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Transportation Project Plats
Submitted by
Jim Wallen
The
Wisconsin Department of Transportation (WDOT) is in the process of
making revisions to chapter 84.095 Transportation Project Plats. This
statute allows for the recording of highway right of way plats in the
register of deeds offices. Currently the program is in the pilot stage
and project leaders have now received approval to go ahead with a
development plan. Logistically this is very a complicated undertaking.
It marks a voluntary effort by the WDOT to meet the needs of land record
users now and in the future. Members of several groups (WSLS, WRPLA,
WRDA, WLTA) have been instrumental in working with the WDOT to keep this
effort going. However its path to reality has been rough and still
faces many hurdles. Fortunately there are a number of very dedicated
committee members willing to see this through!
There will
be some details no longer shown that we have been accustomed to seeing
on these plats. Things like remaining acres and owner names. We will
be giving up a little to gain so much more. Those long envelope
descriptions will be a thing of the past and we will now have a single
place to look for the source documents. The deeds will be tied to the
plats and the plats will meet new requirements. Presently the
discussion is for an initial plat to be recorded just prior to the
acquisition of lands. Then just before the project is completed another
“amended plat” would be recorded. This second plat would show all the
changes that have occurred and list the all documents of conveyance.
This would be similar to an “As Built Plat”. Legal descriptions would
reference parcels in the plat like a subdivision and “add on parcels”
would be metes and bounds descriptions tied to the plat. These “add on
parcels” would then be reflected in the final amended plat.
Right of way
plats are very different than a conventional subdivision plat.
Essentially the WDOT is being asked to plat lands that they do not yet
own and hit a moving target besides. Design changes are common during a
project. Some projects stretch out as much as 10 years. Economic
conditions and private developments not even envisioned drive these
changes. There are so many phases of these projects that we are not
aware of. From the relocation orders, appraisals, negotiations on down
to the actual building of the roads. The fact that they are even
considering doing this is a major commitment on their part to improve
land records.
There is a
lot of groundwork to be done before a final process is hammered out.
Legislative changes will be needed and most importantly the staff of the
WDOT must embrace the plan. Ultimately RPL’s should have right of way
plats that they can utilize and legal descriptions that can be
understood. I am committed to this project and will keep the
association informed as things progress. |
