Best Practices for Identifying and Managing Prior Rights and Prescriptive Rights Claims

Recently completed NCHRP Research Report 1054: Acquiring Utility Property Interests and Reimbursing Utility Relocation Costs: A Guide included the development of guidelines for practitioners on how to approach the acquisition of utility property interests and reimburse utility owners for eligible utility relocation costs. While the report revealed multiple practices regarding prior rights and prescriptive rights claims, the scope of the research did not include (1) a comprehensive review of pertinent laws, regulations, and standard practices; (2) documentation of case studies aimed at identifying best practices; and (3) development of implementation recommendations to guide state departments of transportation (DOTs). This project will address gaps in the prior research, including: (1) quantifying the time and cost it takes to remedy such issues and (2) assessing how each state’s legislation, along with its own policies and procedures, can affect its future property interest in the right-of-way. This impact is also affected by changing laws and regulations at the federal, state, and local levels. These concerns emphasize the need for research to develop a comprehensive framework to identify and manage all types of compensable and non-compensable property interests. OBJECTIVE: The purpose of this research is to develop a compendium of best practices for identifying and managing prior rights and prescriptive rights claims in connection with utility relocations and supporting documentation for reimbursement in conformance with 23 CFR 645.111. For the purpose of this research, “prior rights” shall mean owning a property interest; however, this definition does not include prescriptive rights claims.

• Record URL:
  • http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=5862
• Supplemental Notes:
  • Contract to a Performing Organization has not yet been awarded.

Language

• English

Project

• Status: Proposed
• Funding: $600,000.00
• Contract Numbers:

  Project 11-09

• Sponsor Organizations:

  National Cooperative Highway Research Program

  Transportation Research Board
  500 Fifth Street, NW
  Washington, DC  United States  20001

  American Association of State Highway and Transportation Officials (AASHTO)

  444 North Capitol Street, NW
  Washington, DC  United States  20001

  Federal Highway Administration

  1200 New Jersey Avenue, SE
  Washington, DC  United States  20590
• Project Managers:

  Brooks, Michael

• Start Date: 20251022
• Expected Completion Date: 0
• Actual Completion Date: 0

Subject/Index Terms

• TRT Terms: Best practices; Costs; Policy, legislation and regulation; Public utilities; Relocation (Facilities); Right of way (Land); State departments of transportation
• Subject Areas: Construction; Highways; Policy;

Filing Info

• Accession Number: 01956438
• Record Type: Research project
• Source Agency: Transportation Research Board
• Contract Numbers: Project 11-09
• Files: TRB, RIP
• Created Date: May 28 2025 10:03AM