input, as demonstrated by the Five Points Working Group meetings.
These meetings between key stakeholders, including planners, council members, and environmental firms, are designed to provide recommendations and gauge public sentiment as the project unfolds. One of the things that makes the Five Points Working Group unique is that it leverages the real-time sharing of data to secure stakeholder buy-in and maintain transparency, including a “memorandum of understanding” for land development coordination.
On a national level, Amtrak’s 2035 vision further illustrates the challenges and opportunities in ROW management. With the backing of the Bipartisan Infrastructure Law and its allocation of $66 billion for passenger and freight rail improvements, Amtrak is poised to expand its service to new communities, introduce new routes, and enhance existing ones. This expansion strategy, known as the Amtrak Connects US Corridor Vision, aims to connect dozens of cities and up to 160 communities. Such a vast expansion demands meticulous ROW planning, especially in densely populated areas or regions with significant geographical or environmental constraints.
However, it’s not just about acquiring land or property rights. For instance, recent updates to the public ROW accessibility guidelines emphasize the importance of inclusivity in infrastructure development. These guidelines introduce significant modifications to enhance accessibility, especially for individuals with disabilities. Capital owners must stay abreast of these national guidelines at all times – ROW acquisition isn’t just about land ownership; it’s about broader societal considerations.
The importance of communication and transparency
The Right of Way (ROW) acquisition process is systematic and multi-faceted, from initial surveying to potential condemnation. It begins with a comprehensive survey to identify the land or property in question, followed by a title search to ascertain ownership. Appraisals are then conducted to determine the property’s value, leading to negotiations with property owners.
Throughout this process, regulations such as the National Environmental Policy Act (NEPA) and countless others play a pivotal role, ensuring that all stakeholder considerations are addressed. Effective ROW management hinges on clear communication, project tracking, transparency across multiple stakeholders, and meticulous reporting.
This is difficult to achieve with manual or paper-based processes, which typically add weeks or months to the acquisition process.
The digitization of ROW management
As the complexities of Right of Way (ROW) management continue to evolve, the need for advanced digital tools becomes increasingly apparent. Traditional methods, such as manual spreadsheets and long email chains, are no longer sufficient to handle the intricacies of capital project management, particularly where compliance and buy-in are concerned. With so many stakeholders at the table and regulatory frameworks continuously being introduced and updated, a fully integrated approach is needed – one that can leverage automation to bind and streamline workflows within every phase of the planning, prioritization, and management of the ROW lifecycle.
Digital tools can provide both a top-down and bottom-up view of all projects, ensuring that all stakeholder groups have a comprehensive understanding of the project’s status and requirements at all times. By integrating with financial management systems and offering capabilities for capital planning, project management, and federal reimbursements, these digital solutions take much of the friction and pain out of the planning and development process, making it more efficient and, crucially, less prone to error.
Cloud-based tools also enable stakeholders, whether internal or external, to collaborate more effectively with the sharing of real-time data, keeping projects on track. Automation features, ranging from preliminary program and project approvals to the reconciliation of federal aid bills, will remove much of the back-and-forth associated with capital project management. As infrastructure demands grow and the challenges of ROW acquisition become more pronounced, the role of digital tools in ensuring successful project outcomes will become vital.
As the regulatory ground continues to shift under the feet of capital program owners, effective ROW management will play a crucial role in determining the success of projects on both a state and federal level. In this future, technology will be the key to unlocking fast, efficient, inclusive, and compliant infrastructure growth with the knowledge and buy-in of each and every stakeholder.
Article by Balaji Sreenivasan, CEO, Aurigo Software.
