north texas news - irwa chapter 36...2009. he serves as the media contact for trva, gives project...
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Page 1 North Texas News
INTERNATIONAL RIGHT-OF-WAY ASSOCIATION DALLAS-FORT WORTH, TEXAS
March 2018 In This Issue
March Luncheon 1
President’s Message 2
Spring Seminar 3
Director’s Message 4
Young Professionals 5
Alan D. Wurtz Scholarship Fund 6-7
Ask the Attorney 8-9
PDC 12
Education Committee News 13
Membership Committee 10
Advertising Committee 11
North Texas News Since 1960
President KIM HIEBERT, SR/WA, R/W-NAC, R/W-RAC 817.798.8398 Vice President KRISTEN BENNETT, R/W-RAC 972.971.8660
Treasurer LORA GUNTER, SR/WA 817.370.3682 Secretary DALTON VANN, MAI, RWA, R/W-AC 817.962.2371
Director/ 2 YR KAREN STEARMAN, SR/WA 214.794.1014 Director/ 1YR MARCUS BOYD, SR/WA, R/W-RAC 972.979.2850
Chapter Officers 2017-18
March Meeting Lunch Date and Location: March 13 2018; 11:30 a.m. Texas Star Golf Course Texas Star Conference Center
1400 Texas Star Parkway Euless, Texas 76040
$20.00 before the registration deadline. No-shows will be billed.
Featured Speaker: Matt Oliver with Trinity River Vision Authority
Panther Island Central City Project Overview
Matt Oliver has worked in public relations and community out-reach for the Trinity River Vision project since September of 2009. He serves as the media contact for TRVA, gives project updates to a wide range of organizations, manages project messaging and assists with the execution of events related to the project.
Matt will be speaking about the Panther Island Central City Pro-ject overview on March 13, 2018 at 11:30.
Reserve your seat today.
Luncheon Menu
Spring mix with raspberry vinaigrette, roast beef in burgundy mush-room sauce, herb crusted chicken with tomato basil bueree blanc sauce, fire roasted vegetables and buttered mashed potatoes.
Page 2 North Texas News
Kim Hiebert, SR/WA, R/W-RAC, R/W-NAC
President’s Message
Kim Hiebert HDR Engineering, Inc. 600 W. Sixth Street, Suite 200 Fort Worth, Texas 76102 817.798.8398 [email protected]
Dear Chapter 36 Members,
Spring is right around the corner and it can’t get here soon enough! Our very own chapter VP, Kristen Bennett, has been busy planning a fantastic Spring Seminar “Hot Topics in Real Estate and Eminent Domain” which will be held on Friday, April 20th. Back by popular demand, Walnut Creek Country Club in Mansfield will again be the venue for this year’s Semi-nar. The annual Steve Baggott Memorial Golf Tournament held on Thursday the day before the Seminar, April 19th, will be at the Oak Course at Walnut Creek Country Club, whereas last year we played the Pecan Course. If golf isn’t your bag, IRWA Course 102 “Elevating your Ethical Awareness” instructed by Lo-ra Gunter will also be on Thursday. An event registration email will be arriving in your inbox any day.
Does your company want to take advantage of a great opportunity for advertising as well as support our chapter? Then NOW is the time to take action and sign up to be a Spring Semi-nar Sponsor. There is a variety of opportunities to fit everyone’s budget.
IRWA Chapter 35 in Midland is changing to a satellite sta-tus so those members will be transferring their membership to a chapter of their choice. So far we know of five members who have indicated they would like to transfer to Chapter 36. Please welcome Bryant Coon, Justin Thomas, Jodi Traugott, Carissa Welch and Budd Rogers, SRWA.
I look forward to hearing Matt Oliver’s presentation about how awesome the City of Fort Worth is next Tuesday at the luncheon and look forward to seeing all of you there.
My best to you,
Kim Hiebert
Kim Hiebert, SR/WA, R/W-RAC, R/W-NAC
Page 3 North Texas News
SPRING SEMINAR AND GOLF TOURNAMENT
SPONSORSHIP OPPORTUNITES
Bronze Sponsor: $350- will have company name/logo in Seminar program, sponsorship boards, and verbal recognition at BOTH events.
Silver Sponsor: $750 – Includes TWO FREE registrations to be used for the Seminar only. In addition, your company logo in Seminar program, sponsorship boards, and verbal recognition at BOTH events
Gold Sponsor: $1,500 – Includes FOUR FREE registrations to be used for Seminar or Max 2 for Golf. In addition, your company logo in Seminar program, sponsorship boards, and verbal recognition at BOTH events. As a bonus, we will provide signage with your company logo at a golf hole!
Platinum Sponsor: $2,500 – Includes SIX FREE registrations to be used for Seminar or Golf (Mix it up but no more than 4 golf). In addition, your company logo in Seminar program, sponsorship boards, verbal recognition at BOTH events. We will provide signage at a golf hole with your company logo as well as a tent, table and chairs for you to utilize! And as a bonus at the Seminar, we will give your company a brief introduction and your com-pany representative may introduce one of our guest speakers.
Seminar Program Printing Sponsor : Provide 175 copies of the program
and get your logo on the cover page.
Breakfast Sponsor: ($750.00) We will provide signage at the breakfast buffet and your company will be included on sponsor boards as well as in the program.
Lunch Sponsor: ($1,000) We will provide signage at the lunch buffet and your company will be included on sponsor boards as well as in the pro-gram.
Cookie Break Sponsor: ($350) We will provide signage at the cookie table and your company will be included on sponsor boards as well as in the program.
And don’t forget, we need your Company Logo Items for the golf tourna-ment goodie bags too.
To sign up as a sponsor, contact Leighton Gambill, 16910 Dallas Parkway Suite 100, Dallas, TX 75248, (214) 340-5880, [email protected] Sponsorship Deadline is April 6, 2018.
Page 4 North Texas News
Karen Stearman, SR/WA
Director’s Message
Dear Chapter 36 Members:
It is March already! HURRY… the annual Chapter 36 Donald J. Sherwood scholarship awards program is fast approach-ing. We have had a lot of interest and phone calls with ques-tions. This is great fun, a time to honor your kids at college and a little relief for the parents’ bank account, if your youngster is in college. I want to encourage everyone who is a college stu-dent to fill out the scholarship application! This is what you need to share with them: You don’t have to be a straight “A” student. Just show us what you are made of. Send us your transcripts, essays and application. To qualify, the applicant should be enrolled in an accredited college or university as a full-time student, studying a discipline that is related to right-of-way. Not exactly your area of study? Send in your application anyway. We have teachers, musicians, opera singers, real es-tate brokers, and pastors who have joined the industry…don’t be shy. You must, however, be a member of Chapter 36 or a family member of a Chapter 36 member. The application is available on the Chapter 36 website on the HOME page.
Scholarship Committee:
Karen Stearman, SR/WA, Director
Jim Thomas, SR/WA, Education Chair
Michael Hale, SR/WA, Professional Dev. Chair
Karen Stearman, SR/WA
Karen Stearman Real Estate Broker
972.221.9918 [email protected]
Page 5 North Texas News
YOUNG PROFESSIONALS
JIMMY THOMAS, SR/WA Education Committee 817.215.6639 TOMMY MATTHEWS, R/W-AC Education Committee (2YR) 214.924.4550 ROBERT “WILL” SNIDER Education Committee (3YR) 817.332.5522 MICHAEL HALE, SR/WA, R/W-NAC, R/W-RAC, R/W-URAC Professional Development Committee Chair 817.709.6978 SARAH RIEBE Professional Development Committee (2YR) 817.304.2051 JACE WHATLEY, MAI Professional Development Committee (3YR) 214.340.5880 DENISE LOPEZ, SR/WA, R/W-RAC Membership Chair 817.459.6537 LEIGHTON GAMBILL Programs Co-Chair 214.340.5880 JOHN BENNETT Programs Co-Chair 972.971.8661 MARGARET LEIN, SR/WA PR & Marketing Committee 214.486.2206 SHERRY SMITH PR & Marketing Committee 817.215.6588 JUAN SALAZAR Young Professionals Chair 817.371.9428 TJ SMITH Webmaster 469.337.4413 ANDY COX Newsletter Editor 214.740.3154 DORRIEN HIMES Historian 214.202.1471
Juan Salazar
Page 6 North Texas News
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Page 8 North Texas News
Scott Moran, Jordan Miller & Charlie Wilson
Ask the Attorney
Submit Questions About Right-of-Way Matters to
Scott Moran Baker Moran Doggett Ma & Dobbs
1400 Preston Road, Suite 350 Plano, Texas 75093
469.351.3495
Question: Can lost profits from a business be considered in an eminent domain condemnation proceeding?
Answer:
Generally, a landowner may not recover lost profits from a business in an eminent domain proceeding. State v. Travis, 722 S.W.2d 698, 698-99 (Tex. 1987); Dallas Cty. v. Crestview Cor-ners Car Wash, 370 S.W.3d 25, 39 (Tex. App.—Dallas 2012, pet. denied). A business owner cannot recover lost profits as a sepa-rate item of damages over and above the fair market value of the land taken, for the expected loss in profits. Laird Hill Salt Wa-ter Disposal, Ltd. v. E. Tex. Salt Water Disposal, Inc., 351 S.W.3d 81, 95 (Tex. App.—Tyler 2011, pet. denied); State v. Whataburger, Inc., 60 S.W.3d 256, 261 (Tex. App.—Houston [14th Dist.] 2001, pet. denied).
The Policy reason for this answer:
Businesses are not tangible property or real estate and it is the real estate – not the business – that is being taken. State v. Cent. Expressway Sign Assocs., 302 S.W.3d 866, 871 (Tex. 2009). Further, profits derived from a business conducted on property are too speculative, uncertain, and remote to be considered as a basis for computing or ascertaining market value of prop-erty in condemnation proceedings. Moore Outdoor Properties, 416 S.W.3d at 247. Businesses and profits often depend more upon the capital invested, general market conditions, and the business skill of the person conducting it than it does on the business's location. Cent. Expressway Sign Associates, 302 S.W.3d at 871. It is also presumed the owner of a business can relocate and operate his business at another location just as easily as the current one. Id; State v. Moore Outdoor Properties, L.P., 416 S.W.3d 237, 247 (Tex. App.—El Paso 2013, pet. denied).
Page 9 North Texas News
Scott Moran
Ask the Attorney
The Exception:
Texas law allows income testimony or lost profits valua-tions from a business operated on the property to be consid-ered in a condemnation proceeding in two situations: (1) when the taking, damaging, or destruction of property causes a ma-terial and substantial interference with access to one’s proper-ty, and (2) when only a part of the land has been taken, so that lost profits may demonstrate the effect on the market value of the remaining land and improvements. See Cent. Expressway Sign Associates, 302 S.W.3d at 871-72; See also Whataburger, 60 S.W.3d at 261. Absent these situations, income from a business operated on a condemned property is not considered in a condemnation award. Texas courts have even refused to con-sider business income or lost profits in making condemnation awards when there is evidence that the business's location is crucial to its success. Id; See, e.g., State v. Rogers, 772 S.W.2d 559, 561–62 (Tex. App.—Amarillo 1989, writ denied).
Summary:
In practice, appraisers can often try to frame lost profits to fit into one of the two categories that are permissible in Tex-as, but unless they fall directly under those categories they are usually not recoverable. However, barring these type of specif-ic instances, the Supreme Court of Texas has not shown a will-ingness to change its stance on lost profits or the income ap-proach to valuation in regards to a condemnation proceeding.
IRWA on the Web
Page 10 North Texas News
Denise Lopez, SR/WA, R/W-RAC
Membership Committee News
Please join me in welcoming the following new members that were approved at our February board meeting to become part of the IRWA Chapter 36 family.
Rachel Riddle OR Colan Associates, LLC
Luanne Dunn 7-Eleven, Inc.
In addition we would like to welcome the following members who transferred from Chapter 35.
Brant Coon Xcel Energy Jodi Traugott Xcel Energy Carissa Welch Oncor Budd Rodgers Oncor
Justin Thomas
If you haven’t renewed your membership, please do so immediately. Headquarters will drop you as a member by April 15 if dues have not been paid. You can renew online by going to www.irwaonline.org. If your membership expires, so does any certifications or designations you may have through the IRWA. Please take the time to renew, and continue to enjoy all the benefits membership has to offer.
By renewing your membership you stay connected to your profession through Right of Way Magazine, educational programs, and the community of your peers. You also receive reduced member rates when you take a course, attend Association conferences and semi-nars and Chapter meetings and events.
Stay current on changing trends through our annual Federal Agency Update, International Education Conference and Right of Way Mag-azine.
Get credentialed in one of six right of way disciplines - including our highest designation, the SR/WA or Senior Right of Way Professional, increasing your value to your employer, clients and the profession.
Remain connected to your profession at the local, regional and inter-national levels with access to a network of industry experts and peers.
Denise Lopez, SR/WA, R/W-RAC Committee Chair
City of Arlington
817-459-6537
Page 11 North Texas News
The Advertising Campaign for 2018 was a great success and the Marketing Committee would like to express how much we ap-preciate the support of those that have chosen to advertise in the Chapter 36 newsletter and website for 2018! Your financial support covers the cost of maintaining the Chapter’s website.
Thank you to the following companies that have, once again, stepped up and supported Chapter 36 by advertising in the newsletter and website!
Baker Moran Overland Pacific & Cutler LLC Charles Stearman, SR/WA Paragon Partners Ltd. Commercial Appraisal Associates Paramount Valuation Services Donnie J. Sherwood LLC Pyles Whatley Corp. Dunaway Associates Sendero Acquisitions LP The Harry Company Stateside Right of Way Services HDR Universal Field Services Inc. JLL Valuation & Advisory Services O’Brien Realty Advisors Oncor Electric Delivery Company WFG National Title Wheelhouse Land & Field Services Westwood Multi-Disciplined Surveying & Engineering And a big welcome to our two newest advertisers! CBRE Valuation and Advisory Services Blackbird Right of Way LLC
IRWA Chapter 36 Advertising Committee
Sherry G. Smith, SR/WA Co-Chair PR & Marketing
Oncor Electric Delivery Company 115 W. 7th Street, Suite 1010
Fort Worth, Texas 76102 817-215-6588
Margaret Lein, SR/WA, R/W-NAC, R/W-AMC
Co-Chair PR & Marketing Oncor Electric Delivery Company
7309 Frankford Road Dallas, Texas 75252
972-985-2058 [email protected]
Margaret Lein, SR/WA, Sherry Smith, SR/WA
Page 12 North Texas News
Michael Hale, SR/WA, R/W-URAC, R/W-NAC, R/W-RAC
Professional Development Committee
IRWA certifications and designations are terrific assets for all right of way practitioners. The experience and knowledge you gain working in the right-of-way profession coupled with the educational courses offered by IRWA can launch you to the next level in your right-of-way career. Our chapter PDC is here to help you with practical guidance and assistance. The first step is for you to map out a realistic plan for yourself, identifying what right-of-way experience you have, what you need, and what IRWA coursework you require to obtain your professional certification or designation. Set up an annual plan for ad-vancement with your employer or supervisor so you may ac-complish your professional IRWA goals in concert with the de-mands of your job. Remember, both you and your employer benefit from your recognition as an IRWA professional.
Congratulations to the following members for their recent certifica-tions:
Kristen Bennett, Senior Right of Way Professional (SR/WA)
Gaston Hardy, Right of Way Professional (RWP)
Johnathan Rivera, Right of Way Agent (RWA)
Pam Thomas, Right of Way Agent (RWA)
Michael Hale, SR/WA, R/W-URAC, R/W-NAC, R/W-RAC
Committee Chair
Cobb Fendley
817-445-1016
Page 13 North Texas News
Greetings Chapter 36 members!
First, we want to be sure to thank Oncor for hosting Courses 504 and 505 for us in February! Thank you all for your continued support of Chapter 36 and our education efforts!
Looking ahead, please see our Education Schedule below for upcoming education opportunities that our Chapter has put together. We have plenty of available seats in these courses so please take the opportunity to come and learn from our great lineup of instructors!
Please remember that in order to qualify for the Chapter 36 member discount and the Region 2 YP discount, you MUST register through the course coordinator listed on the registration brochure!
Don’t forget to check the websites of other chapters in the region for upcoming classes that may not be posted to IRWAOnLine yet.
For a complete list of registration forms, fees and all discounts offered by the Chapter, please visit www.irwachapter36.org/education.htm.
Jim Thomas, SR/WA, Chair
Jim Thomas, SR/WA Committee Chair
Will Snyder Member (3 YR)
JLL Valuation & Advisory Services [email protected]
Tommy Matthews, R/W-AC
Member (2 YR) Edgestone Realty Valuation
Jim Thomas, SR/WA
Oncor Electric Delivery Company
1600 Bryan Street, EP 28
Dallas, Texas 75201
(214) 486-3208
Education Committee News
Education Committee
IRWA Chapter 36 Education Schedule - 2018 Course Date Location Instructor
218- Right -of-Way Acquisition for Electrical Transmission Pro-jects
March 21-22, 2018 Oncor - Fort Worth Wayne Wright
Course 102/Spring Seminar Elevating Your Ethical Aware-ness
April 19, 2018 Walnut Creek CC Lora Gunter
SRWA Study Session April 30– May 2, 2018 TNP—Fort Worth Donnie Sherwood
501– Residential Relocation Assistance
May 15-16, 2018 Oncor- Fort Worth
Kristen Bennett
213– Conflict Management September 9, 2018 Oncor - Fort Worth Mark Thigpen
603– Understanding Environmen-tal Contamination
Fall 2018 TBD TBD
Which Courses Do I Need?
Only the PDC can tell you which class you need to complete the edu-cation requirements for designation and certification. If you are plan-ning to get your RWA, RWP or SR/WA the list of courses you need to complete your credentialing are located at www.irwaonline.org. Just visit the "Credentialing" tab. You can also download an Excel file that allows you to check on your course progress as you go and see how many classes you have left. That download is available on the IRWA Chapter 36 Education page or http://www.irwachapter36.org/pdf/credential.xlsx.