The Right of Way Bureau is responsible for acquiring and managing all property for the NMDOT to allow for the construction and maintenance of projects. We identify property owners, provide title reports, appraise affected properties, review the appraisals, and negotiate and acquire these properties in a compassionate and cost-effective manner. The section also manages NMDOT properties, including sales, leases, encroachments, and various other property management responsibilities.

Lands Abstracting - Ensures good and merchantable title through determination of legal ownership of property to be acquired. This includes:

• Production of all current ownership and 33-year title reports needed for the appraisal, acquisition, and condemnation of lands and/or interests in lands, as required by the Department.
• Providing a compilation of all documentation and plats showing existing Right of Way acquired by deed, condemnation, or dedication.

Budget and Audit

• Establishes contractual services agreements, audit, and process payment packages for appraisal fees, acquisition, relocation, title abstracting, and utility services contracted by the Right of Way Bureau.
• Initiates project authorization, maintains ledgers for all Right of Way project activity, and serves as a liaison for Funding Control/Project Billing concerning claims to FHWA for expenditures and encumbrances.

Valuation - This unit is responsible for the appraisal functions, and the appraisal review functions of the Valuation Unit of the Right of Way Bureau

• Responsibilities consist of the research and analysis of data necessary to provide supportable estimates of value and the preparation of appraisal reports, feasibility studies, and market analysis in accordance with state and federal law, and governing professional appraisal standards.
• The review unit reviews and prepares evaluation of appraisals submitted by the initial appraiser.

Acquisition

• Acquires real property interests or any necessary interests therein for highway projects.
• Contacts all property owners promptly via certified mail or personally when feasible.
• If owners aren't in agreement with the offer the agent would advise the property owner, by Letter of Intent, of his/her right to have the fair market value of his/her property established by the courts through condemnation proceedings. This is determined when negotiations are at an impasse.

 Relocation/Specialty Units

• The Relocation Unit is responsible for implementing the relocation assistance program. The purpose of this program is to endure that persons displaced as a direct result of state, federal, and/or federally-assisted projects are treated fairly, consistently, and equitably.
• The Tribal/Local Government Agencies Unit monitors, approves, and offers guidance through various milestones in the process of acquiring Right of Way by municipalities for federal aid projects. This Unit also negotiates with Tribal entities to acquire land for highway projects.
• Water Acquisition is responsible for the sale, leasing, transfer and recordation of all Department water rights. This Unit will file any and all permits with the NM Office of the State Engineer pertaining to water issues.
• The Government Lands Unit is responsible for acquiring Right of Way that is owned by any Government entity.

Property Management

This Unit is responsible for the management of property acquired for highway projects including highway Right of Way and Non-Right of Way. Its main function is to prepare and maintain inventories of excess property and improvements acquired by the NMDOT for highway program purposes that are in excess of NMDOT needs and available for sale or lease. Other tasks include processing abandonments, encroachments, subdivision reviews, and other property issues.

Utilities

The objective of the Utilities Unit is to provide all the necessary services required to effectively accommodate, coordinate and/or relocate utility facilities within the highway project limits. The Unit is also responsible for providing Subsurface Utility Engineering (SUE) services statewide through an on-call contract. SUE establishes the location of existing underground and/or overhead utilities within the proposed project limits of various construction projects, and determines utility impacts on those projects.

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