Real Estate Services -
Acquisition Process

Your Rights on Right-of-Way Acquisition

Why my property?

Sometimes careful preliminary planning, engineering and environmental studies, economic research and cost studies indicate that the proposed location of a roadway through your locality will provide maximum benefit for everyone.  Your property may be affected by this alignment, but an effort is made in every step of the planning process to minimize inconvenience.

Only a part?

If only a part of your property is needed, you will be paid for the part acquired.

How much will I be paid?

An independent licensed appraiser will be hired by the City of Mesa to determine the value of your property at its highest and best use.

The appraiser will contact you and invite you to accompany him or her during the inspection of your property.  You can assist the appraiser by providing information about your property that may enhance its value.

The acquisition.

A City representative will assist you in the unfamiliar process of selling your property to the City.  The project and the effect it will have on your property will be explained, as well as the amount of the City's purchase offer.

Once an agreement has been reached for the purchase by the City, an escrow will be opened with a title company to handle the closing details.

In most cases, the service charges you would normally pay in a private sale, (title insurance, escrow fees, etc.) are paid by the City.  For example,

Income Taxes?

Since tax law and interpretations vary and change from time to time, you should check with your personal tax advisor or your local office of the Internal Revenue Service regarding your particular situation.

What about property taxes and my mortgage?

As in the handling of any real estate transaction, the seller is required to satisfy any outstanding loans, liens or taxes recorded against the property.  In most cases, the City will pay prepayment penalties, service fees and processing fees that are caused by the City's purchase of your property.

What about my house?

In the majority of cases, the house and other improvements on the property are included in the sale to the City.  However, during the acquisition process, the owner may choose to retain all or part of the improvements and move them to a new location.  If the owner decides to retain all or some of the improvements, the value of those improvements will be deducted from the purchase price.

Relocation.

The City works as far ahead of construction as possible to insure that all right-of-way matters are completed before construction starts.  Every effort is made to keep personal inconvenience to a minimum, and allow each family or business sufficient time for relocation.

Would the City pay to relocate my business or home?

A City representative will assess your individual relocation needs at the time of purchase and inform you of the specific relocation benefits available to you.  If you qualify, the City may pay the actual and reasonable costs of a move by a professional mover, plus related expenses.  The relocation costs are limited to a maximum distance move of 50 miles.

Related expenses may include:

• Utility disconnect and reconnect fees
  

• Moving company expenses
  

• Packing and unpacking of personal property
  

• Temporary storage of personal property
  

• Printing costs for new business letterhead

Can I move myself?

Yes. You may elect to receive a lump sum payment for a self-move.  You are then responsible for all costs to move yourself, your family, and your personal property.

Will the City relocate my tenants?

Yes. Tenants occupying the property prior to the City making its first written offer to purchase your property are eligible for reasonable moving expenses.

Can I relocate now instead of waiting for construction to begin?

Yes. You can relocate early if you desire.  However, an early relocation could make you ineligible for relocation benefits.  In general, you must occupy the affected property on the date the City makes its first written offer to purchase in order to be eligible for relocation benefits.

Will the City pay for the loss of business during construction?

No.  The loss of business during construction is not compensable.  However, as with all major projects, the City would do everything in its power to minimize construction disruptions.  There would be open access to and from your business at all times.

What happens if my building or parking area has to be modified due to the City's construction?

The City's goal is to return your property to a condition similar and often better to that existing prior to the construction.  Modifications to your property will be discussed with you during the acquisition process.

What if I do not come to terms with the City?

The City of Mesa will work diligently to negotiate a purchase price that is mutually acceptable to all parties.  In the event a negotiated settlement cannot be reached within the time allotted for the project, the City may elect to use its powers of eminent domain to acquire the needed property.

The City and the property owner can continue to negotiate a settlement during the court process.  If a negotiated settlement is not possible, the amount of compensation will be determined by either a judge or jury at trial.

When will I know something definite?

The answer depends a great deal on the amount of work involved.  Some projects require extensive engineering study, planning and research.  As soon as the information is available, it will be passed along to you.