international right-of-way association ... - irwa …...this is an exciting year for chapter 36! we...
TRANSCRIPT
Page 1 North Texas News
INTERNATIONAL RIGHT-OF-WAY ASSOCIATION DALLAS-FORT WORTH, TEXAS
FEBRUARY 2020
In This Issue
February Luncheon 1
Upcoming Meeting Locations 2
President’s Message 3-4
IRWA Chapter 36 Board 2019-2020 5
Ask the Attorney 6-7
Professional Development Committee 8
Membership Committee News 9
Region 2 Spring Forum 10
Spring Seminar Sponsorships and Registrations
11-12
Education Committee News 13
Advertising Committee 14
20/20 Vision Scholarship Program 15
North Texas News Since 1960
President LORA GUNTER, J.D., SR/WA 512-545-4565 Vice President DALTON VANN, MAI, RWA, R/W-AC 817.962.2371 Treasurer JENNIFER HALL, SR/WA, R/W-NAC 817.665.8213 Secretary SARAH RIEBE, SR/WA, R/W-NAC 817.304.2051 PDC-1 Year: DENISE LOPEZ, SR/WA, R/W-RAC 817.459.6537 PDC-2 Year: MATT LANCE, SR/WA, R/W-RAC, R/W-URAC 817.390.9848 PDC-3 Year: JEREMY F. DUSKIN, SR/WA 405.388.5757 Cell/817.884.1176 Office Director –2 Year KRISTEN BENNETT, SR/WA, R/W-RAC 972.971.8660 Director-1 Year KIM HIEBERT, SR/WA, R/W-RAC, R/W-NAC
Chapter Officers 2019‐20
FEATURED SPEAKER: TRAVIS CAMPBELL, P.E. MAJOR UPCOMING MOBILITY PROJECTS IN THE DALLAS DISTRICT
Travis Campbell began his career as a summer hire for Texas Department of Transportation and worked for three consecutive summers in the Lufkin District. Travis is a graduate of Texas A&M University. He began full-time employment as an Engineer in Training at TxDOT in June 2010 in Roadway Design at the Dallas District and later worked in the Collin County Area Office as a Project Engineer in construction. In 2015, Travis accepted a position as the H & H Design Section Supervisor. Then he became the Project Delivery Office Supervisor for the Dallas District in 2017. In this role he oversees schematic and PS&E development, the District H&H section, and the “local let” program.
February Meeting Lunch Date and Location: February 11, 2020 @ 11:30 a.m. to 1:00 p.m.
Brookhaven Country Club 3333 Golfing Green Dr. Dallas, TX 75234
Luncheon Menu
Lunch buffet, house salad, starch, seasonal vegetables, warm rolls and dessert Please register soon if you have not already done so! Cut off for registration is February 7, 2020 @ 12:00 p.m. $20.00 Member $25.00 Non-Member/Walk-in No-shows will be billed
Page 2 North Texas News
UPCOMING MONTHLY MEETING LOCATIONS
Date Topic Location Address
11-Feb-20 TxDOT Brookhaven Country Club
3333 Golfing Green Dr, Dallas, TX 75234
10-Mar-20 HUD City Club of Fort Worth
301 Commerce St, Fort Worth, TX 76102
14-Apr-20 Cost Estimates - Marathon Construction
Lone Star Park - Alysheba Room
1000 Lone Star Parkway, Grand Prairie, TX 75050
12-May-20 Scott Levine Banowsky & Levine
Prestonwood Country Club
15909 Preston Road, Dallas, TX 75248
9-Jun-20 Speaker Installation Stonebriar Country Club
5050 Country Club Drive, Frisco, TX 75034
Page 3 North Texas News
Lora Gunter, J.D., SR/WA
PRESIDENT’S MESSAGE
This is an exciting year for Chapter 36! We are in our 60th year as a
chapter in the International Right of Way Association (IRWA). Chapter 36 has grown over the years and now is one of the largest in the Association. Our Chapter membership count is currently 467. Wow! We are part of IR-WA’s Region 2, along with the chapters in the following areas: Houston, Austin, San Antonio, Arkansas, Louisiana, Oklahoma, and Mexico. We look forward to celebrating our 60th anniversary throughout 2020.
We will be able to showcase our amazing Chapter when we host the
Region 2 Forum in April. This is a semi-annual Region business meeting. You may have heard the meeting referred to as the “Winter Forum” or “Spring Forum.” Some regions call it the Winter Forum because at the time it is held, the weather still indicates it is winter in the geographic area. In the past, the Region 2 Forum was held earlier in the year, in February or early March, so we called it the Winter Forum. In recent years, it has been held in late March or April. So, that is how it transitioned to be known as the Spring Forum. The weather in Region 2 is too predictable to really tie it to the sea-son—you never know what it will be one day to the next! The point is, don’t be confused about the alternating use of the terms Winter/Spring Forum.
The other Region 2 business meeting is held annually in College Sta-
tion in late July/early August, along with the Summer Refresher seminar. Some regions hold a meeting somewhat later and call it the Fall Forum.
Chapter 36 holds an annual Spring Seminar called Hot Topics in Real
Estate and Eminent Domain. We also host the Steve Baggett Memorial Golf Tournament the day prior to the Spring Seminar. This year, we will combine the Seminar and golf tournament with the Region 2 Spring Forum in order to host one mega-event.
Our festivities will all be held at the Marriott Champions Circle,
which is located near I-35W and SH 114. It will kick off with the golf tour-nament on Wednesday, April 1. The following day, we will have the tradi-tional Spring Seminar. That evening, there is an exciting event across the street at Texas Motor Speedway! Then, we will have the Region 2 Spring Forum on Friday, April 3. Please check the Chapter 36 website for infor-mation. The registration will be done through Housman and Associates. (The registration link will have the “Who’s RSVP’d for Forum” list so that you can see who is coming!).
Even if you don’t typically make our luncheons and other events, I do hope you can make at least some portion of this mega-event. And, I chal-lenge those of you who are “regulars” to invite a guest to golf or to the Semi-nar. The Region 2 Spring Forum is a business meeting that is typically at-tended by Board members of the various chapters, but it is open to the gen-eral membership to attend. If you want to know more about the IRWA, this is a great way to learn. Okay….now go register!!!
Lora Gunter, J.D., SR/WA President
Lora Gunter, J.D., SR/WA Volkert, Inc. 512-545-4565
North Texas News
Page 4 North Texas News
Lora Gunter, J.D., SR/WA President
Lora Gunter, J.D., SR/WA Volkert, Inc. 512-545-4565
IF YOU HAVE A STORY TO SHARE ABOUT CHAPTER 36 HISTORY, PLEASE LET ME KNOW! WE’D LOVE TO INCLUDE A WRITE-UP IN THE NEWSLETTER OR SHARE IT AT A LUNCHEON.
PRESIDENT’S MESSAGE
Lora Gunter, J.D., SR/WA
Page 5 North Texas News
North Texas News
IRWA Chapter 36 Board
2019-2020
Elected Officers
President Lora Gunter Vice-President Dalton Vann Treasurer Jennifer Hall Secretary Sarah Riebe Director-1 Year Kimberly Hiebert Director-2 Year Kristen Bennett Professional Development Committee Denise Lopez
Committee Chairs
Education Will Snider Young Professional TJ Smith
Programs Co-Chair Christi Glendin-ning
Programs Co-Chair Juan Salazar Membership Leighton Gambill Website Darrin Rout Social Media Gina Phalen Newsletter Andy Cox Public Relations & Marketing Tommy Matthews Historian Clara Castaneda Registration Co-Chair Darlene Snow Registration Co-Chair Ana Salazar Int’l Transportation Committee Liaison Miriam Salazar Spring Forum 2020 Co-Chair Leighton Gambill Spring Forum 2020 Co-Chair Jennifer Hall
Committee Members
Education - 2 Year John Bennett Education - 3 Year Dorrien Himes Education- Course Coordinator Lauren McCarthy PDC - 2 Year Matt Lance PDC - 3 Year Jeremy Duskin
Membership Budd Rodgers
Page 6 North Texas News
Scott Moran, Jordan Miller, & Charlie Wilson, Baker Moran Doggett Ma & Dobbs LLP Ask the A orney
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
North Texas News
Question: What is an avigation easement, and can it be a compensable taking?
Answer: Avigation easements are easements which grant the right to
direct civilian or military flights at low levels over property which are typically located near an airfield or airport.1
Avigation easements present unique evidentiary issues because alt-hough it is assumed one owns the airspace above one’s land the air is a public highway and the airspace above the land is part of the public domain. Federal law reserves to the United States exclusive sovereignty over United States airspace.2 Consequently, to establish a taking by aircraft overflights, a land-owner must show that overflight effects impact the land directly, immediate-ly, and substantially so that the property is unusable for its intended purpose.3 Flights over private land must be so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land. Examples of typical evidence necessary to prove a taking under an avigation easement are overflights that cause noise comparable to that of a riveting machine or steam hammer,4 blinding glare, intense noise that makes communication impossible, jet fuel sprays, vibration that brakes windows, cracks walls, and separates plaster from walls and ceilings.5 The property must no longer be usable for its intended purpose i.e. – unfit for residential habitation, farming, office space that is reduced to grazing land. Nevertheless, unless the noise associated with overflying aircraft is unique or different in kind and frequency from those “enjoyed” by the com-munity at large, then such damages associated may not rise to the level re-quiring compensation.6 Overflights “must be frequent and low, causing a di-rect, immediate, and substantial interference with the property owner's use and enjoyment of the land” to entitle compensation.7 The physical invasion of airspace directly above a property imposes an easement upon such land, whether through statutory or inverse condemnation claims, where the airspace is restricted from being invaded. For example, in one case, jets were reported-ly flying between 30-300 feet above Plaintiff’s residence on approach/departures from runway. 8
_____________________________________ 1 City of Austin v. Travis County Landfill Company, LLC, 73 S.W.3d 234, 234-237 (Tex. 2002). 2 49 U.S.C.A. § 40103(a)(1). 3 Travis County Landfill Co., 73 S.W.3d at 237. 4 Griggs v. Allegheny County, 369U.S. 84, 82 S.Ct. 531, L.Ed.2d 585 (1962). 5 City of Houston v. McFadden, 420 S.W.2d 811, 814 (Tex.Civ.App.-Houston [14th Dist.] 1967, writ ref’d n.r.e.), Melillo v. City of New Haven, 732 A.2d 133, 140, 141 (Conn. 1999). 6 See Felts v. Harris County, 915 S.W.2d 482, 485 (Tex. 1996). 7 Wilkinson v. Dallas/Fort Worth Intern. Airport Bd., 54 S.W.3d 1, 16 (Tex.App.-Dallas 2001, pet. denied) citing City of Austin v. Travis County Landfill Company, LLC, supra at 198. 8 United States v. Causby, 328 U.S. 256, 264, 66 S.Ct. 1062, 90 L.Ed. 1206 (1946); See gen-erally, Griggs v. Allegheny County, 369U.S. 84, 82 S.Ct. 531, L.Ed.2d 585 (1962)( where jets were reportedly flying between 30-300 feet above Plaintiff’s residence on approach/departures from runway).
Page 7 North Texas News
Ask the A orney
North Texas News
Scott Moran, Jordan Miller, & Charlie Wilson, Baker Moran Doggett Ma & Dobbs LLP Ask the A orney
Evidence to prove these types of damages will come from testimo-ny of landowners, photographs and videos of deteriorating structures, sound level testing and videos of overflights. Land planners can illustrate possible improvements on a tract of land with limitations imposed due to height restrictions. Acoustic engineers may be valuable witnesses interpret-ing the sound data testing and rendering relevant opinions on the effects such sound levels have upon uses of property.
Page 8 North Texas News
PROFESSIONAL DEVELOPMENT COMMITTEE MESSAGE Denise Lopez, SR/WA, R/W‐RAC
The Professional Development Committee is available to help you reach your right-of-way goals. Our success and the Chapter’s success are not only measured by the sheer number of members we attract, but also by the professional advancement our organization can offer. Congratulations to the following Chapter 36 mem-bers for achieving their recent designations. Specialist certifications:
Johnathan Rivera, R/W-NAC
Industry Certifications:
Norman Brooks Williams, Right of Way Agent – RWA Benjamin Goss, Right of Way Agent – RWA
For any questions on obtaining a certification or if you have any other questions regarding your Professional Devel-opment goals please contact the PDC Committee. PDC Committee Members: Denise Lopez - SR/WA, R/W-RAC – PDC Chair Matt Lance - PDC Committee (2 Yr.) Jeremy Duskin - RWA – PDC Committee (3 Yr.)
Denise Lopez, SR/WA, R/W-RAC Committee Chair
City of Arlington 817-459-6537
Page 9 North Texas News
Leighton Gambill Sendero Appraisals, LP
[email protected] 214-632-4243
Membership Committee News Leighton Gambill, Membership Chair
Leighton Gambill Committee Chair
Hello Chapter 36 Members! It is that time of year again… RENEWAL TIME! If you have not already done so please follow the steps below to re-new you 2020 IRWA Membership! Our local board will be calling the remaining people that have not paid in the next few weeks. If you do not renew on time there is a chance that you can lose your designation! It is very important that you get this done soon. If you need assistance with any step of the process below please reach out to me at [email protected] If you are unsure if you have paid I would love to help you with that as well! 1. Log into your account at https:// www.irwaonline.org/ 2. Click on “Member Resources” 3. Click on “Member Profile” 4. Click on “Dues Renewal Invoice” 5. Follow the steps to pay online! Or Print your invoice and Mail/fax/email it in!!
Page 10 North Texas News
January 31, 2020
Dear Members, If you haven’t heard yet, we are bringing the IRWA Region 2 Spring Forum back to North Texas! This is going to be an event unlike any we have done before. We will be hosting our annual Educational Seminar as well as the Steve Baggett Memorial Golf tournament in conjunction with the Forum! With hosting such a large event we are going to need a lot of support to make is as successful as years past. We hope that you will take a look at our very exciting sponsorship oppor-tunities and find additional value in the exposure your company will receive at the Seminar and Forum. We have ex-panded our usual sponsorship levels so that every company, large and small, can find something that works! Proceeds from our seminar not only make it possible for Chapter 36 to provide continuing education to attorneys, agents, brokers, surveyors, and appraisers at such an affordable rate, but it also allows the Chapter to provide other edu-cation benefits for our members. Income from our Spring Seminar allow Chapter 36 to continue to provide discounted educational opportunities and incentives at monthly meetings all made possible by your generous giving. To fit your needs there are now FIVE levels of sponsorship. This year we have other unique options for the golf tourna-ment, seminar, and forum! Several of these opportunities are on a first come first serve basis. Please see the following page for a breakdown of each level and the marketing potential they offer for your company. With your support we look forward to making this the best year yet! If you have any questions about becoming a sponsor or if you wish to get in-volved with these events, we look forward to hearing from you. Please contact Leighton Gambill, or Darrin Ruot for more information or if you are interested in a sponsorship. As al-ways, thank you for your continued support. Many Thanks,
Dalton Vann Chapter 36 Vice President
2020 Sponsorship Committee:
Leighton Gambill Darrin Ruot
1505 Northridge Drive 301 Commerce St, #3131
Carrollton, TX 75006 Fort Worth, TX 76102
214-632-4243 (817) 806-1694
Page 11 North Texas News
Page 12 North Texas News
Housman & Associates is coordinating the Spring Seminar this year and Chapter 36 is the beneficiary! All registration and sponsorship payments can be made online and we encourage you to take advantage of that convenience.
Online Registration & Payment Portal:
https://www.housmanandassociates.com/irwa/Default.aspx
If writing a check for sponsorship, please mail to:
Housman & Associates c/o IRWA 1309 Pasa Tiempo Leander, TX 78641
Deadline for sponsorships is March 13, 2020.
Leighton Gambill Darrin Ruot
1505 Northridge Drive 301 Commerce St, #3131
Carrollton, TX 75006 Fort Worth, TX 76102
214-632-4243 (817) 806-1694
Page 13 North Texas News
Will Snider, RWA, R/W‐AC
Educa on Commi ee News
Will Snider, RWA, R/W-AC [email protected]
817.334.8122
Education Committee
John Bennett, R/W-RAC Education Member (2YR) TNP
Dorrien Himes Sendero Appraisals, LP
Education Member (3YR) [email protected]
Greetings Chapter 36 members!
We kicked off the New Year with Course 703. A big thank you to Georgia Snodgrass for instructing the class and our appreciation goes out to Oncor for continuing to be such great class hosts. Your Education Committee is working hard to bring you a variety of classes this Spring. Our own Lora Gunter (C-803) and Mark Janicki (C-901 & 902) will be teaching classes in the next month and Fred Easton (C-213 & 202) will be traveling from Colora-do to instruct classes in March and April. Don’t wait-register now!!
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!
For a complete list of registration forms, fees and all discounts offered by the Chapter, please visit https://irwachapter36.org/Education
IRWA Chapter 36 Education Schedule – 2019/ 2020
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 "" tab.
Page 14 North Texas News
Will Snider, RWA, R/W-AC [email protected]
817.334.8122
Education Committee
Adver sing Commi ee NewsTommy Ma hews, R/W‐AC
Tommy Matthews, R/W-AC Edgestone Realty Valuation
Tommy Matthews Advertising Chair
To all the great companies that have marketed their business on the Chapter 36 website and newsletter in 2019, the Public Relations and Marketing Committee would like to thank you. 2020 is now here and we hope to have everyone renew. For any new or existing companies that would like some addition-al exposure, the Chapter 36 website and newsletter would be a great place to start. Please contact Tommy Matthews for any assistance or questions. 214-556-4035. [email protected]
Page 15 North Texas News
Thanks to the success of the 40 for 40 Program, the RWIEF is pleased to announce a new scholarship: The 20/20 Vision Scholarship Program! This scholarship is targeted to new professionals in the infrastructure real estate industry seeking to advance their careers through IRWA credentialing.
Important Information: Applicants must be an IRWA member in good stand-ing for at least one year and committed to achieving the RWA and/or the RWP credential. Previous 40 for 40 Scholar-ship winners are not eligible. Funding can only be used to-wards eligible course registration fees, and courses must be completed by June 30, 2023. Once courses are complete, re-cipients must fill out a completion application and submit it to the IRWA Credentialing Manager, Francis Vicente, at [email protected] along with the $50 processing fee.
The updated application form can be downloaded and submitted through IRWA’s official website under the “Education” tab. Please remind mem-bers to open the application with Adobe for best results.
Timeline: Applications may be submitted to the IRWA website begin-ning January 15, 2020. The deadline for the application is May 1, 2020. Grantees will be notified by June 1, 2020 and the award will begin on July 1, 2020.
20/20 VISION SCHOLARSHIP PROGRAM
IRWA on the Web