north texas news - irwa chapter 36 · director/ 1 yr donna harrison, ... the san antonio court of...
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Page 1 North Texas News
In This Issue February Meeting 1
President’s Message 2
Ask the Lawyer 3-4
Photos 5
Committee News 6
Seattle 2012 7
Calendar of Events 7
Donald J. Sherwood, SR/WA Scholarship
8
Professional Development Committee
9
Education Committee 10
Member Spotlight 11-12
North Texas News INTERNATIONAL RIGHT-OF-WAY ASSOCIATION
DALLAS-FORT WORTH, TEXAS Since 1960
President CRAIG BRANDT, RW-AMC, R/W-NAC 817-710-0521
Vice President
CHARLES STEARMAN, SR/WA
214-340-5880
Treasurer
DAVID HARRY, PhD
817-225-2025
Secretary
JENNIFER AYERS, SR/WA, R/W-AC
214-553-9133
Director/ 1 YR
DONNA HARRISON, SR/WA, R/W-RAC, R/W-NAC 214-215-9589
Director/ 2YR
GREG COOK, SR/WA
817-332-5522
Chapter Officers 2011-12
February 2012
At the February meeting Will Winston, with XTO, will discuss fracking, the future of national gas, distribution, and ownership considerations. He will also cover recent fracking news in the press. Finally, Mr. Winston will discuss site selection for CNG distribution, the number required to service a city and the quantity that must be in place for it to be marketable.
Will Winston is a Sr. Surface and Right-of-Way Supervisor with XTO Energy
Inc. with responsibilities for the Fort Worth Basin (Barnett Shale). He is
responsible for property acquisition and contract negotiation related the
use of the surface of the land for mineral development. He has worked in
the oil and gas industry for over 13 years in several capacities all generally
involving land or drilling and production operations and has been with
XTO since 2007. Will is a graduate of the University of Texas at Austin and
holds a BA in Government.
One hour continuing education credit will be earned for this event.
FEBRUARY LUNCH-AND-LEARN MEETING: NATURAL GAS - AN ABUNDANT,
CLEANER SOLUTION
NOTICE
Registration closes at Noon on Friday, February 10th. Anyone signing up to attend after
this deadline will pay the walk-up fee of $20. Effective January 2012, those who pre-
register for the IRWA Chapter 36 meetings at the pre-registration discount rate but do not
attend the meeting and do not pre-pay, will be invoiced for the $15 fee. Our goal is to
continue offering the discounted pre-registration rate for our members and guests, while
avoiding unnecessary expenses to the Chapter.
FEBRUARY MEETING LOCATION: Cacharel Grand Ballroom
2221 E. Lamar, Brook Hollow Tower
Two, 7th Floor
Arlington, TX 76006
February 15, 2012 - 11:30 - 1:00
Board Meeting: 10:00 - 11:30
Pre-register here
by Noon on Friday, February 10th Although guests are free their first time,
please remember to pre-register them.
Luncheon Menu
Classic Caesar Salad
Meat Lasagna with a Red Sauce
and Broccoli Florets
Chocolate Mousse
$15.00 before the registration
deadline and $20.00 after
Page 2 North Texas News
Greetings Chapter 36!
So, we are off and running in 2012! How is your year so far? My 2012 is
starting well and with you beside me I am full of optimism that this year is
going to be a great one both on a personal and professional level. I trust
you have invested some quality time in yourself to set some realistic and
even idealistic goals in the year 2012. How can Chapter 36 help you reach
those goals?
I know I mentioned this in the last newsletter, but I want to emphasize
again that we continually learn what a “small world” the ROW business is,
so I encourage you to take full advantage of some of the extraordinary
networking opportunities available to you this year through our Chapter
(Spring Seminar in DFW), our Region (Winter Forum in San Antonio), and
our International (Annual Education Conference in Seattle).
Additionally, as you will read further in the Newsletter, our committee
members are working hard every day to provide you the very best educa-
tion and credentialing available to the ROW Professional. Take full advan-
tage of these excellent resources available to you and remember NOW is
the time to make a deposit in the account of YOU! It sounds a bit corny,
but selfishly I realize that success breeds success and if you are successful,
Chapter 36 is successful.
Again, how can Chapter 36 help you reach your goals for 2012? Let me
know.
Craig
President’s Message CRAIG BRANDT, RW-AMC, R/W-NAC
Craig Brandt, RW-AMC, R/W-NAC NTE Mobility Partners LLC ROW Project Manager
O. (817) 710.0521
F. (817) 710.0509
C. (817) 897.2616
9001 Airport Freeway, Suite 600 North Richland Hills, TX 76180
Contact Our President
Page 3 North Texas News
CRAIG BRANDT, RW-AMC, R/W-NAC
Ask the Lawyer BY JOHN MCFARLAND
GRAVES, DOUGHERTY, HEARON & MOODY
Another interesting case is pending before the Texas Supreme Court, this one involving condemnation of a pipeline easement. The San Antonio Court of Appeals, in LaSalle Pipeline v. Donnell Lands, affirmed a jury verdict award-ing $650,000 to the landowner. The Supreme Court has asked for briefs on the merits but has not yet agreed to hear the case.
The Donnell family own an 8,000-acre ranch in McMullen County. LaSalle Pipeline sued to condemn an easement for a sixteen-inch gas pipeline across the ranch, for a length of 4.4 miles. In Texas, a condemnation case originally goes to three "commissioners" - citizens in the county appointed by the court to determine the amount to be awarded the landowner for the pipeline ease-ment. The commissioners awarded the Donnells $226,000 for the easement - about $160 per rod, or $9.73 per foot. (A rod is 16.5 feet.) The Donnells appealed to the district court in McMullen County, where there was a trial de novo, meaning that the commissioners' award was not considered and the jury was asked to determine the amount of the award based on evidence at the trial.
There are three elements of damages in a pipeline condemnation case: the damage to the land within the permanent easement; the temporary damage caused to the land by the additional workspace needed to lay the pipeline; and the diminution in value of the remaining property caused by the exis-tence of the pipeline. These damages are estimated by qualified real estate appraisers, who testify as experts at the trial.
The Donnells' real estate expert testified that the land within the ease-ments was damaged by $34,500; the temporary workspace easement caused damage of $19,200; and the damage to the Donnells' remaining land caused by the easement was $820,000. He said that the portion of Donnell's prop-erty which was affected by the pipeline was 4,100 acres, and that the value of that 4,100 acres was decreased about 10% by having a sixteen-inch pipeline across it. LaSalle's expert testified that the pipeline had no effect on the value of the Donnells' property.
The jury awarded the Donnells $658,533 (about $468 per rod). The San Antonio Court of Appeals reduced the trial court's award for the temporary construction easement by $12,800, but otherwise affirmed the trial court's judgment.
In its appeal to the San Antonio court, LaSalle argued that the Donnells' appraiser's testimony could not support the jury's award for damage to the remainder of the Donnells' land. LaSalle argued that the evidence was "legally and factually insufficient" to support the verdict. In Texas, our intermediate
LASALLE PIPELINE, LP V. DONNELL LANDS, L.P.
Continued on next page
Chapter 36 Member,
Burford & Ryburn, L.L.P.
3100 Lincoln Plaza,
500 N. Akard, Dallas, Tx
75201
(214) 740-3117
(214)740-2822 (fax)
Submit Questions About
Right-of-Way Matters to
R. Scott Moran
Page 4 North Texas News
CRAIG BRANDT, RW-AMC, R/W-NAC
Ask the Lawyer, Cont. BY R. SCOTT MORAN
appellate courts can overturn a jury verdict if it finds that the evidence is "factually insufficient" to support the jury's verdict. The court may overturn a jury's verdict "if the evidence is so weak or if the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust." The San Antonio court found that the Donnells' evidence was factu-ally sufficient to support the verdict.
Our Texas Supreme Court has authority to overturn a jury verdict only if the evidence is "legally insufficient" to support it. In other words, the Court may not "weigh" the evidence and may not overturn a verdict on factual insufficiency grounds. The Court may reverse a verdict only if there is a complete absence of evidence of a vital fact or the evidence offered to prove a vital fact is "no more than a mere scintilla," or if the evidence establishes conclusively the opposite of the vital fact. All of this may sound a little bit arcane, but in the world of lawyers this distinction is important. In LaSalle's appeal to the Supreme Court, it has a harder burden to prove that the jury's award should be overturned. LaSalle must show that there was "no" compe-tent evidence to support the verdict.
This is an important case to pipeline companies, who are busily condemn-ing pipelines in the Eagle Ford Shale play. As LaSalle's brief says, "under the Fourth Court of Appeals' reasoning, there can be no certainty or predictability in the budgeting for land costs associated with such projects, because under the Court of Appeals' opinion landowners may impermissibly reap substantial remainder damages based solely upon speculation and conjecture. The appellate decision in this case is being cited by landowners in condemnation actions pending throughout South Texas and the Eagle Ford Shale area for the proposition that substantial remainder damages are due in every pipeline condemnation case."
If the Supreme Court elects to take this case, it will be interesting to see if it decides once again to overturn a jury verdict in favor of a landowner.
Special thanks to John McFarland for allowing this reprint from his blog, www.oilandgaslawyerblog.com.
Advertising in the
Newsletter is being
conducted on a trial basis.
Contact Karen Gnuse for details
(972) 420-0800
Real Estate Consultants
Offices in Dallas & Fort Worth
Toll Free: (800) 340-2166
Advertisement
*DISCLAIMER: This column is not a substitute for legal counsel, and an attorney should be
consulted to answer specific legal issues.
Page 5 North Texas News
Photos JANUARY MEETING AND COURSE 100
Course 100: Principles of Land Acquisition was held January 23-26, 2012 at Oncor Electric Delivery i n Fo rt W o rt h. Attendance was a whopping twenty six students! Special thanks to Oncor for hosting the course and providing lunch. Course facilitators were Karen Houdashell and Donnie Sherwood.
Page 6 North Texas News
Committee News COMMITTEE MEMBERS
YOUNG PROFESSIONALS - JOSH CANUTESON, CHAIR
The Young Professionals group would like to invite all those 35 years and under to Top Golf, located at 8787 Park Lane, Dallas, TX on February 1st at 6:30. It is a covered driving range with balls that are tracked electronically, allowing for some interesting golf games. The forecast shows that day to be sunny with a high around 67 so it should be great weather for golf. We shall see if the weather man is right!
We are going dutch this time and we hope everyone can come out for a few drinks and a good time. Click on the image below for more info.
LILY KHAN
Education Chair
972.420.0800
MARK THIGPEN, R/W-NAC
Education Committee (2 YR)
817.493.5181
DENISE PEREZ, SR/WA
Education Committee (3 YR)
972.721.2472
ROBERT DURAN, SR/WA, R/W-RAC
Professional Development
Committee Chair
214.217.6401
MARCUS BOYD, SR/WA, R/W-RAC
Professional Development
Committee Member (2 YR)
972.979.2850
DONNIE SHERWOOD, MAI, SR/WA,
FRICS
Professional Development
Committee Member (3 YR)
817.332.5522
DORRIEN HIMES
Membership Chair
214.553.9133
KATHY ROBERTSON, SR/WA
Programs Chair
817.884.2426
GREG ALTHOFF, SR/WA, R/W-RAC
Historian
214.749.2753
KAREN GNUSE SR/WA
Public Relations & Marketing
972.420.0800
JOSH CANUTESON, R/W-NAC
Young Professionals Chair
214.217.6437
DALTON VANN
Newsletter Editor/Photographer
817.332.5522
Chapter 36 would like to welcome its newest mem-bers:
Matthew S. Wilbanks- Stateside Right of Way Sony Khatee Bhandari- self Verne Garrison Brian C. Hardison- self Charles D. Hutson- Hutson Land Planners & Devel-opment Consultants, LLC.,
MEMBERSHIP - DORRIEN HIMES, CHAIR
Page 7 North Texas News
Seattle 2012 - Education Conference
Mark your calendars for the 58th Annual International Education Confer-ence to be held in Seattle, WA, at the Westin Seattle. The event will in-clude multiple educational opportunities as well as networking geared toward the right of way professional. Contact the 2012 Conference Plan-ning Committee for specific questions regarding the annual conference and check their website for updates regarding the plans. Full Registration Package includes: · Educational breakout sessions (Monday – Wednesday) · Opening Ceremony/General Session (Sunday) · Networking Welcome Reception (Sunday) · Awards Luncheon (Monday) · Live Auction & Casino Night (Monday) · SR/WA Recognition Breakfast (Tuesday) · Installation Reception/Banquet/Dance (Wednesday) · Meeting Breaks (Monday – Wednesday) · Continental Breakfasts (Monday & Wednesday) · IRWA Expo (Sunday & Monday) Day rates and non-member rates are also available and there are plenty of sponsorship options as well. Several courses will be offered just prior to the conference so check the website for availability. The Rainier Clas-sic Golf Tournament will be held on June 12 for those who wish to hit the links.
February 15 Lunch and Learn Meeting
March 5 Course 105: The Uniform Act
March 13 Lunch and Learn Meeting
April 19-20 Spring Seminar
TBD Course 205: Bargaining and Negotiations
May 8 Lunch and Learn Meeting
May 21-22 Course 801: U.S. Land Titles
Calendar of Events
Conference Location: Seattle Westin 1900 Fifth Avenue Seattle, Washington, 98101 Tel: 1-206-728-1000 www.westinseattle.com Conference Dates: Sunday, June 10, 2012 – Wednesday, June 13, 2012 Member Registration Rates
By March 23 - $475
By May 11 - $575
After May 11 - $650
Golf Tournament Information:
Page 8 North Texas News
Scholarship Opportunity
Chapter 36 is now accepting applications for the revised Donald J. Sherwood,
SR/WA Scholarship. This scholarship is intended to assist students
pursue college degrees and improve recognition of the right of way industry.
In order to better serve the membership, the Board of Directors has made
some important changes to the criteria for qualification of the scholarship.
Here are some of the recent improvements:
Now the scholarship is open only to Chapter 36 members and their family
The applicant does not need to be pursuing a degree in the right-of-way
field (although it may be considered for selection)
Students can be enrolled part-time
The hope was to focus the scholarship benefit on you the member (and your
family)! So if you have a family member that meets all the criteria or perhaps
you are enrolled as a part-time student please submit your application! If you
know of a fellow member who has a student that might benefit, please en-
courage them to apply.
A total of up to three scholarships in the amount of $1,000 each may be
awarded to qualified candidates.
Criteria:
Applicants must be an IRWA Chapter 36 member or a family member of a
current IRWA Chapter 36 member. A family member shall include a
spouse, son, daughter, stepson, stepdaughter, grandchildren (step), great-
grandchildren (step), niece or nephew.
Applicants must be in good academic standing.
Applicants must be enrolled as a full or part-time college student or a high
school student accepted as a full or part-time college student.
Applications must be filled out completely including the required support-
ing documentation such as college or high school transcripts, letters of
recommendation, essay, photo and bio. (See the application for details.)
Applications must be postmarked or electronically delivered by April 14,
2012.
For more details and the application please visit our scholarship page.
Applications are due by
April 14, 2012
Mail or email
application to:
Donna Harrison, SR/WA,
R/W-RAC, R/W-NAC
Pinnacle Consulting
Management Group
1612 Bay Crest Trail
Heath, Texas 75032
E-mail: [email protected]
Click here to
download the
application.
Page 9 North Texas News
Professional Development Committee News
MARCUS BOYD, SR/WA, R/W-RAC
Professional Development Committee Member (2 YR)
972.979.2850
DONNIE SHERWOOD, MAI, SR/WA, FRICS
Professional Development Committee Member (3 YR)
817.332.5522
Your credentials and qualifications can be measured in large part by your education and experience. IRWA has high standards within its education programs which are recognized and respected by clients, businesses, colleagues and employers. The following Right of Way Professional Career paths are offered by IRWA.
Specialist Certifications
There are 6 discipline certifications available under this program, namely:
R/W-AC Appraisal Certification
R/W-AMC Asset/Property Management Certification
R/W-EC Environmental Certification
R/W-NAC Negotiation and Acquisition Certification
R/W-RAC Relocation Assistance Certification
R/W-URAC Uniform Act Certification
Generalist Career Path
There are 3 levels of certification and 1 designation available under this program, namely:
RWA Right of Way Agent Certification
ARWP Associate Right of Way Professional Certification
RWP Right of Way Professional Certification
SR/WA Senior Right of Way Professional
The website for IRWA is www.irwaonline.org and contains all the information for the program fees, courses required, needed experience, and application forms. All initial candidacy applications, completion applications and/or capstone exam requests must be submitted to your Chapter 36 Professional Development Committee (PDC), who will review for completeness and then submit to headquarters. Your PDC team includes Robert Duran (214-217-6401) [email protected]; Marcus Boyd (972-979-2850) [email protected]; Donnie Sherwood (817-332-5522) [email protected].
ROBERT DURAN SR/WA, CHAIR
PDC Committee Members
Robert Duran, PDC Chair
1201 North Bowser Road
Richardson, Texas 75081
214.217.6401
Page 10 North Texas News
Education Committee
As a reminder to our members Chapter 36 has extended the member discount through the end of 2012. What does this mean to you? BIG, BIG SAVINGS. In addition to the IRWA Member discount you already receive, add an additional Chapter discount. For example if you register for a two Day course you can apply an $80 discount, for a one Day course you can apply a $40 discount.
In order to take advantage of your Chapter 36 discount please send your registra-tion form to Lily Khan, Education Chair at [email protected] or Mark Thigpen, Co-Chair at [email protected]. If you would like additional infor-mation please call Lily at 972.420.0800 or Mark Thigpen at 817.493.5181 for de-tails.
Also, we are in the process of adding more courses to our 2012 calendar to meet some courses needed by many members to fulfill ROW Career Paths.
Our up and coming Course 105: The Uniform Act Executive Summary is scheduled for March 5, 2012 and held at Halff and Associates training facilities in Richardson. If you need this course please register immediately. We still have some seats open for registration. Course 105 is “The Uniform Act Executive Summary” and is a one-day course that combines regulatory information and practical considera-tions to provide a better understanding of land acquisition activities that receive federal financial assistance or that utilize federal regulations. This course will benefit anyone who wants to learn more about the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended. It is designed to provide in depth knowledge to:
Understand the key components of land acquisition activities that receive fed-eral financial assistance or that utilize federal regulations Express a basic un-derstanding of the federal land acquisition and relocation assistance require-ments
Identify the steps in a “typical” land acquisition project; specifically, project components and impacts on both project schedules and budgets
LILY KHAN, EDUCATION CHAIR
COURSE TITLE DATES FACILITATOR
105 The Uniform Act 3/5/2012 To be announced
213 Conflict Management 4/49/2012 Pete Brown
801 U.S. Land Titles 5/21-22/2012 Scott Newman
900 Principles of RE Engineering 6/4-5/2012 Kyle Ray
203 Alternative Dispute Resolution 7/23-24/2012 Pete Brown
400 Principals of Real Estate Appraisal 9/24-25/2012 Charles Stearman
410 Review Appraisal in ED 10/22/2012 Charles Stearman
IRWA ON LINE: LOG IN REGISTER
Education Calendar
Lily Khan, Education Chair
U.S. Right of Way Company
151 W. Walters Street
Lewisville TX 75057
MARK THIGPEN, R/W-NAC
Education Committee
Member (2 YR)
817.493.5181
DENISE PEREZ, SR/WA
Education Committee
Member (3 YR)
972.721.2472
Education Committee
Page 11 North Texas News
Stephanie Burkhardt
Where do you work, what do you do, and how long have you been there? I work with United States Right of Way Company, Inc., formed in Feb-ruary of 2000, where I am the CEO and shared Owner with Lily Khan and Darrell Burkhardt. My main duties involve insuring that we have the right persons working on each project with the experience, educa-tion and tools needed to successfully complete each assignment.
Tell us about your family. My amazing husband Darrell and I have been married 22 years this May. We also have had many teens in our home including our niece, nephew and 6 exchange students from all over the world who remain a huge part of our lives. I also can’t forget my 4 legged babies, Jay Jay and Bogie!
Where did you grow up and how did you come to live in the DFW area? I grew up about an hour east of Dallas in the small dairy town of Sul-phur Springs. Living in several places since college, we finally landed in Dallas in 1999 to set up a right of way division at CoServ Gas and Elec-tric in Corinth. We love the Highland Village area so much, we decided to stay!
When not working, what hobbies do you enjoy? I really enjoy reading a good book and playing card games. But, to the dismay of my husband, my passion is shopping!
Who introduced you to IRWA and how long have you been a member? I have been a member since 2000 and always with Chapter 36!
What did you do before your Real Estate career began? I worked in the medical insurance field, working for Aetna Healthcare and then for an anesthesiology group.
Tell us about your most difficult ROW project. My most difficult would have to be working on a project where I was in charge of title searches to sovereignty. I had done a lot of 30 year title runs but taking it all the way back was quite a challenge. Now, I’d like to consider myself a true title pro!
When you were a little girl what did you want to be? A lawyer or a flight attendant. Funny since I am afraid of flying!
If you had to spend 2 years on a deserted island, what book, CD and movie would you bring?
Book – A New Earth by Eckhart Tolle
CD – Tom Petty Greatest Hits
Movie – The Usual Suspects
Member Spotlight STEPHANIE BURKHARDT
INTERVIEWED BY PIPER OGAN
United Sates Right of Way Company, Inc. 151 W. Walters Street Lewisville, Texas 75057 972-420-0800 972-420-0820 (fax) stephanie.burkhardt @usrightofway.com
Continued on next page
Page 12 North Texas News
Piper Ogan
Would you like to advertise in North Texas News? Please contact Karen Gnuse for details. 972.420.0800 [email protected] All advertising must be approved by the Chapter 36 board and/or marketing committee. All ads must
be submitted prior to the 15th of the month and are subject to size and quality restrictions. IRWA
Chapter 36 reserves the right to accept or reject any advertisement or material submitted for
publication without notice. Advertisements are only accepted for commercial messages directly
related to the right-of-way profession and submitted by IRWA Chapter 36 members or their
employers. IRWA Chapter 36 and the International Right of Way Association expressly disclaims
responsibility for and in no way implies endorsement or approval for the content or accuracy of
articles, opinions and advertisements published herein.
If Hollywood made a movie about you, what actress would you want to represent you? Cate Blanchett. She is beautiful and talented. I would be honored!
You have been involved with Chapter 36’s Professional Development Committee, the website and the Spring Seminar to name a few. Why have you gotten involved and what would you recommend for mem-bers who may not be aware of the opportunities that Chapter 36 of-fers? I became involved with the chapter due to the many opportuni-ties it has to offer, with education being the topmost. Getting to par-ticipate in the PDC, the website and the Spring Seminar has allowed me to deepen my understanding of what exactly the IRWA is commit-ted to doing for its members. The Spring Seminar, put on by our very own Chapter 36, is a crowning achievement and should be attended by everyone! Not only is it a great opportunity for networking, but the lessons learned from the speakers are invaluable.
What advice would you give to someone starting out in the ROW profes-sion? Jump right in and get as involved as you possibly can. There are so many avenues to learn and keep learning with the IRWA being your best source. With the education offered and the knowledge and ex-perience from members, you can’t help but soar!
Member Spotlight STEPHANIE BURKHARDT
INTERVIEWED BY PIPER OGAN
If you or your sponsoring company receive an
award, achieve a mile-stone, or receive some
other recognition, help us publicize it! Send us a note
about it and we will include it in the newsletter.
Contact Dalton Vann at [email protected] or
817-332-5522 x. 271. ADVERTISING OPPORTUNITY
In the business world, everyone is paid in two coins: cash and experience. Take the experience first; the cash will come
later. - Harold Geneen
Always take hold of things by the smooth handle. - Thomas
Jefferson
THE ROAD TO WISDOM
Page 13 North Texas News
North Texas News - Chapter 36 INTERNATIONAL RIGHT-OF-WAY ASSOCIATION
DALLAS-FORT WORTH, TEXAS Since 1960
Have a Job Opportunity you’d like to post? Please submit all Right of Way Industry related job
opportunities to: Dalton Vann at [email protected]
Generic SR/WA Recertification Application now available online