Access to Property

Some of the 11 groundwater plumes extend beyond the boundaries of the MMR into densely populated areas. One critical element in the success of the cleanup effort is obtaining permission from property owners to install monitoring systems on their properties. The Environmental Protection Agency (EPA) recognizes that permission to enter a property may not be easily obtained. This may result in requests for and consideration of extensions of agreed-upon enforceable deadlines.

At the MMR, the Air Force has had great success in obtaining permission to enter individually owned property and to install monitoring wells for determining the extent and levels of contamination within the plumes.

Once the Air Force, in cooperation with regulatory agencies and the public, determines the cleanup option best suited for each plume, the Air Force’s real estate leasing and acquisition process begins.

Property can be acquired outright or limited rights to use the land can be acquired through an easement, lease, or license (in such cases, title to the land would remain with the landowner). The Air Force decides whether to obtain the land outright or to acquire a lesser interest based on the use for which the property is needed.

Several laws and regulations govern the procedure by which the Air Force acquires property. Before acquisition can take place, Congress must authorize the Air Force to acquire the property. Congress approves the total amount of money to be spent and the total acreage of property to be acquired. After the project has been authorized and funds have been appropriated, the Air Force may proceed with acquiring property.

The Air Force must identify each parcel of land required for the cleanup project. A Real Estate Specialist from the U.S. Army Corps of Engineers determines who holds the title to the property and then contacts the property owner. The specialist will explain exactly what property is needed for the cleanup, how it will be used, and how long it will be needed. He will also outline the type of contract that the Air Force wishes to develop with the property owner. Negotiations for the contract ensue until all parties are satisfied and an agreement is signed.

An environmental baseline study is conducted on each parcel to document the current environmental condition of the land. Other environmental studies may be required to determine if construction activities would harm the environment. The Air Force may need to conduct an appraisal of property to be acquired and to obtain information on the ownership of each parcel of land. Boundary surveys or other land surveys may be required, and maps may be needed to show the proposed and as-built locations of cleanup systems. The time needed to complete each stage of the process may vary, depending on the characteristics of each parcel of land (for example, whether several persons own the land, or whether the property owner can be reached).

Once the Air Force no longer needs the acquired property and depending upon the use of the property, the Air Force will restore the property to its original condition or, if appropriate, leave system components, such as wells, in place. Throughout the process, the Air Force is committed to working closely with the community and individual property owners to be sensitive to their individual needs and to keeping the cleanup program moving toward completion.

For more information about property access, please call Ray Cottengaim, U.S. Army Corps of Engineers, 508-968-4670, x4944.

Typical Monitoring Well