Office of Right of Way -
Legal Affairs Division
Kathleen Joy, Director, Office of Right of Way, 518-457-2430
The mission of the Office of Right of Way is to acquire real estate in a timely manner for transportation purposes and to manage or dispose of transportation property on terms beneficial to the people of the State of New York.
The Office of Right of Way consists of a headquarters office in Albany and an office in each of the eleven DOT Regions, headed by a Regional Real Estate Officer. Regional Offices of Right of Way consist of four broad functional areas:
Please contact the appropriate Regional Right of Way Office for additional information, applications, questions and/or other real estate assistance. Right of Way also governs the placement of outdoor advertising signs and devices along the Interstate and Federal-aid primary systems.
Administration/Program Unit
While the Administrative Unit's functions vary from region to region, they act primarily in a coordinating role. The Units monitor expenditures and maintain the Regional Office of Right of Way’s files, maps, and records. They may participate in or direct the Regional Office of Right of Way’s automation and information systems, assist with resource allocations, and coordinate staff training.
The Liaison Officer works primarily on the acquisition program and is responsible for coordinating with the Region’s capital construction projects. Within the Office of Right of Way itself, the Liaison Officer monitors the project acquisition process as it progresses to ensure that all necessary rights of way are acquired in a timely manner to meet Regional and Department highway letting schedules.
Acquisition Management Unit
This Unit consists of three sections:
- Negotiation
- Relocation
- Filed Claims.
The Negotiation Section has the responsibility of providing overall policy and direction for the acquisition activities in the Office of Right of Way; receipt, review and approval of all agreements; all record-keeping and payment processing relating to right-of-way acquisition, deposits and backlog; and has assumed the Office’s role in the railroad preferential right of acquisition process.
Click here to view the “How does New York State Acquire Property for Public Purposes” brochure for more information.
The Relocation Section establishes relocation policy, interprets federal legislation and issues policy directives relating to changes in procedure, approves and processes all relocation payments, issues periodic reports and generally guides the relocation program for the Office.
Click here to view the “If You Must Move… We Can Help!” brochure for more information.
The Filed Claims Section carries the overall responsibility for the policy, procedures and monitoring of claims filed with the Court of Claims that have resulted from our right-of-way acquisitions. They assist the Department of Law in the defense of claims.
Appraisal Management Unit
This Unit oversees and controls the procurement and review of staff and consultant real estate appraisals as required by the Department for the acquisition, rental and disposal of interests in real property. The Bureau is responsible for appraisal and review policies, procedures, standards and specifications. The Appraisal Bureau also conducts periodic examinations for Consultant Real Estate Appraisers.
Property Management
While an active participant in the acquisition phase of Right of Way’s work, its mission is “to manage or dispose of transportation property on terms beneficial to the People of the State of New York.” As with any public agency involved in the collection of money, it is extremely critical that our activities be of a level as to bear both official audit and general public scrutiny. The Property Management Program includes three main activities; surplus property sales, airspace and property rentals, and sign control. Real Estate Specialists assigned to the Property Management Unit, may specialize in one function or work in all areas simultaneously.
The Surplus Property Section is responsible for the inventory and disposal of surplus properties. They provide advice, direction and assistance to the regional staff, regarding the surplus properties, the surplus property inventory and the disposal of properties.
The Airspace/Rental Program Section manages the State-owned parcels until they are needed for transportation purposes or until deemed no longer necessary and sold as surplus.
The NYSDOT Sign Control Unit, under an agreement between New York State and the Federal Highway Administration (FHWA), controls the placement of outdoor advertising signs and devices along the Interstate and Federal-aid primary systems. There is also a Directional Sign Program for motorist information signs within our right-of-way.