north texas news...he began commercial appraisal and work in right-of-way in 2007 with integra...
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Page 1 North Texas News
INTERNATIONAL RIGHT-OF-WAY ASSOCIATION
DALLAS-FORT WORTH, TEXAS
May 2019
In This Issue
May Luncheon 1
President’s Message 2
Nominated Offices & Directors
Bios 3-7
Spring Seminar 8
Young Professionals 9
Ask the Attorney 10-11
Membership Committee 12
Education Committee 13
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
817.914.0443
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
May Meeting Lunch Date and Location:
May 14, 2019 @11:30 a.m.
The Clubs of Prestonwood
15909 Preston Road
Dallas Texas 75248
$20.00 before the registration deadline; $25.00 at the door
Cut off for registration is May 10th @ 12:00 p.m.
No-shows will be billed.
Featured Speaker: Andrew C. “Andy” Cox
Eminent Domain Bills in the 86th Texas Legislature
Andy Cox is a lawyer and partner with Burford &
Ryburn, L.L.P. where he has practiced law for
nearly 17 years. Andy’s practice primarily involves
general civil litigation matters, including eminent
domain cases for condemning authorities. He has
extensive experience in the review and drafting of
easements, possession and use agreements, and
other right-of-way related legal documents. He
also has experience handling the defense of
personal injury matters, the prosecution and defense of business litigation
matters, and other litigation involving real property, including premises
liability cases. Andy has also represented business clients in the non-litigation
setting with respect to business and corporate law counsel and advice.
Andy is a native of Shreveport, Louisiana. He is a graduate of Baylor
University (B.A., 1999) and Baylor Law School (J.D. 2002). He is a member of
the Dallas Bar Association where he serves on the Legal Ethics
Committee. Andy is admitted to practice in all Texas state courts, the Unit-
ed States District Courts for the Northern and Eastern Districts of Texas, and
the U.S. Court of Appeals for the Fifth Circuit in New Orleans, La.
Andy is a member of Chapter 36, where he serves as the Newsletter editor.
Luncheon Menu
Chef’s choice buffet
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
Hello Chapter 36 Members!
Each year the Committee on Nominations and Elections makes a recommendation
to the general membership for the next slate of Chapter 36 Board positions. I would
like to take this opportunity to thank the members of this Committee including Kim
Hiebert, Melissa Ehrhardt and Darlene Snow. The Committee has recommended the
following qualified candidates for the upcoming election to be held at the general
membership meeting on Tuesday, May 11th. The recommended slate of officers are:
Director 1 Year – Kim Hiebert, Director 2 Year – Kristen Bennett, President – Lora
Gunter, Vice President – Dalton Vann, Treasurer -Jennifer Hall - Secretary – Sarah
Riebe, Professional Development Committee 1 Year – Denise Lopez, Professional
Development Committee 2 Year – Matt Lance and Professional Development
Committee 3 Year – Jeremy Duskin. Any chapter member is also welcome to run
from the floor for any position on the board.
Did you know that our Chapter allows industry relevant RFP and job opening
announcements to be published on our website and in our newsletter for free? If
you are looking for employment or upcoming proposal opportunities, our website is a
great place to start! If you have an RFP or job opening that you would like to be
published, please contact TJ Smith (Webmaster), Andy Cox (Newsletter Chair) and
myself and we will get it in the next available publication. As a reminder, there is no
newsletter in July or August but the website can be updated at any time.
Several of our chapter members traveled to Austin last month for the Transportation
Symposium and Region 2 Spring Forum. Congratulations to the International
Transportation Committee on a successful Symposium! Your Chapter 36 Board
members were present at the Region 2 Forum where we were updated on Region
and International news and upcoming elections for the International officer
positions. It was my honor to provide those in attendance with a Chapter 36
update. We have a very healthy membership, almost 100 SR/WA designations and
an Education Committee that is just knocking it out of the park. In addition, we have
a new website and great attendance at our luncheons and other events. Thank you
to everyone who makes Chapter 36 the best chapter in this organization!
Don’t forget that the 20th Annual Steve Baggett Memorial Golf Tournament and Hot
Topics in Real Estate and Eminent Domain Spring Seminar are coming right up! The
golf tournament is on May 2nd in Trophy Club. The Seminar will take place on May 3rd
in Southlake. Go to our website for more info and to register. A huge thank you to
our Vice President, Lora Gunter, and her committee for putting these events
together.
The IRWA 65th Annual International Education Conference in Portland, Oregon will
take place on June 9th – 12th
(https://eweb.irwaonline.org/eweb/StartPage.aspx?Site=portland19)
I look forward to seeing you all at the golf tournament, Spring Seminar, and May
luncheon!
My best to you,
Kristen Bennett, SR/WA, R/W-RAC
Chapter 36 President
Kristen Bennett, SR/WA, R/W-
RAC
Page 3 North Texas News
Nominated Officer & Director Biographies
President: Lora Gunter, SR/WA, J.D.
Lora Gunter, SR/WA is the Project Delivery Director for the
Right of Way Division of the Texas Department of
Transportation. In her role, she oversees the department’s
statewide right of way acquisition portfolio. She implements
the policies and procedures for right of way project delivery
activities. She must ensure that those policies and procedures
adhere to the legal parameters set forth in the Federal Uniform Act, Texas
statutes, and the Texas Administrative Code, as well as both state and federal
Constitutions. She manages a legal staff that assists her Project Delivery staff in
operating in a compliant manner. Lora also manages the Acquisition
Management section, which is a supporting arm of Project Delivery. That
section handles relocation issues, appraisal guidance, local public agency
matters and is responsible for eminent domain minute orders.
Lora’s right-of-way career began at the Texas Attorney General’s Office,
where she represented TxDOT in eminent domain matters across the state. She
has ample experience in the eminent domain process, engaging in numerous
administrative hearings, jury trials, and appellate cases. She has also worked
as a Right-of-Way attorney for the department and handled various matters
involving property acquisition and real property disposition.
Additionally, she engaged in legal work concerning the compliance and
interpretation of federal and state laws, rules and regulations (including the
Uniform Act). Lora has also worked in the private sector representing large
public utility companies in condemnation proceedings and other right-of-way
issues. Most recently, Lora worked in TxDOT’s Fort Worth District overseeing the
right-of-way, utilities, and survey sections of the District.
Vice President: Dalton Vann, MAI, RWA, R/W-AC
Dalton Vann, MAI, RWA, R/W-AC began his real estate
appraisal career in residential valuation in 2005. After
receiving his Master of Real Estate degree from Texas A&M,
he began commercial appraisal and work in right-of-way in
2007 with Integra Realty Resources - DFW. Dalton currently
works as an appraiser with CBRE Valuation and Advisory
Services in Fort Worth. Mr. Vann holds the MAI designation from the Appraisal
Institute and the Right-of-Way Appraisal Certification and RWA designation
from the IRWA. He has appraised a wide variety of property and provided
expert witness testimony for roadway, pipeline, power transmission line and
municipal projects. Dalton is active within Chapter 36, having served as
Treasurer, Secretary, Newsletter Editor, Education Committee Member, and
Education Chair, along with numerous volunteer positions over the years in-
cluding serving on the nominations committee, scholarship committee, and
Spring Seminar. Dalton was the Chapter 36 Young Professional of the year in
2015. He has also served as the education chair for the Central Texas Chapter
of the Appraisal Institute. Dalton is also a CLIMB-certified IRWA instructor.
Page 4 North Texas News
Nominated Officer & Director Biographies
Treasurer: Jennifer Hall, SR/WA, R/W-NAC
Jennifer Hall, SR/WA, R/W-NAC is currently the Director of
Right-of-Way for TNP, Inc. The honor of Employer of the
Year 2017 was given to TNP, Inc. She has sixteen years of
experience and in-depth knowledge of right-of-way and
easement negotiations, property evaluations, relocation
assistance, title curative, eminent domain coordination, and contract
management.
Jennifer is active within Chapter 36, having served as Membership Committee
Member, Historian, 2 years as Programs Committee Member, and Secretary.
Since joining Chapter 36 in 2005 Jennifer has actively taken courses to obtain
her R/W-NAC and SR/WA designations. She has also supported the Chapter
and Region by volunteering at various events. Currently, Jennifer is working to
become certified as an IRWA instructor and has become CLIMB certified.
Secretary: Sarah Riebe, R/W-NAC
Sarah Riebe is a Project Manager/ROW Agent for Pinnacle
Management Consulting Group, Inc. Ms. Riebe is the Project
Manager for Parker County Transportation projects for Freese
and Nichols, and also provides clients with condemnation
support services. Additionally, Sarah provides right-of-way
agent services for the Texas Department of Transportation.
Prior to joining the Pinnacle team, Ms. Riebe served as the
Senior Managing Director of Title and Acquisition Services for
Sendero Acquisitions, LP.
Additionally, Sarah is experienced in pipeline easement acquisitions,
construction damages, routing, title curative duties, and closings, including as
a consultant for a 29-mile pipeline project for Enterprise Products Partners, L.P.
Previously, Sarah served as the Project Manager for the City of Denton
Municipal Electric Transmission Line Rebuild Projects, and has acquired
rights-of-way on numerous projects for TxDOT and TxDOT’s SPD. Sarah also
serves as a Special Commissioner in condemnation cases in Parker County.
Prior to Right-of-Way, Ms. Riebe was licensed by the Texas Department of
Insurance as an Escrow Officer, and worked directly with realtors, lending
institutions, and builders, for over 12 years.
Don’t put off advanc-
ing your career. Visit
the classes section of
Online Learning Cen-
ter at
www.irwaonline.org
Page 5 North Texas News
Nominated Officer & Director Biographies
PDC –1 Year : Denise Lopez, SR/WA, R/W-RAC
Denise Lopez is a Real Estate Representative for the City of
Arlington. Denise has been in the right-of-way industry for
almost 10 years and has a background of over 23-years
experience in the Real Estate field. Prior to working in
right-of-way for a municipality, Denise was a real estate agent
selling and listing residential real estate. Five years later she
became a real estate broker and managed newly licensed realtors under her
independently-owned real estate company, Property Zone Realty, LLC. Denise
had the opportunity to become a part-time instructor for Kaplan Real Estate
Education and did not hesitate to step in front of the classroom as an instructor
and teach mandatory continuing education courses including legal and
ethics. As a Texas Real Estate Certified Instructor she also taught licensed
agents the “ins and outs” of TREC contracts.
Denise earned a Bachelor of Science degree in Business from Tarleton State
University. She has completed the IRWA CLIMB Instructor Development
Program certifying her to teach several IRWA courses. Denise is active within
Chapter 36 having served as Programs Co-Chair and Membership Chair, she is
also Course Coordinator Certified with IRWA.
Denise enjoys running and vacations with her husband and three sons. Denise,
a proud Aggie mom, has also volunteered on the scholarship committee for
the Fort Worth/Tarrant County Aggie Moms’ Club.
PDC 2 Year: Matt Lance SR/WA, R/W-RAC, R/W-
URAC
Matt Lance has been employed with HDR since 2006,
after nearly two decades with the Texas Department of
Transportation (TxDOT). While employed by TxDOT and
HDR, Mr. Lance has been responsible for the successful
relocation of numerous residences and businesses displaced from federal,
state and locally funded construction projects. Clients have included the City
of Austin, Texas; City of Fort Worth, Texas; Central Texas Regional Mobility
Authority; Tarrant County, Texas; Texas Department of Transportation; Texas
Department of Transportation’s Aviation Division and Utah Department of
Transportation. Over the past 26 years, his duties have included project
management, preparing relocation assistance processes and procedures,
project relocation plans, replacement housing payments, personal property
inventories and providing advisory services and moving plans for unusual and
complex moves. His enthusiasm and experience are instrumental in finding
innovative and creative solutions to complex relocation and acquisition
problems.
Page 6 North Texas News
Nominated Officer & Director Biographies
PDC- 3 Year: Jeremy F. Duskin, R/WA
Jeremy Duskin is a Right of Way Agent with Tarrant County,
Texas. Jeremy is a graduate of Northeastern State University,
Oklahoma where he received a BA in Marketing.
After graduation, Jeremy started his career in Oklahoma City, OK where he
began his career as a Landman running mineral title and leasing minerals in
Oklahoma, Kansas and Texas for Eagle Land & Minerals. After a two-year stint
in the oil & gas field he decided to move to the surface side of title and
working with land owners. He started as a Title Agent with Pinnacle Consulting
Group and later moved on to become a Right of Way Agent working on
projects throughout the states of Oklahoma and Texas. While working with
Pinnacle he became a member of the IRWA and began the coursework to
earn his certifications. Jeremy decided he wanted to be a Texas resident and
moved to take a job with Lockwood, Andrews and Newman, Inc. in Dallas.
There he worked on several Texas Dept. of Transportation and local public
agency projects throughout the state of Texas specializing in acquisition,
condemnation and relocation. Jeremy then moved to the public sector with
Tarrant County, Texas and is a Right of Way agent dealing with road, bridge
and utility projects throughout the county. Jeremy has been a member of the
IRWA since 2009 and has been affiliated with both Chapter 36 and Chapter 33.
He is currently working toward the SR/WA designation and is just a couple
classes short of achieving this goal.
Page 7 North Texas News
Nominated Officer & Director Biographies
Director 2-Year: Kristen Bennett, SR/WA, R/W - RAC
Kristen Bennett is the President of Blackbird Right of Way
LLC. Prior to founding Blackbird, she served as Senior
Manager, Director of Relocation Services for Sendero
Acquisitions, LP for 8 years. Kristen also spent 3 years with
Enterprise Products Partners, L.P. as a Right of Way Agent
and Title Analyst. She is currently serving as the Vice Chair
of the Relocation Community of Practice and the President
of Chapter 36. In 2016, Kristen was the Chapter 36 Young
Professional of the Year. She is a CLIMB Certified Instructor for courses 501, 502,
503, 504 and 505. Kristen has also presented relocation sessions at the IRWA
annual conference.
Kristen earned her SR/WA designation in 2018 and her R/W-Relocation
Assistance Certification in 2013. She earned a Bachelor of Music degree from
Texas Tech University and a Master of Music degree from the prestigious
Jacob’s School of Music at Indiana University. Before joining the right-of-way
profession, Kristen was a professional opera singer. She has performed at
Carnegie Hall and Lincoln Center.
Kristen lives in Azle, Texas and enjoys spending time with her husband, John
Bennett, and their two daughters, Ellie and Mimi
Director 1-year: Kim Hiebert, SR/WA, R/W-RAC, R/W-NAC
Kim Hiebert, SR/WA, R/W-RAC, R/W-NAC, is a Real Estate
Program Manager for HDR Engineering, Inc. focused on
Project Management and Business Development in Texas.
She has over 18 years of experience in the ROW industry and
has in-depth knowledge and experience in project
management and coordination services for private and public sector ROW
projects. Her skills include management, right-of-way acquisition, residential
and business relocation, eminent domain, title curative, utility adjustments, and
delivering projects in compliance with the Uniform Act. Kim is a graduate of
Texas A&M University and holds a Texas Real Estate Commission Broker’s
license. She has been a member of IRWA for 18 years and has held an SR/WA
for 12 years. She has actively volunteered for the Chapter over the years,
serving 3 years on the Professional Development Committee, 1 year as
Treasurer, 1 year as Vice President, 1 year as President, and is currently serving
as Director, 2 year of the Chapter. Kim is very committed to community service
and is currently serving her fourth term on the Aledo City Council as Mayor
Pro Tem and also serves on the City’s Economic Development Board.
Page 8 North Texas News
dd
Tuesday, May 2
Golf Tournament
Trophy Club Country Club
Wednesday, May 3
Spring Seminar
The Marq, City of Southlake
Registration Online at the
IRWA Chapter 36 website
irwachapter36.org
Join us for the annual
IRWA Chapter 36
Spring Seminar
Hot Topics in Real Estate
and Eminent Domain
&
Steve Baggett Memorial
Golf Tournament
IRWA CHAPTER 36
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2019
SPRING
SEMINAR
&
Golf Tournament - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MAY 2 & 3
Trophy Club Country Club
The Marq- Southlake
Page 9 North Texas News
Young Professionals Juan Salazar
Hello YP’s:
A little bit of rain didn’t hurt anyone, and it certainly didn’t
keep us from enjoying a night out. With everyone’s busy
schedules and workload it’s always good to catch up with
those we might not see as often. We had a great turnout
and again like always thanks to those that made it out.
What’s Coming up? We are in the process of finalizing the details for our May event. Be on the lookout for the
details to be sent to the YP email group.
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
Page 10 North Texas News
Question: When considering pipeline easements, is it proper
to value or appraise a partial taking in a
condemnation case [to determine just
compensation] on a per rod basis during negotia-
tions?
Answer: No, valuing pipeline easements using the “going
rate” is not an accepted valuation approach. The Uniform
Appraisal Standards for Federal Land Acquisitions states that
going rates (per pole, per line-mile, or per rod, for example),
while customary rates, cannot be used as a proxy for market
value in federal acquisitions requiring payments of just
compensation.
The problem with using “going rates” is that they tend to reflect
non-compensable considerations above the market value of
the property acquired, such as avoiding the cost of
condemnation or other litigation, and economic pressures to
complete construction and place the planned facility or
infrastructure in operation.
Both federal [Fifth Circuit] and Texas Courts
[Enbridge G&P (East Texas) L.P. v. Ben Samford et
al.], have held that using a “per rod” method is an
improper way to determine just compensation for
a partial taking. The court in Samford, reversed and
remanded the trial court for allowing testimony on
a “per rod” method and holding:
“We are aware that a compensation expressed
per rod is common in pipeline easement
negotiations.” “But, in partial taking cases, such a
methodology is plainly unsuitable and contrary to
long established case law” [and thus is
inadmissible].
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 11 North Texas News
Ask the Attorney
A witness in the Samford case incorrectly based his opinion on
the numerous occasions when he negotiated sales of pipeline
easements prior to litigation and his conversations with numerous
landowners. The witness rejected the traditional market value
approach because “that standard manner of valuation is not
true, and not accurate, because that’s not what actually
happens out here in the real world in the industry.” He further
repudiated the comparable sales approach to the valuation of
the part taken for the easement. Instead he proffered a “going”
price per rod, which purportedly included the value of the
easement, the temporary easement, damage to the remainder,
and “everything that goes in with these easements.”
For the above stated reasons, “going rates” (“per
rod” or “per mile”) should not be used to determine
the fair market value or just compensation due to a
property owner in a condemnation case for a
partial taking. Instead the before and after
appraisal method should be applied.
Page 12 North Texas News
Leighton Gambill, Membership Chair
Membership Committee News
We would like to welcome the following new members to Chapter
36!
Killian Bennett
Tyler Smith, Lonestar Land Services
Karol Smith, Lonestar Land Services
Brandon Kammerer
Benjamin Laird
Darla Dunaway, HDR
Richard Gore, Brazos Electric Power Co-op
Samantha Moran, HDR
Hayden Conley, Atmos
Wyatt French, Atmos
Austin Tuxhorn, Atmos
Benish Thomas, City of Fort Worth
Misty York
Amity Keller, Mott MacDonald
It is so awesome to see so many new people joining our Chapter 36
family! Please introduce yourself to a new friend at our next meeting!
As we announced at the last meeting, we have several name
badges that have been passed on from membership chair to
membership chair. We will now only be ordering name badges for
those that request one! If you could please take the time to check
the list at the check in table that would be great, it is organized by
last name!
Leighton Gambill
Committee Chair
Sendero Appraisals, LP
Page 13 North Texas News
Greetings Chapter 36 members!
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.org yet.
For a complete list of registration forms, fees and all discounts offered by the Chapter, please visit https://irwachapter36.org/Education
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 - 2018
Which Courses Do I Need?
Only the PDC can tell you which class you need to complete the education requirements 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.
Tommy Matthews
Education Chair
Tommy Matthews, R/W-AC
Edgestone Realty Valuation
Course Date Location Instructor
503 – Mobile Home Reloca-
tion May 21, 2019 TNP – Fort Worth Kristen Bennett
105 – Uniform Act Executive
Summary September, 2019 TBD TBD
506 – Advanced Business
Relocation September, 2019 TBD TBD
801 – US Land Titles October, 2019 TBD TBD
215 – Right of Way Acquisi-
tions for Pipeline Acquisitions October, 2019 TBD TBD
421 – The Valuation of Partial
Acquisitions November, 2019 TBD TBD
304 – When Public Agencies
Collide December, 2019 TBD TBD