Minnesota Department of Transportation

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Contaminated Materials

Environmental Due Diligence process and property acquisition

The presence of contamination on properties can complicate transactions such as acquisition, leasing and conveyance. Environmental regulations, liability and effect on property value should be considered before completing property transactions.


All property acquisitions, whether by MnDOT or by Local Units of Government, must be assessed by the Contaminated Materials Management Team through the Environmental Due Diligence process using the Right of Way Electronic Acquisition Land Management System. See Environmental Due Diligence for Property Acquisition.

Property acquisitions include:

  • Temporary orders through Commissioner’s Orders
  • Temporary right to construct
  • Temporary easement
  • Permanent easement
  • Fee
  • Turn-backs
  • Leases/permits
  • Transfer of custodial control
  • State aid actions
  • Shared facilities
  • Railbank


District provides general project area information, including end-points of the project. The Contaminated Materials Management Team reviews the information and provides a determination if additional investigation is needed. If so, EDD-2 is requested. This review includes comparing the project location against known contamination, historical data and other information.


District provides additional specific parcel information which CMMT evaluates. If necessary, environmental investigations are conducted on potentially contaminated parcels. The Contaminated Materials Management Team works with Office of Land Management at the completion of EDD-2 to approve parcels for acquisition.


EDD-3 is reserved for high risk acquisition sites, such as SuperFund sites, that cannot be addressed with project design changes. MnDOT’s Deputy Commissioner/Chief Engineer must review and approve acquisition.

Cooperative construction projects

Cooperative construction projects use a similar process. However, in lieu of using REALMS the following forms should be completed:

The EDD process is detailed in the Right of Way Manual, Section 137.1.