Optimizing Transparency and Disclosure to Reduce Right-of-Way Acquisition Duration for Construction Projects in Mississippi

Abstract

Any delays in the right-of-way (ROW) acquisition process can lead to major delays in the construction phase. This paper examines the factors that have contributed to higher numbers of condemnation cases and, by extension, to delays in the ROW acquisition process in Mississippi. Addressing some of the delay factors will allow targeted improvements to reduce condemnation cases and speed the acquisition process. By using a survey of practitioners and previous analyses, condemnation cases, transparency, and Mississippi’s lack of price disclosure in the public record were identified as significant factors that contributed to delays in the ROW acquisition process. The identified factors that contributed to acquisition delays at the Mississippi Department of Transportation and the survey results were used to develop a new recommended process, changing the state law to reduce the number of condemnations, increase the number of parcels acquired through negotiation, and enhance the overall efficiency of the ROW acquisition process. The recommended new process was tested and validated on an active project that contained 32 parcels in which 10 (31%) parcels were considered for condemnation. Using this new process, only one parcel (3%) was condemned and the other nine parcels (28%) were prevented from condemnation. This new process significantly reduced the duration of ROW acquisition by reducing potential condemnation cases and enhanced the negotiation and the overall acquisition process. The new process is simple and readily applicable for the acquisition policies and procedures of any transportation agency.