CDOT Form 227 "Recommendation for Settlement" - Colorado

What Is CDOT Form 227?

This is a legal form that was released by the Colorado Department of Transportation - a government authority operating within Colorado. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on December 1, 2005;
  • The latest edition provided by the Colorado Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of CDOT Form 227 by clicking the link below or browse more documents and templates provided by the Colorado Department of Transportation.

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Download CDOT Form 227 "Recommendation for Settlement" - Colorado

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COLORADO DEPARTMENT OF TRANSPORTATION
RECOMMENDATION FOR SETTLEMENT
PROJECT/PARCEL IDENTIFICATION
CDOT REGION:
PARCEL NO:
PROJECT
OWNER NAME:
CODE:
PROJECT NO.:
COUNTY:
LOCATION:
TRIAL DATE:
CDOT ATTY:
AG NO.:
TYPE OF SETTLEMENT
ADMINISTRATIVE SETTLEMENT – REGION
LEGAL SETTLEMENT – REGION
ADMINISTRATIVE SETTLEMENT – CENTRAL OFFICE
LEGAL SETTLEMENT – CENTRAL OFFICE
OTHER SETTLEMENT
PROPOSED SETTLEMENT AMOUNT
The amount of the proposed settlement is:
$
The established fair market value is:
$
The amount of variance is:
$
SUPPORT DATA
Owner Appraisal
$
Appraiser
Second Owner Appraisal
$
Appraiser
CDOT Appraisal
$
Appraiser
Second CDOT Appraisal
$
Appraiser
Distribution:
Project Development Branch, ROW Services – Original
Acquisition/Relocation, Project Development Branch, ROW Services
Appraisal/Review, Project Development Branch, ROW Services
Office of the Attorney General
Region
CDOT Form 227
Revised December 2005
Page 1 of 4
COLORADO DEPARTMENT OF TRANSPORTATION
RECOMMENDATION FOR SETTLEMENT
PROJECT/PARCEL IDENTIFICATION
CDOT REGION:
PARCEL NO:
PROJECT
OWNER NAME:
CODE:
PROJECT NO.:
COUNTY:
LOCATION:
TRIAL DATE:
CDOT ATTY:
AG NO.:
TYPE OF SETTLEMENT
ADMINISTRATIVE SETTLEMENT – REGION
LEGAL SETTLEMENT – REGION
ADMINISTRATIVE SETTLEMENT – CENTRAL OFFICE
LEGAL SETTLEMENT – CENTRAL OFFICE
OTHER SETTLEMENT
PROPOSED SETTLEMENT AMOUNT
The amount of the proposed settlement is:
$
The established fair market value is:
$
The amount of variance is:
$
SUPPORT DATA
Owner Appraisal
$
Appraiser
Second Owner Appraisal
$
Appraiser
CDOT Appraisal
$
Appraiser
Second CDOT Appraisal
$
Appraiser
Distribution:
Project Development Branch, ROW Services – Original
Acquisition/Relocation, Project Development Branch, ROW Services
Appraisal/Review, Project Development Branch, ROW Services
Office of the Attorney General
Region
CDOT Form 227
Revised December 2005
Page 1 of 4
SETTLEMENT JUSTIFICATION
Settlement is recommended for the following reasons:
The variance from the FAIR MARKET VALUE appears substantial and the proposed settlement
cannot be justified in accordance with Federal Aid Regulations. If settlement is made as
proposed, $
of the amount of VARIANCE should be taken as non-participating.
REGION APPROVAL
Recommend Settlement
:
Right of Way Specialist
Trial Attorney
Date
Approved for Settlement:
I concur
Region Right of Way Manager/Supervisor
Date
CENTRAL OFFICE APPROVAL (as applicable)
Recommend Settlement:
Statewide ROW Program Manager
Date
Approved for Settlement:
Chief Engineer
Date
CDOT Form 227
Revised December 2005
Page 2 of 4
INSTRUCTIONS FOR COMPLETION OF RECOMMENDATION FOR SETTLEMENT (FORM 227)
This form is used to provide a self-explanatory narrative of all considerations that support a settlement. The relevant parcel details,
factors considered in the settlement, and reasoning used in arriving at the settlement amount must be clearly explained.
The extent of the written recommendation must be consistent with the situation, circumstances and the consideration involved. The
component parts of the settlement, land, improvements, real estate damages, fees and costs, etc., must be itemized to the greatest
extent possible.
Recommendations for settlement of federal aid parcels must emphasize federal participating items. The participating items to be
emphasized are the factors related to the acquisition value, real estate damages, owner sympathy, recent adverse awards in
comparable cases, and other related factors. Any portion of the increase attributable to nonparticipating items must be identified or
estimated and handled as nonparticipating.
PROJECT/PARCEL IDENTIFICATION:
The following information can be obtained from the legal documents, appraisal, Right
of Way map, and the parcel file:
CDOT Region
Parcel Number
Project Code
Owner Name
Project Number
County
Location
Trial Date
CDOT Attorney
Attorney General Number
TYPE OF SETTLEMENT:
Identify the settlement type; Administrative Settlement, Legal Settlement, or other
settlement.
RECOMMENDED SETTLEMENT:
Each component of the settlement must be itemized to the greatest extent possible in
the Settlement Justification section. For all-inclusive settlement, if the actual amount
attributed to each component cannot be documented, the negotiator must estimate a
reasonable amount for each appropriate component based on all available information
for the parcel and known amounts for similar parcels previously settled.
SUPPORT DATA:
Any appraisal documentation or claims that have been provided by CDOT or the
owner must be identified in this section.
SETTLEMENT JUSTIFICATION:
Provide a detailed explanation of why the settlement is recommended. The settlement
justification must address specific details of the parcel and the basis of the counter-
offer, including the criteria set forth in Chapter 10 of the Right of Way Manual, which
support the settlement as being reasonable, prudent, and in the public interest:
Information contained in all available appraisal reports, including the owner’s;
Substantial differences of opinion regarding valuation issues;
Complexity of severance or other issues leading to uncertainty in value;
Handling of legal issues in approved appraisals;
Consideration of time to anticipated title transfer date;
Credibility of expert witnesses;
Likelihood of jury sympathy for the owner;
Possibility of obtaining an unbiased jury;
Recent court awards for eminent domain takings;
Potential cost of litigation; and
Other relevant information.
If the settlement includes a non-monetary benefit, an explanation and quantification of the benefit
must be included. Fees and costs must be supported and be based on the requirements of Chapter
10 of the CDOT Right of Way Manual.
RECOMMENDATION AND APPROVAL:
For settlements within Region authority, this section requires the signatures of the
ROW specialist or trial attorney recommending the settlement and approval by the
Region ROW Manager. For settlements not within Region authority, this section
requires the signatures of the ROW specialist or trial attorney recommending the
settlement, concurrence by the Region ROW Manager, recommendation of the
Statewide Right of Way Program Manager in the Project Development Branch, ROW
Services and the Chief Engineer’s approval. Approval authority must be granted in
accordance with Chapter 10 of the CDOT Right of Way Manual.
CDOT 227
Revised 10/03
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