Strategies to Optimize Real Property Acquisition, Relocation Assistance, and Property Management Practices

2014 ◽  
Author(s):  
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2015 ◽  
Vol 2500 (1) ◽  
pp. 133-141
Author(s):  
Ioannis Tsapakis ◽  
Cesar Quiroga

Inefficiencies in the process of acquiring and managing real property have a significant impact on transportation agencies' ability to develop and deliver projects effectively. Acquisition of real property is frequently on the critical path of those projects. Delays in acquiring real property are one of the main reasons for project delays and cost overruns. Federal and state agencies are interested in developing strategies for streamlining practices for acquisition of real property. In 2010, NCHRP sponsored a research study to develop improved, integrated real property procedures and business practices within the process of transportation project development and delivery, as well as to develop recommendations for best practices in property management. This paper presents some of the results of that effort and focuses on the improvement and optimization of the current state of practice in acquiring real property by negotiation and condemnation. The analysis resulted in the following research products: (a) an integrated model of the process of transportation project development and delivery, (b) a model for real property acquisition and relocation assistance in accordance with 42 USC 4601 et seq. (not constrained by regulatory encumbrances), and (c) a discussion of issues and challenges affecting project development and delivery that typically involve real property components as well as strategies for addressing those issues and challenges. The discussion includes an analysis of 20 negotiation and condemnation issues and challenges that practitioners identified via a national survey and follow-up interviews as well as 20 corresponding strategies for improvement or optimization.


2017 ◽  
pp. 49-58
Author(s):  
Tetiana Nikolaieva

The topicality of management of public real property is caused by its significant share in the national wealth, long term operation and the need for significant investment for the construction and operation. On the basis of modern theory and best foreign property management practices which are described in other author’s publications the possibility of national statistics to provide sufficient complete picture of the structure and dynamics of state property objects, their value, and information on public capital investment in the real estate construction and maintenance are analysed. In this article information and statistical support of public property management since 1996 is considered in accordance with the time periods with different methodological approaches to property accounting and statistics, relevant data is demonstrated. It is shown that in any of these periods the state could not provide governance with necessary statistical information especially on the public property within fixed assets corresponding to capital investment or in terms of different ownership, financing sources, whether according to the classification of buildings and facilities, of different stages of the life cycle (design, construction, maintenance and operation). The significant progress during the period of 2013-2014 in implementing comprehensive statistics of capital investments and fixed assets on appropriate forms of statistical reporting is shown. It has been proposed the universal sheet (summary table) of public real property statistical monitoring and the corresponding public investment that provides the opportunity to manage public property and budge funds on the basis of macroeconomic indicators.


Property asset management can be defined as the process of decision – making and implementation relating to the acquisition, use, and disposition of real property. This definition applies to both the private and public sectors, even though in the government sector, the term itself was not in common usage until recently. Over last two decades, however, a new discipline has emerged that looks more critically at the important component of public wealth and seeks to apply standards of economic efficiency and effective organizational and resource management. Public sector property management has been regarded as a structured process that seeks to ensure best value for money in serving the strategic public sector needs and enhancing the economic development and competitiveness. There are governments that are only beginning to seek improvements in the management of publicly owned property with a goal of putting into use various types of government asset items, under the supervision of professional management, with a view to ensuring quality public services and welfare to the citizens, governments that have just recently embarked in the long term financial management reforms and strategic public sector property management reform in particular, and governments called “advanced reformers” offering their conceptual and valuable practical experience in the sphere of public property management. Starting from the concept that public authorities have to be fully accountable to the public and that the whole of government assets need and can be effectively managed, and widely accepted thesis that effective government asset management is a very important generator for creating a supportive entrepreneurial environment, and raising the competitiveness of the entire economy, in this paper we analyse the drivers of international property management reforms in the public sector and provide a comment on public sector property management in developed countries and (post) transition countries. Then we analyse the characteristics of commenced public sector property management reform in Croatia which may be considered as challenges ahead of Bosnia and Herzegovina authorities in structuring their national public sector property management reform, given the current state of play.


2021 ◽  
Vol III (III) ◽  
pp. 149-174
Author(s):  
Anna Dalkowska ◽  
Karol Rzęsiewicz

Adoption of the Act on Special Rules of Eliminating the Legal Effects of Reprivatisation Decisions Relating to Real Properties in Warsaw, Issued in Violation of Law had a substantial impact on the directions of development of administrative courts’ jurisprudence in recent years. New legal provisions and solutions have provided an impetus for administrative courts to set directions for applying the law in the area of reprivatisation of Warsaw real properties. Some of its fundamental issues are those that involve determining the meaning of the premise of possession, laid down in Article 7(1) of the Warsaw Decree, as the positive condition for filing the restitution application and applying for compensation for land expropriated pursuant to Article 215(1) of the Act on Real Property Management.


2016 ◽  
Vol 22 (4) ◽  
pp. 360 ◽  
Author(s):  
Stephen T. Garnett ◽  
Mark Kleinschmidt ◽  
Micha V. Jackson ◽  
Kerstin K. Zander ◽  
Stephen A. Murphy

The attitudes of the owners or managers of properties potentially supporting populations of night parrot (Pezoporus occidentalis) in western Queensland, Australia, were explored using interviews to understand whether they would be sympathetic to the species’ conservation. Eighteen interviews were carried out by a former member of the local grazing community and found a high level of support for conservation, especially if it did not unduly disrupt existing grazing management practices and there was compensation in the event property management needed to change. This included trying to limit burning and not overgrazing habitat in which the parrot might occur. It also included the cessation of wild dog baiting, which is conducted to reduce calf losses, although concern about wild dogs was deeply entrenched. While some graziers were indifferent, none were openly antagonistic to parrot conservation that might involve their property. The results suggest that collaborative management with local graziers can contribute substantially to conservation of the night parrot in the region and any fears that graziers might be antagonistic to night parrot conservation are ill-founded.


2020 ◽  
Vol IV (IV) ◽  
pp. 20-34
Author(s):  
Kamil Zaradkiewicz

The Act of 4 April 2019 on amending the Act on Real Property Management added a provision temporarily limiting the possibility of demanding restitution of the expropriated property. On the basis of the new provision, the right of the previous owner or its legal successors to restitute the expropriated property has ceased to be of perpetual nature. This right may not be exercised, as it previously was the case, at any time, as it expires 20 years from the date on which the decision to expropriate became final. This solution should be assessed negatively, as it deepens the non-constitutional nature of the statutory mechanism of restitution of expropriated real property, which makes the demand for restitution dependent on whether the public objective has been assumed (i.e. started to be implemented). If this is the case, then, in the light of the Real Property Management Act of 1997, the restitution of real property can never be claimed, and therefore even if such an objective in the future ceases to be implemented (e.g. as a result of the end of the operation of the real property as part of a public investment). However, in the light of the constitutional arrangements relating to the guarantee of ownership, the right to restitution of the expropriated property should always be vested in the expropriated owner or his/her legal successors whenever the public objective justifying the expropriation has not arisen as well as when it ceased to be implemented. In any event, the condition for claiming restitution shall be a claim made by the person concerned and a return of an appropriate, indexed sum paid as compensation for expropriation. The constitutional principle of the protection of individual status of property of the owner results in the “conditionality” of the transfer of ownership by way of expropriation to the State or another entity. Any existence and implementation of an appropriate objective justifying the expropriation for a public purpose, grants of the ownership and its permanence on the part of these entities. As a consequence, also the possible expiry date of the claim for the restitution of the property, expropriated after the expiry of the public purpose, should run from the time of such expiry and not from the moment when the decision about expropriation became final.


Author(s):  
Kanyapa Aramraks ◽  
Tomoyuki Gondo

This study examined Bangkok's condominium management system with a particular focus on the role of property management companies as members of juridical persons. The number of condominiums in Bangkok has been proliferating rapidly, particularly in areas near the mass rapid transit system. The Thailand Condominium Act requires that a condominium juridical person be registered upon transfer of ownership of the first condominium unit. This study's analysis of data collected from interviews with 16 condominium juridical persons found that there are three types: 1) property management companies; 2) juridical person employees; and 3) a combination of 1) and 2). All but one condominium-which used the mixed management type-had hired property management companies to oversee management and maintenance. Reasons cited for this overwhelming preference included insufficient management and maintenance knowledge among juridical employees, and limited beneficial connections with outsourcers and suppliers among juridical person employees. The interview results demonstrate that the responsibilities of property management companies extend beyond their job description and include caring for residents, seeking solutions for condominium problems, and creative thinking for innovative proposals for alternative management practices.


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