Rev 04/2020

NOTICE OF INTENT TO ACQUIRE

AND

GOOD FAITH OFFER

FOR AN EARLY ACQUISITION

Click or tap to enter a date.

[Insert name of owner - should match name on title report]

[Insert address where owner resides]

[Insert city, state, zip code]

Re:	[Insert County-Route-Section]

Parcel Number:	[Insert parcel number to be acquired per highway plan]

Interest Acquired:	[ODOT is acquiring the entire property]

TO:	[Insert name of owner - should match name on title report]

NOTICE OF INTENT TO ACQUIRE

The Ohio Department of Transportation (ODOT) needs to acquire Parcel [Insert parcel number to be acquired per highway plan] from you for the [Insert County-Route-Section] highway transportation project.

This acquisition requires [insert-describe if acquisition is a total taking or a partial taking leaving a residue]. The real property needed from you is for an early acquisition project for the purpose of [insert – from RW Plans, go to Title Page, upper right-hand corner, Project Description]. The legal description of your property that ODOT needs for the highway project is referred to as Exhibit A and is part of this offer. This notice describes your basic protections as provided by law.

HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS UNDER THIS EARLY ACQUISITION PROJECT:

1.	Your real property is needed for an Early Acquisition (EA) Project. An EA Project is the acquisition of real property interests prior to the completion of the environmental review process (NEPA) for a proposed transportation project into which your property will be incorporated.

2.	This acquisition is voluntary on your part and ODOT will not use its power of eminent domain at this point in time. As the owner of the property, you have the right to refuse ODOT’s offer. Similarly, you have the equal right to negotiate with ODOT. If you and ODOT cannot agree on the price or other terms ODOT will not acquire your property at this time.

3.	In the event you and ODOT cannot reach an agreement to sell your property to ODOT nothing more will be done at this time. However, termination of negotiations does not preclude the future possibility that ODOT will continue with its environmental review process and once ODOT completes its review and public involvement process of the project’s environmental impacts it may again make an offer to purchase your property. This offer would be subject to ODOT’s authority to appropriate real property for a highway transportation project.

4.	The Good Faith Offer included with this Notice of Intent to Acquire is ODOT’s determination of the fair market value estimate of your property. This fair market value estimate (FMVE) is the estimated amount of compensation offered to you by ODOT for real property owned by you that is needed for the highway project.

5.	You will have a minimum of 30 days from the time you receive this Notice of Intent to Acquire and Good Faith Offer for an Early Acquisition to accept or reject it. We are available to discuss the offer with you at any time.

6.	ODOT is making a good faith effort to purchase the following property from you: [Insert the property right(s), e.g. Parcels 3-WD or 3-WL].

7.	During the initial offer, ODOT will provide you with a written offer and will also provide you a copy of the valuation document that the offer was based. The amount offered to you will not be less than the approved fair market value estimate of the property needed for the project. This compensation is based on the valuation of your property by qualified real estate personnel who have analyzed current market data. Their valuation work has been reviewed by a preapproved review appraiser prior to ODOT establishing its fair market value estimate for your property needed for the project.

8.	You do not have to accept this offer and ODOT is not required to agree to your demands.

9.	You will be provided with a booklet entitled “When ODOT Needs Your Property”. This booklet briefly explains ODOT’s general acquisition process and your rights in that process. Please be aware that this is an early acquisition project and as such ODOT will not exercise its right of eminent domain (appropriation) as described in the booklet.

10.	If the acquisition from you causes you, your tenant or personal property to be displaced, then the displaced person may be eligible for relocation benefits. Relocation eligibility occurs as a direct result of a binding agreement for the purchase of the real property interest. A relocation agent will explain the relocation offer and benefits if there is a displacement.

11.	ODOT’s negotiations with you will be suspended if we cannot come to an agreement on this early acquisition and we will issue to you a “Notice Ending Negotiations”. Any negotiations resumed in the future will begin with the issuance of a new Notice of Intent to Acquire and a Good Faith Offer.

THE GOOD FAITH OFFER

The amount offered to you in good faith as just compensation for this acquisition is:

Real Property To Be Acquired ………………-…………

Damages to the Residue (if any) ………………………….

Total Good Faith Offer ……………………………………	$0.00

Tenant-owned improvements, if any, are to be identified in this Notice to Acquire and Good Faith Offer, and if there are any such improvements, the amount offered to you does not include compensation for these improvements: Choose an item.

Your property may be encumbered with a mortgage lien as security for a loan. It is possible that ODOT may conclude this acquisition of property without obtaining a partial release of such mortgage lien from your lender. In that event, you as the borrower and grantor of the mortgage lien should consult your loan and mortgage documents concerning possible requirements to apply proceeds from a public acquisition to your outstanding loan balance or contact your lender about responsibilities and obligations when part of your property is acquired for public use.

While ODOT may not provide legal advice, we will make every effort to answer any questions you may have concerning this process and will provide you with copies of the law or of our records that you may need to fully understand your rights, the project, and the process. If you have any questions concerning this matter, you may contact us at:

Ohio Department of Transportation

Choose an item.

Choose an item.

[Insert phone number of District office]

[Signature of contact person - Delete this instruction from final version]

[Insert typed name and title of contact person

[If person is a consultant, Insert - Agent of (name the consulting company)]

[Insert phone number of contact person]

ACKNOWLEDGMENT OF RECEIPT

OF

NOTICE OF INTENT TO ACQUIRE AND GOOD FAITH OFFER FOR AN EARLY ACQUISITION

Re:	[Insert County-Route-Section]

Parcel Number:	[Insert parcel number to be acquired per highway plan]

Interest Acquired:	[ODOT is acquiring the entire property]

Each of the undersigned acknowledges that a copy of the foregoing Notice of Intent to Acquire and Good Faith Offer for an Early Acquisition was delivered to the undersigned by ODOT. This Acknowledgment of Receipt of Notice of Intent to Acquire and Good Faith Offer for an Early Acquisition does NOT indicate or imply in any way that the undersigned has waived or will waive any objections the undersigned might have to ODOT’s efforts to acquire the undersigned’s property. Furthermore, the undersigned’s signature on this Acknowledgment of Receipt of Notice of Intent to Acquire and Good Faith Offer for an Early Acquisition does NOT indicate or imply in any way that the undersigned has accepted or will accept any of the terms, provision or conditions set out in this Good Faith Offer.

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(Owner’s signature)	(Date)

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(Print owner’s name)

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(Owner’s signature)	(Date)

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(Print owner’s name)