State of Montana
This position ensures compliance with the Right of Way Manual policies and procedures, MOM Volume I, Montana Codes Annotated (8-14) and the Codes of Federal Regulations 23 and 49. The actions taken by the incumbent affect the overall function of the Department, primarily compliance to assure continuing federal funding for construction projects. The position reports to the Acquisition Section Manager and does not supervise other agency personnel.
Major Duties and Responsibilities:
Audit Compliance and Overview
1. Performs comprehensive audits of acquisition packets to ensure MDT staff and acquisition consultants conform within laws, regulations, and MDT policies. Reviews complex right of way agreements, legal settlements and condemnations, and contracts; audits payments to close real estate transactions; ensures legal documents, deeds, easements, right of way agreements and histories conform to right of way policies and standards; and notifies the appropriate staff with recommendations to correct any deficiencies to ensure MDT has clear title or interest in acquired land. Ensures that parcel file contains appropriate documentation and justification for all settlements that exceed the Review Appraiser’s determination of value.
2. Prepares project right of way certifications for scheduled bid lettings by generating reports from Oracle project tracking system, reviewing parcel files including legal settlements and condemnations, and contacting district right of way supervisors and staff to ensure all acquisitions and relocation activities have been completed, all acquired improvements have been removed from the right of way, all liens have been addressed, and MDT has possession or ownership of all right of way.
3. Performs comprehensive audit of parcels settled by Legal Services to ensure the parcel file contains documentation of possession or ownership of the required property, documentation that settlements have been justified and approved, and documentation that payments or court deposits have been processed in accordance with the terms and conditions of the settlement or court order. This requires extensive knowledge of accounting policy and procedures promulgated by State and Federal laws.
4. Oversees the detailed Project Closing Reviews on each parcel to determine all terms of the right of way agreement were complete. Reviews documents to ensure clear title was obtained, all payments were made, liens were released, deeds and/or easements were recorded, original right of way agreements and any supplemental agreements were signed and dated, and any land owner damage claims were resolved. For condemnation files, ensures Legal Acquisition Reports, attorney Reports of Possession, and other legal documents are on file and recorded. Queries Oracle to determine if any parcels are open, audits them to determine the necessary actions to close them, and initiates corrective action to resolve open issues.
5. Completes Form 1434, the annual acquisition and relocation statistics report for FHWA, by verifying that accurate and appropriate documentation is contained in the negotiated, administrative, legal, and condemnation settlements to assure compliance for Federal participation.
6. Responsible for ensuring all entries in the 1099S system are accurate and correct. This is accomplished by comparing the entries in the 1099S system to the payments entered into the SABHRS system and by ensuring that the entries meet the eligibility criteria as outlined in the IRS 1099S Requirements. Also responsible for coordinating with appropriate IT Staff to print and mail the 1099S forms by the required deadlines and to complete and submit the 1099S tape to the IRS by the required deadline.
7. Responsible for auditing and reviewing data entered in Oracle Project/Parcel Tracking System to ensure appraisal and review entries are correct and accurate in relation to the parcel acquisition packet.
1. Performs technical duties in managing MDT acquisition records; processes payments for land, acquired improvements, special assessments and miscellaneous right of way expenses; and maintains land acquisition statistics in the Project Parcel Tracking System and the Land Acquisition Statistics Systems in Oracle.
2. Responsible for ensuring MDT obtains clear title to all acquired properties by clearing and releasing all liens on the properties. This requires researching and analyzing any existing liens, preparing the lien releases, securing signatures from lending institutions, processing payments for lien releases and associated fees, and ensuring releases are recorded in the appropriate County.
3. Responsible for processing all claims in the Accounts Payable System in Oracle for payment and expenditures including, but not limited to, right of way acquisition costs, including related private contractor costs, inter agency costs, Outdoor Advertising Control, damage claims, relocation costs, utility costs, corrective title examinations, recording costs, surveys, property taxes and assessments, court deposits, land exchanges and settlement charges that may arise. Claims must be accurately coded to corresponding expenditure accounts using extensive knowledge of state accounting policies and procedures and Cost Coding Manual.
4. Responsible for researching, analyzing, determining the validity of, and resolving claims for payment received from lending institutions, title companies, private landowners, and various local, county, state, and federal agencies. Ensures duplicate payments are not made.
5. Responsible for processing condemnation packets by preparing and sending final offer letters as required; requesting the Right of Way Plans Section to update the exhibits, deeds, and plans and to order litigation guarantees from title companies; prepares statement describing need for legal action; prepares condemnation order for Preconstruction Engineer approval; and transmits condemnation package to Legal Services for legal action. Ensures applicable legal entries are entered into Oracle project tracking system.
6. Makes recommendations for and assists with the development of Acquisition policies, procedures, and instruction manuals. Consults with Right of Way staff, Legal staff, and Accounting staff regarding interpretation and application of policies and procedures relating to Acquisitions.
7. Responsible for ensuring all qualified entries are made on the 1099S Entry screen in Oracle by ensuring all entries meet the eligibility criteria as outlined in the IRS 1099S Requirements.
8. Responsible for ensuring that all Oracle Project/Parcel Tracking System entries are accurate and correct, for completing the final RSS entries to close the parcels in the Project Parcel Tracking System, and entering appropriate information into the Land Acquisition Statistics and 1099S Systems.
9. Works with Accounting personnel to complete quarterly payment reviews to ensure all payments comply with State and Federal accounting policy and procedures and the Cost Coding Manual.
10. Recommends improvements to and tests changes made to the Project/Parcel Tracking System, the Land Acquisitions Statistics System and the 1099S Systems in Oracle. Consults with Right of Way staff, Legal staff, IT staff and Accounting staff to ensure business process requirements and deadlines are met.
1. Responsible for managing all acquisition records. This includes overseeing the parcel files, financial records, and the electronic document filing systems associated with all active acquisition projects.
2. Oversees the recording and filing of all acquisition and disposal documents with the County Clerk and Recorders, Secretary of State, irrigation districts, and numerous financial institutions.
3. Responsible for reviewing and recommending changes to the Records Management and the Acquisitions chapters of the right of way manual. Updates the Acquisitions Section procedure manual for audit, compliance, and records management functions for the acquisition files.
4. Reviews final title policies for accuracy by comparing the policy to the parcel’s title commitment/Litigation Guarantee, parcel’s right of way agreement and the parcel’s document(s) such as a Bargain and Sale Deed, Highway Easement, or Judgment and Final Order of Condemnation.
5. Maintains right of way records including proofreading agreements and related documents; identifies discrepancies in historic records, active files, and electronic data, in order to issue official closing statements on all projects.
6. Generates various factual oral and written reports, research and data to accommodate requests by upper management & legislature concerning acquisition data.
Related Bachelor’s Degree. Acceptable fields of study include Business Administration, Accounting, or a related field.
No prior experience is required.
Extensive knowledge of real estate appraisal, including the principles of eminent domain, real estate law as it applies to land titles and transfer documents, appraisal and acquisition of real property for federal aid projects, and other program functions; contract monitoring, applicable state, federal, AASHTO, and FHWA requirements and standards; technical and legal documentation standards; principles of negotiation and conflict management; and a working knowledge of land surveying, highway engineering and design and construction methods and materials.
Ability to examine, interpret, and translate technical/legal information to varied audiences; ability to use standard office software applications (e.g.., word processing, databases, etc.) analyzing and interpreting statistical information; negotiating consensus on land values and compensation amounts; explaining and defending MDT actions in legal proceedings and formal appraisal reviews; and managing and mediating confrontational or contentious situations with landowners, legal representatives, and others.
Valid Driver’s License.
Equivalent combinations of education and experience will be considered on a case-by-case basis.
This is an MPEA union position. This position is being posted in accordance with the bargaining unit agreement. Non-bargaining unit employees, or employees of another bargaining unit, may apply. If the position is not filled with a bargaining unit applicant, the non-bargaining unit applicants may be considered. However, bargaining unit applicants will have preference.
The above statements reflect the general duties considered necessary to describe the principle functions of the job identified and shall not be construed as a detailed job description of all work requirements that may be inherent in the job.
If you would like a full copy of the Job Profile, please contact the HR Generalist.
The Montana Department of Transportation is committed to continuous improvement of our employee safety program, our safety and health processes, and to achieving an injury-free workplace.
Only electronic applications will be accepted. All required application materials must be submitted by midnight on the closing date. If you need assistance in completing the online application, please contact your local job service. If you need an accommodation with the application process, please contact the HR office at 406.444.6054.
All documents for establishing preference must be received or date stamped by the closing date.
The Montana Department of Transportation is an equal opportunity employer. Women, racial and ethnic minorities, persons of disability, and veterans and disabled veterans are encouraged to apply. Persons with disabilities needing assistance in the application process, or those needing this job announcement in an alternative format may call the Human Resources and Occupational Safety Division, at 406.444.6054.
This position is covered by a VEBA (Voluntary Employee Benefit Association). The successful applicant for this position will be required to participate in the VEBA group. The VEBA group can take part in an annual election. Any questions regarding the VEBA can be addressed to Laurie Edwards, MDT Human Resources Division 406.444.6053.
Applicant Pool Statement:
If another department vacancy occurs in this job title within six months, the same applicant pool may be used for the selection. Training Assignment: Not Applicable
42,731.00 - 42,731.00 Yearly Benefits Package Eligibility:
Health Insurance, Paid Leave & Holidays, Retirement Plan
Number of Openings
: 1 Employee Status: Regular Schedule: Full-Time
: Day Job
: Yes, 10 % of the Time
: Helena Agency: Department of Transportation Union: Montana Public Employees Association (MPEA) Bargaining Unit: 035 - MPEA-MDT-Non-maintenance
: Jan 11, 2018, 2:07:50 PM
Closing Date (based on your computer's timezone)
: Jan 26, 2018, 12:59:00 AM
Required Application Materials:
Sarah Green | Contact Email: firstname.lastname@example.org | Contact Phone: 406-444-7285
State of Montana
Website : http://www.mt.gov/