north texas news - irwa chapter 36...mark your calendar for these 2019 irwa events: april 10 – 12,...
TRANSCRIPT
Page 1 North Texas News
INTERNATIONAL RIGHT-OF-WAY ASSOCIATION
DALLAS-FORT WORTH, TEXAS
February 2019
In This Issue
February Luncheon 1
President’s Message 2
Young Professionals 3
Ask the Attorney 4
Advertising Committee 5
Advertisers 6
Education Committee 7
Note from the Editor 8-10
RWIEF Voluntary Investment 11
North Texas News
Since 1960
President
KRISTEN BENNETT, SR/WA, R/W-RAC
972.971.8660
Vice President
LORA GUNTER, SR/WA, J.D.
817.370.3682
Treasurer
DALTON VANN, MAI, RWA, R/W-AC
817.962.2371
Secretary
JENNIFER HALL, SR/WA
817.665.8213
Director/ 1YR MARCUS BOYD, SR/WA, R/W-RAC
972.979.2850
Director/ 2 yr
KIM HIEBERT, SR/WA, R/W-NAC, R/W-
RAC
817.798.8398
Chapter Officers 2018-19
February Meeting Lunch Date and Location:
February 12, 2019 @11:30 a.m.
Fort Worth Petroleum Club
777 Main Street
Fort Worth, Texas 76102
* valet: $6.50 w/validation
$20.00 before the registration deadline; $25.00 at the door
No-shows will be billed.
Featured Speaker: Ricardo Gonzalez
Transportation Highlights
Ricardo Gonzalez is the Transportation Planning and Development Director
for the Fort Worth District of the Texas Department of Transportation (TxDOT).
A TxDOT employee since 1995, Gonzalez began his career as a summer hire
in the El Paso District's design section and survey crew. After graduating in
1997 from Texas Tech University with his bachelor’s degree in civil engineer-
ing, he began working in Bridge Design and earned his license as a profes-
sional engineer in 2002. Gonzalez then spent the next three years in the In-
spection Branch where he coordinated all international bridge inspections
with corresponding officials from Mexico.
Design and earned his license as a professional engineer in 2002. Gonzalez then spent the next
three years in the Inspection Branch where he coordinated all international bridge inspections
with corresponding officials from Mexico.
Gonzalez transferred to the Fort Worth District in 2006 as a construction engineer. In 2009, he was
named deputy project construction manager for the $1 billion DFW Connector public-private
partnership. In 2011, he was promoted to North Tarrant County area engineer. During that time,
he oversaw the $4 billion North Tarrant Express, including the procurement and construction of
Interstate 35W, and the successful delivery of the West 7th Street bridge, the world’s first pre-cast
network bridge. After being selected as the director of maintenance in 2014, he oversaw a $120
million maintenance program and worked to improve the district’s four-year pavement man-
agement plan. Gonzalez was named transportation planning and development director in
2018.
As director of transportation planning and development, Gonzalez oversees the district’s Bridge
Design, Bridge Inspection, Central Design, District Design, Public Transportation, Right of Way
and Transportation Planning and Development offices. Under Gonzalez’ supervision, the district
oversees more than $400 million in awarded contracts each year in cooperation with the North
Central Texas Council of Governments and our regional partners. In addition, he is currently
overseeing the district’s $591 million Texas Clear Lanes congestion relief projects.
Luncheon Menu
House Salad, Spinach Salad, Tomato/Mozzarella/Pesto Salad
Fruit and Cheese Spread
Grilled Chicken with Pomegranate BBQ Sauce
Tilapia Florentine with Spinach Creamy Sauce
Herb Olive Oil Roasted New Potatoes
Toasted Orzo Pasta
Marinated Nicoise Penne Pasta
Prime Rib Carving Station
Dessert Buffet
Ricardo Gonzalez
Page 2 North Texas News
Kristen Bennett, SR/WA, R/W-RAC
President’s Message
Kristen Bennett
Blackbird Right of Way, LLC
P. O. Box 2423
Azle, Texas 76098
972.971.8660
Greetings! This month’s newsletter is a little late and it is completely
my fault! Things have been a little crazy for me with the birth of a
new baby nephew and a quick bout of the flu or something similar. If
the first week of February is any indication, it’s going to be a wild
month. Buckle up buckaroos!
I would like to take this opportunity to thank Director Marcus Boyd for
leading the January meeting in my absence. From what I hear, I
missed a great meeting and presentation!
In addition, I would like to thank our Education Committee. This year
has posed some interesting challenges and exciting opportunities for
our education folks and they have really risen to the occasion. Thank
you to Tommy Matthews, Will Snider, and John Bennett!! Please take
a look at our upcoming courses and let us know if you have any
questions or need help with registration!
Please join us this Tuesday, February 12th at the Petroleum Club in Fort
Worth. Our speaker is Ricardo Gonzalez with the Fort Worth District of
the Texas Department of Transportation. I look forward to seeing you
all there!
MARK YOUR CALENDAR FOR THESE 2019 IRWA EVENTS:
April 10 – 12, 2019 Region 2 Spring Forum, Austin
May 2 - 3, 2019 Ch 36 Golf Tournament and Hot Topics in
Real Estate and Eminent Domain Spring
Seminar, Trophy Club/Southlake
June 9 – 12, 2019 IRWA 65th Annual International Education
Conference in Portland, Oregon
July 31 – Aug 2, 2019 Region 2 Forum, College Station
See you soon!
Kristen Bennett
Kristen Bennett, SR/WA, R/W-
RAC
Page 3 North Texas News
Young Professionals Juan Salazar
Hello YP’s:
Our January event – Trivia Night was a success as we
had a big group and what was more impressive is all
the new faces. Thank you to those of you that made
it out. Chapter 36 YPs fielded three teams, with Team
Smart Fellers being the big winners of the night.
What’s Next?
Juan Salazar
TOMMY MATTHEWS, R/W-AC
Education Committee Chair
214.924.4550
WILL SNYDER
Education Committee (2YR)
817.332.5522
JOHN BENNETT, R/W-RAC
Education Committee (3YR)
972.971.8660
SARAH RIEBE, SR/WA, R/W-NAC
Professional Development
Committee Chair
817.304.2051
JACE WHATLEY, MAI
Professional Development
Committee (2YR)
214.340.5880
DENISE LOPEZ, SR/WA, R/W-RAC
Professional Development
Committee (3 YR)
817.459.6537
SHELBY HILDEBRAND
Programs Co-Chair
817.390-9841
ANA SALAZAR
Programs Co-Chair
817.901.2634
LEIGHTON GAMBILL
Membership Chair
214.340.5880
MARGARET LEIN, SR/WA
PR & Marketing Committee
214.486.2206
JIMMY THOMAS
PR & Marketing Committee
214.486.3208
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
Team Smart Fellers – 1st Team Gut Busters – 3rd
Team HBS Real Estate – 5th
February Event
We are going back to Whirlyball in Hurst,
February 28, 6:30 – 8:30pm
More information to follow to the YP group
email list.
Page 4 North Texas News
Question: Are there any limitations on a condemning authority that con-
demns for blanket access or blanket ingress and egress rights
across a landowner’s adjacent property or remainder?
Answer: Yes. A condemnor must exercise its ingress and egress rights or
blanket access rights across a landowner’s adjoining property
and remainder in a reasonable and prudent manner. See Tex.
Elec. Serv. Co. v. Campbell, 161 Tex. 77, 82, 336 S.W.2d 742, 746
(Tex. 1960); See also Texas Elec. Serv. Co. v. Linebery, 327 S.W.2d
657, 666 (Tex. Civ. App. —El Paso 1959, writ dism'd).
While the condemnor, alone, determines what land and what
interest in the land it may condemn for and if it needs blanket
ingress and egress rights across a landowner’s adjacent land or
adjoining property, courts have put limitations on how the con-
demning authority can use such rights. Linebery, 327 S.W.2d at
663–64.
Rights of ingress and egress across a landowner’s remainder or
adjoining land are by law limited to only a reasonable right of
entry for the purposes set forth in the judgment in condemnation
and certainly do not grant the condemning authority the right
to trespass and operate trucks all over the landowner’s lands at
will and such use by a condemning authority would give rise to
an action by a landowner for damages. Campbell, 161 Tex. at
82, 336 S.W.2d at 746.
Condemnation judgment awards will limit the reasonable rights
of ingress and egress or access upon the adjoining land to spe-
cific purposes. Brazos Elec. Power Co-op., Inc. v. McCullough,
599 S.W.2d 357, 360 (Tex. Civ. App.—Waco 1980, no writ). Usually
those purposes are limited to the care or maintenance of the
easement or line or, such as in the Campbell case, for the pur-
pose of construction, inspection, maintenance, and removal of
lines. See Campbell, 161 Tex. at 82, 336 S.W.2d at 746; See id.
The Texas Supreme Court has found it is reversible error to admit
evidence that gives the impression that a condemning authority
can use blanket ingress and egress rights on a landowner’s ad-
joining lands in order to obtain an unrestricted right of entry and
use of the adjoining land and that the land would be littered
with trash from time to time without consequence. See Coastal
Indus. Water Auth. v. Reynolds, 503 S.W.2d 593, 599 (Tex. Civ.
App.—Houston [1st Dist.] 1973, writ ref'd n.r.e.)(citing Campbell,
161 Tex. at 82, 336 S.W.2d at 746).
In conclusion, Texas courts have been clear that blanket ingress
and egress rights will be limited to the rights enumerated in the
condemation judgment or an easement document and do not
provide the condemnor the ability to use the landowner’s ad-
joining lands unrestricted or freely.
Scott Moran, Jordan Miller & Charlie Wilson
Ask the Attorney
IRWA on the Web
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
Page 5 North Texas News
IRWA Chapter 36 Advertising Committee
The PR/Marketing Committee would like to extend a Thank You
to all of those who renewed their advertising agreement with
Chapter 36 for 2019 and to those who joined us this year. I’m
sure that you have noticed that we have a brand new website!
Thank you for your patience during the switchover. I apologize
if you were left off the website during this switchover, but it
should all be up and running smoothly now. I encourage you to
take a look at the new website. It is great! If you do not see
your company name listed, please contact us and we will
make sure to get that corrected immediately!
We have 28 companies now advertising on Chapter 36 website
and newsletter. That is incredible!!! If you are not currently ad-
vertising your company, but want to start, please do not hesi-
tate to contact us and we will get you signed up.
Again, thank you all so much for your support in our Chapter!
Our Chapter has a large membership of wonderful people with
great Companies!!
Sincerely,
Margaret Lein
Sherry Smith
PR/Marketing Committee
972-985-2058
Margaret Lein, SR/WA, Sherry Smith, SR/WA
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
Co-Chair PR & Marketing Oncor Electric Delivery Company
7309 Frankford Road
Dallas, Texas 75252
972-985-2058
Page 6 North Texas News
Advertisers
Page 7 North Texas News
Greetings Chapter 36 members!
Feeling a little cold in February, then check out our hot classes. They
might just warm up that noggin of yours.
Looking ahead, please see our Education Schedule below for up-
coming 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.org yet.
For a complete list of registration forms, fees and all discounts offered
by the Chapter, please visit www.irwachapter36.org/education.htm.
Tommy Matthews, R/W-AC
Will Snider, RWA, R/W-AC
Member (2 YR)
JLL Valuation & Advisory Services
John Bennett, R/W-RAC
Member (3 YR)
TNP
Education Committee News
Education Committee
IRWA Chapter 36 Education Schedule - 2019
Which Courses Do I Need?
Only the PDC can tell you which class you need to complete the education require-ments for designation and certification. If you are planning 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.
Tommy Matthews
Education Chair
Tommy Matthews, R/W-AC
Edgestone Realty Valuation
Course Date Location Instructor
200– Principles of Real Estate
Negotiating February 19, 2019 TNP—Fort Worth
Denise Lopez/
Tami Benson
900—Principles of Real Estate
Engineering March 5, 2019
Halff—
Richardson Mark Janicki
303—Managing the Consultant
Process March 19, 2019 TNP—Fort Worth Lisa Harrison
431– Problems in the Valuation
of Partial Acquisitions April 12, 2019 City of Irving
Donnie
Sherwood
102—Elevating Your Ethical
Awareness May 2, 2019 Trophy Club
Randy
Williams
503—Mobile Home Relocation May 21, 2019 TNP—Fort Worth Kristen Bennett
Page 8 North Texas News
Important Bills Affecting Eminent Domain Rights To Watch Closely
The Legislature is once again in session, and once again bills
that would significantly change eminent domain rights and proce-
dures in condemnations initiated by private condemning authorities
have been filed in both chambers. At least two bills are worth paying
close attention to. They are H.B. No. 991 filed by Representative Burns
in the House and Senate Bill 421 filed by Senator Kolkhorst in the Sen-
ate. They are companion bills, and their terms are identical. This arti-
cle is longer than usual because I believe it important to go over
some of the key details of these bills.
Here are some of the key provisions of each bill:
1. A graduated statutory penalty imposed for “low” initial offers
as defined by law. The bills would create a new section
21.0471 of the Property Code requiring a private condemning
authority to pay the landowner damages in addition to the
award of the special commissioners if the commissioners’
award exceeds the initial offer by at least 25%.
If the award is at least 25% but less than 50% higher than the
initial offer, the condemning authority would owe additional
damages of 25% of the award sum.
If the award is at least 50% but less than 100% higher than the
initial offer, the condemning authority would owe additional
damages of 30% of the award sum.
If the award is 100% or more than the initial offer, then the
condemning authority would owe additional damages of
35% of the award sum.
Additionally, the bills would change the bona fide offer re-
quirements to impose the additional obligation on the pri-
vate condemning authority to certify to the landowner in its
initial offer and any subsequent offer that the offer ―is in an
amount that will not require the entity to make a payment
for a low initial offer under Section 21.0471.
2. Public Meeting Requirement. The bills would also require every
private condemning authority to, not later than the 45th day
before the date it makes an initial offer to a landowner, send a
written notice to a court that would have jurisdiction of a con-
demnation proceeding involving the property stating the fol-
lowing:
The private entity’s intent to acquire real property for public
use.
Specify the public use.
Identify the real property the entity intends to acquire and its
owners.
Disclose the date by which the entity will make its initial offer.
Andy Cox, Partner, Burford & Ryburn, LLP
Note from the Editor
Newsletter editor, Andy Cox is a lawyer
and partner at Burford & Ryburn, LLP in
Dallas. He practices in the areas of gen-
eral civil litigation, including matters in-
volving easements, property rights, and
eminent domain. He can be reached by
phone at 214-740-3100 or by email at
Andy Cox
Burford & Ryburn, LLP
3100 N. Akard Street, Suite 3100
Dallas, Texas 75201
214.740.3154
Don’t put off advanc-
ing your career. Visit
the classes section of
Online Learning Cen-
ter at
www.irwaonline.org
Page 9 North Texas News
The Court, not later than the 30th day after it receives such a notice of intent, would select the date
on which a public meeting regarding the proposed acquisition would be held, and the Court would
facilitate the meeting. The public meeting must not take place earlier than the 14th day after the pri-
vate entity makes an initial offer to the property owner.
The Court would send notice of the public meeting to the condemning authority and would also
post notice of the public meeting on the county’s internet website and in a newspaper of general
circulation in the county. The condemning authority would be required to give notice of the public
meeting in its initial offer.
The condemning authority and the Court would be required to participate in the public meeting. An
extensive list of topics for the meeting agenda have been prescribed, including, among other
things, ―the method and factors used by the entity to calculate the entity’s initial offer, including (i)
how damages to remaining property were evaluated; and (ii) if the entity used a property appraisal
or market value study, the name of the person that performed the appraisal or study.‖
The condemning authority would be required to submit evidence to the Court proving that it partici-
pated in the public meeting and would have to receive a certification from the Court that it com-
plied with the public meeting requirements before it could acquire the property. The landowner
would then have the ability to file a challenge to the private entity’s eminent domain authority in the
court that provided the above certification within 30 days after the date of the public meeting.
The bills further provide that the public meeting requirements would become additional precondi-
tions for satisfaction of the bona fide offer requirement before an entity could acquire the property.
Importantly, the Texas Attorney General would have the authority to bring an action to enjoin a vio-
lation of the public meeting requirements, and could recover reasonable attorney’s fees and costs
from the condemning authority in bringing any such action.
3. Additional Required Terms for Instruments of Conveyance. The bills would create a new Section
21.0114 of the Property Code containing extensive new requirements for terms to be included in
deeds, easements, or other instruments conveying real property. By way of example, if the offer
made to the landowner for acquisition of a pipeline easement, the conveying instrument included
with the offer must include the following terms, among others:
The maximum number of pipelines that may be installed in the easement;
The maximum diameter, excluding any protective coating or wrapping, of each pipeline to be in-
stalled in the easement;
The type or category of each substance to be transported through the pipelines;
A general description of any use of the surface of the easement the entity intends to acquire;
Whether the double-ditch method will be used for installation of the pipeline in areas that are not
bore-drilled
A prohibition against the transfer of the property without written notice to the property owner or
the express written consent of the property owner if the transferee (including an affiliate or subsidi-
ary of the private entity) does not have eminent domain authority.
Note from the Editor
Page 10 North Texas News
Many other required terms for conveying instruments are specified, including a requirement that the
condemning authority will have in effect at all times one or more policies of liability insurance that
would insure the property owner against liability for personal injuries or property damage sustained
by any person ―that arises from or is related to the use of the easement by the entity or the entity’s
agents or contractors.‖ The Attorney General would be required to prepare and make available a
standard form that contains the terms required by the bills, and the Attorney General would have
the authority to bring a suit to enjoin a violation of Section 21.0114 and could recover its reasonable
attorney’s fees and costs from the condemning authority in any such suit.
4. Prohibited Communications Between the Condemning Authority and the Court or Special Commis-
sioners. The bills would also create a new Section 21.0115 of the Property Code that would prevent
a private condemning authority, including its attorneys or contractors, including right-of-way
agents, from engaging in any communication with a Court that would have jurisdiction over the
condemnation or any special commissioner appointed in the condemnation proceeding without
first attempting to include the property owner in the communication. Further, the condemning au-
thority would have to send the property owner written notice of any communication between the
condemning authority and the court or special commissioner for which the property owner was not
present.
Currently, it is quite common for condemning authorities or their lawyers to communicate with the
court or special commissioners about getting initial orders signed or scheduling the commissioners’
hearing before the case proceeds to a commissioners’ hearing. This provision could make that pro-
cess more difficult and could cause delay in obtaining commissioner hearing settings.
I have not attempted to provide an exhaustive summary of these bills, but to only hit some of the
high points. There is much more to be digested in these bills. I encourage our membership to view
the text of each bill, which can be found at www.capitol.texas.gov
Chapter 36 will be keeping a close watch on these and other bills affecting the right-of-way industry
as they make their way through the Legislature.
Note from the Editor
Page 11 North Texas News