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Page 1 North Texas News
INTERNATIONAL RIGHT-OF-WAY ASSOCIATION
DALLAS-FORT WORTH, TEXAS SEPTEMBER 2020
In This Issue
North Texas News Since 1960
Featured Speaker and Luncheon 1-2
IRWA Chapter 36 Board 2020-2021 3
President’s Message 4-5
Ask the Attorney 8-9
Education Committee News 10
Save the Date Educational Webinar 11
Chapter Officers 2020-21
President: DALTON VANN, MAI, SR/WA, R/W-AC 817.962.2371 Vice-President: SARAH RIEBE, SR/WA, R/W-NAC 817.304.2051 Treasurer: MICHAEL HALE, SR/WA, R/W-URAC, R/W-NAC, R/W-RAC 817.445.1016 Secretary WILL SNIDER, MAI, RWA, R/W-AC
817.334.8122
PDC Chair: MATT LANCE, SR/WA, R/W-RAC, R/W-URAC 817.390.9848 PDC-2 Year: JEREMY F. DUSKIN, RWA 405.388.5757 Cell/817.884.1176 Office PDC-3 Year: TOMMY MATTHEWS, R/W-AC 214.556.4035
Director-1 Year: KRISTEN BENNETT, SR/WA, R/W-RAC 972.971.8660 Director-2 Year:
LORA GUNTER, J.D., SR/WA
FEATURED SPEAKER: CHAPTER 36 LEADERSHIP & TIM DRENNAN, IRWA DIRECTOR OF FIELD OPERATIONS: TOPIC: IRWA MEMBERSHIP IN A COVID WORLD
September Meeting Lunch Date and Location:
September 8, 2020 @ 11:30 a.m. to 1:00 p.m. Stonebriar Country Club 5050 Country Club Drive Frisco, TX 75034
Luncheon Menu
Menu:
Chef’s Choice: One entrée, two sides, and dessert.
Although we’re not sure what is being served yet, our Programs team is diligently coordinating with the host to ensure safe and tasty food ser-vice. There will not be a buffet to avoid close contact and shared uten-sils. But you’re not coming for the food anyway, right?
Please register soon if you have not already done so! Cut off for regis-tration is September 3, 2020 @ 12:00 p.m.
$20.00 Member
$25.00 Non-Member/Walk-in
$0.00 First-Time Guest
No-shows will be billed
Page 2 North Texas News
This event is not going to appeal to everyone. We all have different risk levels and tolerances. While we want to offer services like luncheons to our members, it is ultimately up to every individual to decide if an in-person luncheon is for you. We will be offering a limited number of seats with increased safety pre-cautions at the September 8 luncheon. First come, first served. We also plan to stream the Chapter 36 meeting over Zoom so those who can’t at-tend in person won’t miss out! Please register early so we can contract a guaranteed minimum number of attendees with the hosting venue!
Safety Precautions:
• Social distancing rules will be observed while in the country club and masks are required to attend.
• If you feel unwell, have a fever, or have recently been exposed to an infected person, please do not attend.
• Reduced seating at each table. 5-6 people per table.
• You don’t have to eat! Everyone is welcome to come but don’t feel obligated to have lunch. Spaced seating at the back of the room will be available. Unfortunately, we still have to charge the regular fee to attend.
• Please refrain from hugs and handshakes. Long-distance hugs are wel-come.
Page 3 North Texas News
IRWA Chapter 36 Board
2019-2020
Elected Officers
President Dalton Vann
Vice-President Sarah Riebe
Treasurer Michael Hale
Secretary Will Snider
Director-1 Year Kristen Bennett
Director-2 Year Lora Gunter
Professional Development Committee Chair Matt Lance
PDC - 2 Year Jeremy Duskin
PDC - 3 Year Tommy Matthews
Committee Chairs
Education Committee Chair John Bennett
Education - 2 Year Dorrien Himes
Education - 3 Year Lauren McCarthy
Education- Course Coordinator Gina Phalen
Young Professional TJ Smith
Programs Christi Glendinning
Programs Co-Chair Melissa Erhardt
Membership Chair Juan Salazar
Membership Committee (Onboarding) Bud Rogers
Website Darrin Rout
Social Media Leighton Gambill
Newsletter Andy Cox
Public Relations & Marketing Ana Salazar
Historian Danyelle Donnelly
Registration Darlene Snow
Registration Co-Chair Clara Castaneda
Page 4 North Texas News
Dalton Vann —President MAI, SR/WA, R/W-AC, CBRE Director of Right of Way
PRESIDENT’S MESSAGE
It goes without saying that we are all learning new ways to continue our education and professional relationships these days. For example, the 2020 Spring Seminar and Region 2 Forum that was to be held in Fort Worth was canceled due to the spread of a virus, unprecedented in our time. I regret the missed opportunities for members to connect, to rekindle relationships, and even take the next steps in their education or IRWA in-volvement. But in hindsight, I firmly believe It was the right decision to cancel the Seminar given the risks and unknowns associated with the COVID-19 pandemic.
We find ourselves beginning a new fiscal year while attempting to provide our clients, coworkers, employees, and community with the same services that we built our businesses on and committed a significant portion of our working lives to. Most of us are still devoted to that mission if for no other reason than necessity, and it is my hope that this chapter will be a re-source to you in some small way.
Some of us have been able to pick up where we left off by working from home without missing a beat. Others have struggled with the transi-tion in unexpected ways. The CDC reported that about half of the U.S. pop-ulation is struggling with some sort of mental health or substance abuse problem as of late June in this year. Moreover, some of us are experiencing serious economic impacts through job loss, reduced hours or commissions, and declining revenue. That’s why we have made the decision to attempt to conduct IRWA business with as much normalcy as we can, while consider-ing the safety of our community. And we are a community.
So, we are meeting on September 8, 2020 at a country club and will have lunch together like we have so many times before… and try to main-tain community. But unlike so many times before, we have a new set of considerations and responsibilities to one another. Not only must we con-sider the safety of other members and our host staff, but we must also be considerate of a range of sensibilities. There are some who have little or no concern over the virus. There are some of us who are gravely concerned for our personal safety and the safety of our families. And there are many of us who fall somewhere in between.
Dalton Vann, MAI, SR/WA, R/W-AC,
Director of Right of Way
Dalton Vann, MAI, SR/WA, R/W-AC
Director of Right of Way
CBRE
817 806 1691
Page 5 North Texas News
Dalton Vann —President MAI, SR/WA, R/W-AC, CBRE Director of Right of Way
PRESIDENT’S MESSAGE
I expect those of our membership who are in high-risk categories and those who are concerned about their safety will not attend our Septem-ber 8 meeting. And I encourage those of you in that category to please re-frain from attending luncheons. Chapter 36 will do what we can to ensure members are not excluded from participation by providing Zoom video feeds of meetings. I ask you to participate if you can. I ask you to connect in whatever ways you can. I also ask you to show the utmost level of re-spect and to extend a full measure of personal and professional courtesy to others who do not think like you do. And we do have members who don’t think like you do. Thank goodness for that! That variety of sensibilities and life experiences enables us to learn from the experiences of others and make better decisions than we would alone.
So, we meet in person and we meet virtually and hopefully we can accom-modate our members in ways that fit your situation. It is an experiment and things could change tomorrow, so I ask for your patience as we try to make good decisions for Chapter 36.
So much will look different this year. Education will look different, with fewer in-person classes and the launch of IRWA’s new instructor-led, on-line classes. Professional development and continuing education will look different, with lunch-and-learn formats for chapter meetings. Social events will obviously look different this year. But I hope you will each find ways to continue to be social, even while honoring distance.
Dalton Vann, MAI, SR/WA, R/W-AC,
Director of Right of Way
Dalton Vann, MAI, SR/WA, R/W-AC
Director of Right of Way
CBRE
817 806 1691
Page 6 North Texas News
Page 7 North Texas News
Page 8 North Texas News
Scott Moran, Jordan Miller, & Charlie Wilson, Baker Moran Doggett Ma & Dobbs LLP
Ask the Attorney
Scott Moran
Baker Moran Doggett Ma & Dobbs
1400 Preston Road, Suite 350
Plano, Texas 75093
469.351.3487
Jordan Miller
469.351.3496
Charles Wilson
469.351.3487
Question: From a legal standpoint, can a landowner recover for dam-aged or lost crops in a Texas condemnation proceeding?
Answer: It is longstanding Texas law that, in an eminent domain
proceeding, a landowner cannot recover for damage to crops, loss of trees, ornamental shrubs, and the like as sepa-rate items; the value of growing crops and these features can be taken into consideration in determining compensa-tion only insofar as they affect the market value of the land, as land. White v. Natural Gas Pipeline Co. of America, 444 S.W.2d 298, 301 (Tex. 1969); See also Hanford-Southport, LLC v. City of San Antonio ex rel. San Antonio Water Sys., 387 S.W.3d 849, 855 (Tex. App.—San Antonio 2012, pet. denied)(Landowner was not entitled to value the trees and other flora separately from the land. Rather, precedent states that although trees and other improvements on the land can be considered as possible enhancements to the val-ue of the land (if they actually enhance the value), they cannot be valued separately, and the market value of the land as land is the proper method by which a condemnation award is determined).
This has been the rule in Texas since 1883, when the Su-
preme Court of Texas held: In estimating the value of [a condemnee's] property, no
separate account should be taken of the trees cut from the land, but the value of the land taken with the trees growing on it should be assessed. They are part of the realty and should not be separated from it in arriving at the value of the land.
See Tex. & St. Louis R.R. Co. v. Matthews, 60 Tex. 215,
216 (1883).
For example, in a condemnation proceeding wherein evi-dence showed that there were 192 pecan trees on part of land condemned, evidence was tendered as to varieties, siz-es and ages of such trees, some testimony was tendered as to income from orchard as a whole, which included more than 500 trees, in which testimony greatly varied, and value of land taken and all questions relating to damage were ful-ly developed, however, the court refused to permit witness-es to testify as to reasonable market value of separate indi-vidual trees on strip taken. See Eubank v. State, 330 S.W.2d 510, 515 (Tex. Civ. App.—Waco 1959, writ ref'd n.r.e.);
Page 9 North Texas News
Scott Moran, Jordan Miller, & Charlie Wilson, Baker Moran Doggett Ma & Dobbs LLP
Ask the Attorney
Scott Moran
Baker Moran Doggett Ma & Dobbs
1400 Preston Road, Suite 350
Plano, Texas 75093
469.351.3487
Jordan Miller
469.351.3496
Charles Wilson
469.351.3487
See Nueces County v. Salley, 348 S.W.2d 397 (Tex. Civ. App.—San Antonio 1961, writ ref'd n.r.e.)(the Court, held that reduction in sale value of nursery stock could not be considered as proof of reduction of value of residue of real estate following condemnation of a portion thereof).
A variation to the general rule is found in the City of Tyler v. Arp Nursery Co. case where the court found, and the City conceded, that because some of the trees on the prop-erty were seedlings and graftwood trees, planted and care-fully cultivated for use in the existing nursery tree business, it could take into account the separate value of those trees in determining/enhancing the market value of the land. See 451 S.W.2d 809, 810 (Tex. Civ. App.—Tyler 1970, writ ref'd n.r.e.). This issue was not appealed though; rather, the issue on appeal was whether the trees and nursery stock were personalty or realty. Id. at 811. The court held they were realty and thus to be considered in the market value determination. Id. at 811–12.
The court in Hanford-Southport declined to extend the findings in the Arp Nursery case. In the Arp Nursery case, the City of Tyler was condemning the landowner's proper-ty, a tree nursery business, for a lake. See Hanford-Southport, 387 S.W.3d 849 at 855. In Hanford-Southport, the condemnee was not operating as a nursery with trees and seedlings cultivated for sale as part of the business. In fact, the trial court specifically found in finding of fact 17 that Hanford–Southport never operated a nursery or sold trees as a business, thus, the Arp Nursery case was inappli-cable. See id (the Hanford-Southport court reaffirmed the longstanding Texas Supreme Court cases).
Page 10 North Texas News
John Bennett, SR/WA, R/W-RAC, R/W-URAC
Education Committee News
Education Committee
John Bennett, SR/WA, R/W-RAC,
R/W-URAC
Education Chair
Greetings Chapter 36 Members!
It is an odd time, but we hope everyone stays safe and gets through this with limited to no consequences. Due to the changes in personal and professional policies that have been affected by the COVID 19 pandemic, we have cancelled several in-person classes and adjusted our educational schedule. Headquarters has taken up the daunting task of creating a safe virtual reality space, so that our members can continue meet-ing their training and certification needs. So how do we move forward? If you need a class, headquarters has a calendar of virtual classes that are com-ing up. They are located at IRWA Virtual Classes Calendar. Please note that the current maximum attendance capacity for these classes is 20 students. If time is not on your side and you cannot wait for a scheduled VR class, or if a class has reached full capacity prior to your registration, then there are several courses that can be taken on demand. They can be accessed by going to IRWA U. *When you are registering for these virtual and on demand classes, please make sure to identify yourself as a chapter member* If your company would like to host a closed/ private course, we will be happy to work with you on scheduling the instructor and help coordinate the class. Just send us an email. https://irwachapter36.org/Education For the 2020 – 2021 year, we are happy to have the following individuals volun-teer their time.
Chapter EDC Coordinator – Gina Phalen
Chapter EDC 3rd Year – Lauren McCarthy
Chapter EDC 2nd Year – Dorrien Himes
Chapter EDC Chair – John Bennett
Which Courses Do I Need?
Only the PDC can tell you which class you need to complete the education re-quirements 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 creden-tialing are located at www.irwaonline.org. Just visit the "Credentialing" tab.
