Right of Way

Balancing Progress and Community

January 11, 2024

By Christie Saenz, Senior Right of Way Specialist, WSB and Ryan Earp, Director of Public Engagement, WSB

New development, infrastructure or construction projects can put a significant burden on residents and communities alike. How do you find and maintain balance between public good and community impact? How do you ensure that outcomes are maximized? Here are a few things to consider.

The Importance of Building Trust

While development and infrastructure projects are essential for the growth of communities, it is critical that residents are engaged effectively and that their concerns are heard. In making decisions related to progress, agencies, government entities, elected officials and other stakeholders, must consider benefits and costs, political dynamics, community sentiments and more. Facilitating an open process and fostering open communication ensures that community members and stakeholders feel heard and respected throughout the process.

Every project brings with it a unique set of circumstances. Some projects stir emotions and encounter opposition. History shows that some projects may create or increase inequities – benefiting some, while disproportionally impacting the disadvantaged. Across any variety of projects, building trust with community members and stakeholders is foundational to success. Further, advancing progress amidst project impacts requires careful listening, community connection and collaboration. All of which is enabled by a deep understanding of who is affected by a project directly and indirectly.

Eminent Domain: Bringing Compassion and Empathy to Difficult Situations

Some development and infrastructure projects require Eminent Domain – the power of government to take property for public use. Eminent Domain can require that homeowners’ or businesses be relocated. This is the social and human cost of progress.

At WSB, Relocation Services play a crucial role in building trust and aiding residents displaced by projects. Establishing relationships and sharing information early in the process is essential. Honesty, integrity and regular communication help to build and maintain relationships.

Relocation Agents often serve as the community’s connection to a project. As such, Relocation Agents must be compassionate, empathetic and provide flexibility in working to meet the needs of individuals who must relocate for the advancement of a project. Relocation Agents work with impacted individuals every step of the way, which can include finding a new home for their family and helping them settle into a new life.

What WSB Can Do: Experience, Compassion and a Proven Track Record

WSB brings a wealth of experience and a compassionate approach to every project. We understand the intricacies of relocation, recognizing that empathy, understanding and active listening is key when working with individual stakeholders and communities experiencing change and transition. At WSB, we have experts in relocation, public engagement and community planning who can help every step of the way.

Candidate Conservation Agreement: Right of way preservation creates viable habitat for butterflies

By Alison Harwood, Director of Natural Resources, WSB

The U.S. Fish and Wildlife Service (USFWS) is investigating threats to the monarch butterfly. The monarch is being considered to join the list of species registered under the Endangered Species Act. The listing decision is expected to occur in December. If listed, projects and activities that involve impacts to the monarch or their habitat could face delays as a result of required USFWS consultation. To avoid potential delays, transportation and energy groups are enrolling in the Candidate Conservation Agreement with Assurances (CCAA) program. The CCAA allows transportation and energy groups nationwide to gain protections for certain covered activities by implementing conservation measures to sustain a viable habitat for monarchs, within the right of way on energy and transportation lands. Enrolling in the program can help these groups avoid costly project delays.

Protecting our environment allows us to work with nature, not against it.

The monarch butterfly is a beautiful sight, with its brilliant red-orange wings, black veined exterior and white spotting. However, this attractive pollinator is not something to take for granted. The monarch is a vital species in our planet’s ecosystem and contributes to the environment through pollination and as an important food source for birds, small animals and other insects.

Preserving and monitoring butterfly habitat within right of way segments is a top priority for the CCAA and affiliated members. In Minnesota, any stretch of right of way along the road is commonly identified as habitat; except for urban areas that contain no vegetation. This habitat supports milkweed and a variety of blooming nectar plants that monarchs regularly frequent. Before forming a chrysalis, the monarch caterpillar relies on milkweed as its primary food source. Without it, the larva cannot develop into a butterfly.

Monarch habitats are threatened by activities such as mowing, spraying, or grading. If listed and without proper permitting, any damage to monarch habitat as a result of these activities is in direct violation of the Endangered Species Act. Entities in violation of the Endangered Species Act may be fined and unable to continue their project work until proper permitting has been processed and approved.

Morrison County puts conservation measures in place.

WSB recognizes the importance of maintaining, improving and creating a viable habitat. Our Natural Resources team recently partnered with the Morrison County Highway Department to help them determine which segments of right of way require conservation measures. As part of the conservation study, our environmental scientists will calculate and analyze the total acreage of right of way and provide recommendations on conservation best practices (as indicated per the CCAA) such as guidelines for mowing. The CCAA requires each County transportation group to implement conservation measures on five percent of the total right of way area. An approved list of management practices is covered in the agreement for communities to review.

The CCAA program is open for enrollment until the effective listing date (anticipated as December 2021 or January 2022). Members can apply for the program and receive coverage before the ruling is made. Interested entities can only join the CCAA prior to the listing date.

By maintaining, improving and creating a safe habitat, monarchs will have the environment they need to survive and thrive for generations to come.

To learn more about the CCAA and how to enroll, visit their website.

10 benefits of having an experienced right of way professional on your project

By Penny Rolf, Director of Right of Way, WSB

​Enlisting the help of a licensed right of way professional to manage planning, design and land acquisition processes can keep project development moving forward. Right of way experts bring the knowledge and understanding to ensure each phase of development remains in compliance with federal and state regulations. Reviewing current regulations and keeping clients informed can prevent costly schedule delays and contractual or legal issues. Identifying opportunities for grant funding, meeting with property owners to review title information and streamlined data management are ways right of way staff can support project deliverables. Through building strong partnerships and communicating important updates throughout development, they ensure a compliant, equitable approach to navigate the complexities of any right of way project.

Here are ten reasons why you should have an experienced right of way professional on your team.

Over, Under, Through, Across: A Right of Way Rule of Thumb

Ensuring we have the necessary land rights is the first step that we take on all public and private projects. A simple way to determine if you need to consult the Right of Way Department for a new project is to ask the following question:

Does the project or the people who will be working on it have to go over, under, through, or across any land that is not currently owned by your client either temporarily or permanently?

Over: The Right of Way Department often must acquire land for overhead easements and projects that include things like telephone lines, electrical transmission or distribution lines, and other utilities. You may not install anything overhead that crosses private property without an easement providing the right to do so.

Under: Sewer lines, along with various other utilities, are often installed under someone’s land. Whether you need to dig up or directionally bore under private property, installing something under the land requires that rights must be acquired from the property owner.

Through: Any project requiring any access to travel through – or work in/on – any private property requires land rights.

Across: Anything installed across private property, either permanently or temporarily, also requires the right of way process be followed. Sidewalks, trails, roads, and light rail are all great examples of projects that may go across private property.

The Right of Way Department needs to be involved as early as possible on any project that must go over, under, through, or across private land. We follow all federal and state processes when acquiring land for projects. This process can be complicated and take time, but it is critical that we abide by and comply with the law.

Additionally, if federal funding is involved with any aspect of the project, we must act in accordance with the Uniform Act when purchasing land rights from property owners. Not following that process could risk federal funding being rescinded.

Stepping onto private property at any time without the appropriate rights to do so – even temporarily – leaves clients open to both legal and civil consequences.

We provide our clients with the technical excellence and quality projects they deserve. In the Right of Way Department, we are also indebted to our landowners. We must treat landowners fairly and lawfully, and always provide them with just compensation for the land rights our clients need. To maintain this standard of excellence, we always apply the Over, Under, Through, Across rule to all projects from the very beginning.