Acquiring the right of way—any property needed to build roadway projects—is the final major step before a project is put out for construction bids.

Sometimes, it becomes clear in earlier stages that utilities within the project boundaries conflict with the proposed road design. While right of way is being obtained, utility owners move their facilities to allow construction and strive to do so with minimal service disruption.

Although the S.C. Department of Transportation works to reduce the number of homes and businesses affected, it often needs to purchase private property. Throughout the right-of-way process, SCDOT must treat all property owners fairly, thoroughly explain their legal rights, provide just compensation, and offer relocation assistance. Legal action is taken only when a settlement cannot be reached.

Meanwhile, as right of way is negotiated and purchased, the final design plans are prepared to guide the construction phase of the project.