Bisection Clauses

Bisection clauses for condemnation are similar to those used for negotiated acquisitions, which are described in Special Clauses For Conveyance Instruments; however, the format used to describe the specifics involved is varied to accommodate the legal concerns associated with a forced taking. Generally, while OAG may choose to alter the final version of the bisection clauses in order to accommodate a judicial settlement, for the purpose of completing the Special Clause Exhibit as made a part of the form
ROW-E-49 Request for ED Proceedings
and prescribed in Special Clauses For Conveyance Instruments, an owner who does not accept the State's final offer will not be permitted the opportunity to retain either a “Category I” bisected improvement or that portion of a “Category II” bisected improvement lying between the cut line and the highway facility.
Generally, bisection clauses are to be included for each bisected improvement owned by the condemnee. Improvements located upon the land to be acquired but owned by a party other than the condemnee usually do not need to be referenced on the form
ROW-E-49 Request for ED Proceedings
 or Special Clause Exhibit; however, it is best to discuss the merits of such an inclusion with the ROW Program Office prior to the submission of the ED request.
The following examples are intended to represent sample bisected improvements clauses.
 These bisection clauses are to be included on the Special Clause Exhibit.
Category I Bisection
. Where an improvement has been classified as a “Category I” bisected improvement and it will be the intention of the State to acquire title to the whole improvement, including the portion lying outside the area of the land acquisition, as well as the right to enter the remainder for the purpose of removing the improvement, use
AND IN ADDITION THERETO:
Title to all of that (describe improvement as noted on Form ROW-A-10) located partially on the remainder of the herein described parcel, said improvement being bisected by the proposed north right of way line, with the result that the portion of the said improvement lying adjacent to the said right of way line would be in such a condition that it could not be adequately reconstructed at such location, plus the temporary right to enter upon the said remaining property for the sole purpose of removing all of the said improvements.
Category II Bisection
 (on ROW only). Where an improvement has been classified as a “Category II” bisected improvement and it will be necessary for the State to acquire title to only that portion of the improvement located on the new ROW, there is no need to include any bisection clause. However, as it will be the State's responsibility to cut the subject improvement at the line of bisection, it is very likely that the State will need to secure the right to enter upon the acquired parcels remainder for the purpose of making the necessary cut and removal operations. For such occurrences, use;
AND IN ADDITION THERETO:
The temporary right to enter upon the remainder of the herein described parcel for the sole purpose of cutting that (described improvement as noted on the Form ROW-A-10) along the line of bisection, same being coincident with the proposed north right of way line.
Category II Bisection
 (beyond ROW line). Where an improvement has been classified as a “Category II” bisected improvement and it will be necessary for the State to acquire not only title to the portion of the improvement located within the new ROW but also to a portion located on the remainder, it will be necessary to establish the cut line based on structural engineering and appraisal standards. The method for defining the cut line location in the bisection clause will vary depending upon the type of structure and the actual location of the cut. Using reference to either the existing or proposed ROW lines or to definitive and readily identifiable structural monumentation is recommended. For occurrences of bisections of this nature, use;
AND IN ADDITION THERETO:
Title to a portion of that (described improvement as noted on Form ROW-A-10) located on the remainder of the herein described parcel, said improvement being bisected by the proposed north right of way line, with the result that the portion of the said improvement lying between the hereinafter described cut line and the new north right of way line would be in such a condition that it could not be adequately reconstructed at such location, said cut line lying between a point being located on the eastern exterior wall of the said improvement 35 feet north of the most southeast corner of the said improvement, said cut line running coincident with a line running approximately one foot south of the common wall between the storage room and the main office portions of the said improvement, plus the temporary right of enter upon the said remaining property for the sole purpose of making the necessary cut along said cut line and removing all of the described portion of the said improvement.