The Kentucky Transportation Cabinet (KYTC) frequently acquires property to secure the right of way for transportation projects. Some property may eventually be declared excess and deemed surplus, enabling the Cabinet to dispose of it. Excess property can be declared surplus by an official order of the Secretary or Commissioner of the Department of Highways. Current law and policy require that KYTC undertake a 21-step process to dispose of surplus property, including reviews by the Governor, Finance and Administration Cabinet, and several KYTC personnel. The Cabinet lacks the personnel required to undertake the lengthy disposal process. This report provides background on KYTC’s surplus property disposal process, including definitions and processes with information drawn from the Right of Way Guidance Manual, and explores methods of surplus property disposal used in other states. It highlights which aspects of the disposal process other transportation agencies have outsourced to private consultants. Of the 14 states examined, several aggressively pursue the disposal of surplus property and employ consultants to assist with various facets of the process, including surveying, preparing land or legal descriptions, mapping and inventorying excess parcels, and selling property. The Appendix includes a sample Request for Proposals (RFP) template KYTC may considering using if it plans to re- train a consultant to assist in any or all aspects of the surplus property disposal.

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© 2018 University of Kentucky, Kentucky Transportation Center

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The contents of this report reflect the views of the authors, who are responsible for the facts and accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the University of Kentucky, the Kentucky Transportation Center, the Kentucky Transportation Cabinet, the United States Department of Transportation, or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation. The inclusion of manufacturer names or trade names is for identification purposes and should not be considered an endorsement.