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January- February 2016
www.irwa-chapter1.org
NewsletterChapter 1 Los Angeles
803-Eminent Domain Law Basics forRight-of-Way Professionals
2/12-13/15Steven’s - Commerce Joe Pestinger, SR/WA Ann Kulikoff
(714) 624-3876
205-Bargaining Negotiations 2/26-27/15Steven’s - Commerce Ralph Brown, SR/WA Vaughn Hosmann
(562) 804-2861
303-Managing the Consultant Process 3/18-19/15Steven’s - Commerce Mike Heineke, SR/WA Bill Larsen, SR/WA
(818) 290-5428
304-When Public Agencies Collide 3/20/15Steven’s - Commerce Mike Heineke, SR/WA Konstantin Akhrem, SR/WA
(310) 617-0251
406B-7 hour National USPAP Course -Uniform Standards of Professional
Appraisal Practice
3/30/15Steven’s - Commerce David Layne, SR/WA Charles Thomas, SR/WA
(626) 302-4186
Norman Eke IRWA Chapter 1President626-930-1260
Hello Chapter 1 Members,
We were saddened to hear of the recent passing of Jim Wiley. Jim was a Chapter 1 Past President and for many years leant his time, effort, and support for the good of Chapter 1 and the IRWA in general. Those of us who worked with him on such projects as the Alameda Corridor and the early years of the MTA subway knew him as a friend first but also as a fair and loyal supervisor who could be tough when it came to dealing with complex right of way issues. He will be sorely missed by all of Chapter 1.
We have two open volunteer positions for Webmaster and Fall Seminar Leader. If you would like to get involved with handling the Chapter’s Website or take the lead on the upcoming Fall Seminar please reach out to me at [email protected] or call me at 626-930-1260 and I can fil l you in.
Make sure you are tuned into Headquarters new credentialing guidelines for Generalist and industry specific certifications; we recently sent an email with details to al l members.
Our class schedule for all of 2016 is available so you may plan ahead for the classes you need this year. Don’t forget to use your voucher for one free day.
As we are now fully immersed in 2016 please make note of the following upcoming events:
• Spring Forum in Berkeley March 18-19.• Luncheon March 22 at Stevens Steakhouse• Spring Valuation Seminar April 26th• Annual Education Conference June 12-15 in Nashville.
Newsletter Contents
Cover Page
1 Page 2
Pages 3-4
Pages 5-9
Pages 10-11
Pages 12-13
Pages 14-15
Pages 16-20
President’s Message
Newsletter Table of Contents
Valuation Seminar Schedule and Registration
2016 Spring Education Seminar, Agenda,
Presentations, Courses, Application
News from the PDC
Right of Way Case of the Month
New Chapter 1 Members
Support Our Sponsors
ANNUAL VALUATION SEMINAR
Tuesday, April 26, 2016
Quiet Cannon901 North Via San Clemente, Montebello (TG 636-A7)
SEMINAR SCHEDULE
7:45 AM Registration/Continental Breakfast
8:10 AM Welcome & Introductions
William Larsen, SR/WASeminar Co-ChairBradford D. Thompson, MAI, AI-GRS, SR/WASeminar Co-Chair
8:20 AM Temporary Damages – Compensable or Not?
Holly Rockwell, SR/WA, R/W-NACEpic Land SolutionsD. Michael Mason, MAI, SRAEpic Land SolutionsDavid Cosgrove, Esq.Rutan & TuckerMark Easter, Esq.Best Best & Krieger
9:35 AM Expanding the Subway in the CBD: Valuation Issues
Carol ChiodoMetroJohn G. Ellis, MAI, CRE, FRICSIntegra Realty Resources - Los AngelesAdam Dembowitz, MAI, MRICSCushman & Wakefield
10:45 AM Break
11:05 AM Appraisal Lessons Learned on the California HighSpeed Rail Project
Gary Valentine, MAI, SR/WA, CCIMValentine Appraisal & AssociatesSteve Parent, MAI, AI-GRS, SR/WA, PMPBender Rosenthal, Inc.Melvin Fineberg, ASA.Fineberg ConsultingMadeleine Mamaux, CFA, ASADesmond, Marcello & Amster
12:20 PM Luncheon Keynote Address:
Do Trial Lawyers’ Dreams of Electric VerdictsShape Agency Actions?
Jed Springer, Esq.Demetriou, Del Guercio, Springer & Francis
1:50 PM What Can Drones Do For Me?
Frances Wolfe Mason, MAIMason & MasonArland WhitfieldSkyworksProSteven R. Fontes, MAI, CCIMMission Property Advisors
3:00 PM Project Benefits and Construction RelatedImpacts – Tangible or Speculative?
Brad Kuhn, Esq.Nossaman LLPBradford D. Thompson, MAI, AI-GRS, SR/WAMason & Mason
3:50 PM Break
4:10 PM Acquisition Friendly Appraisal Reports” – NotWhat it Sounds Like
Kevin Donahue, MAIOverland, Pacific & CutlerMadelia RiveraOverland, Pacific & Cutler
5:00 PM Close
Seminar AV will be managed by Tom Hanley, P.E., SR/WA
Pending - International Right of Way Association for SR/WA Re-certification Credits (SR/WA) 8.0 Hours, 100% seminar attendance is required.
Applications will be submitted for approval of 8.0 hours of MCLE credit and 8.0 hours of BREA (formerly OREA) credit. 100% seminar attendance will berequired for each.
ANNUAL VALUATION SEMINAR
REGISTRATION FORM
Name Chapter No.:
Firm Member No.:
E-mail Phone:
Address
Continuing Education (CE) Credit Needed? ___Yes ___No
Type of CE Certificate Needed: BREA MCLE SR/WA Recertification
California State Bar No.: (If applicable)
California Appraisal License No.: (If applicable)
Seminar registration fee includes luncheon.
Please choose MENU OPTION: Beef; Chicken; Vegetarian
Advance registration payments to be received on or before 3/15/16
Public agency managers/staff:
IRWA members (all chapters): $100 payment received by 3/15/16, $120 after
Public agency non-members: $110 payment received by 3/15/16, $130 after
All others:
IRWA members (all chapters): $120 payment received by 3/15/16, $140 after
Non-members: $130 payment received by 3/15/16, $150 after
Lunch Only: $30
Make check payable to IRWA Chapter 1 and send to:
Katelyn Frankhauser
Integra Realty Resources - Los Angeles16030 Ventura Boulevard, Suite 620Encino, CA 91436-2785 Phone: (818) [email protected]
If you have any questions regarding seminar registration,please contact Katelyn Frankhauser at [email protected]
If you have any questions regarding speaker panels or seminar content,please contact Seminar Co-chairs
William Larsen, SR/WA or Bradford D. Thompson, MAI, AI-GRS, SR/[email protected] [email protected]
Space is LimitedPlease Register Early
RefundPolicy
Any refundrequests
must be inwriting.
2016 Spring Education Seminar
Friday, May 6, 2016 Sheraton on the Falls Hotel
Niagara Falls, Ontario
This year the International Transportation Committee is proud to present the first annual International Transportation Committee Symposium “Expedited Alternative Delivery”
Seminar and Luncheon Fees Member $160 – non-members $185 (includes all taxes)
Spring Seminar features - Joint Forum with Regions 8 & 10- Annual General Meeting for Chapter 29- Door Prizes: Raffle tickets given to each person who registerswith Additional Raffle tickets available for purchase- Evening Reception on Thursday, May 5th at the Hard Rock Club- Chapter 29 will be putting on courses 100C, 303C and 803Cduring the week prior to the conference
Sheraton on the Falls Hotel Hotel Cost: $125.00 Cityview/
$145.00 Fallsview (CDN)** 5875 Falls Avenue, Niagara Falls, Ontario
Registration Link
For more information please contact Linda Kemp SR/WA
Chapter 29 will be holding the following courses before the Symposium: Course 100C - Principles of Land Acquisition - May 2nd - May 5th, 2016 Course 303 - Managing the Consultant Process - May 4th - May 5th, 2016 Course 803C - Expropriation Law Basics for the Right of Way Professional - May 4th - May 5th, 2016
**The above HOTEL rates are quoted in Canadian funds, and are subject to Promotion Fee (PF) of 5.9%, and both are subject to 13% Harmonized Sales Tax (HST).The Resort Services Package of $12.95 (exclusive of tax) per room per day currently includes: WiFi access with endless devices, Unlimited long distance calls from your room to anywhere in USA or Canada, unlimited local calls, An E-Family portrait at Hershey's Chocolate World, A sampling for 2 at Niagara Brewing Company, 2 bottles of complimentary water per day, In-room Starbucks coffee and Tazo teas, Unlimited access to Sheraton Fitness by EXOS, Printing of Boarding passes, and 2 WEGO tickets (This state-of-the-art bus system connects accommodations and tourism attractions through the city of Niagara Falls and Niagara Parks- 24 hour retail value $14).
Seminar Agenda
Monday, May 2nd to Thursday, May 5th
Course 100C – Principles of land Acquisition Upper Fallsview Studio A
Wednesday, May 4th to Thursday, May 5th
Course 303 – Managing the Consultant Process Upper Fallsview Studio B
Wednesday, May 4th to Thursday, May 5th
Course 803C – Expropriation Law Basics for the Right of Way Professional Strategy Room 7
Thursday, May 5th
Hospitality Reception Hard Rock Club 5:30pm – 7:30pm
Friday, May 6th, 2016 Education Session Great Room A 7:45 AM 8:30 AM 8:45 AM 9:00 AM 9:30 AM 10:00 AM 10:20 AM 10:50 AM 11:20 AM 11:50 AM 1:00 PM
1:30 PM
2:00 PM 2:30 PM 2:50 PM 3:50 PM
Registration and Breakfast Opening Remark Mayor’s Welcome Unmanned Aerial Systems Project– Ministry of Natural Resource (Mike O’Brien, Andrew Burnett) AIC Members and Their Impact on Transportation Projects in Canada (Dan Brewer, AACI P.App) Networking Break (20 Minutes) Accelerating Project Delivery using Corridor Preservation (James A. Olschewski, PLS) Accelerating Acquisitions using Incentive Payments (James A. Olschewski, PLS) Effective Tools, Techniques, and Strategies for Managing Large Transportation Projects (Joey Mendoza) Lunch Buffet IRWA Chapter 29 – General Business
Installation of 2016/2017 Executive Board Special Recognition Awards Lifetime Achievement Awards
Allowing Time to Acquire: Efficiencies in Delaying the Formal Expropriation Process (Paul Scargall and Patricia Simpson) 15 Years of successful ROW Alternative Delivery (Don Toner, Jr., SR/WA) Networking Break (20 Minutes) Round Table (All previous list presenters and Carol Bellinger SR/WA, R/W-RAC, URAC Candidate) Closing Remarks & Door Prizes (must be present to receive door prize)
Saturday, May 7th Region 8 & 10 Spring Forum Strategy Room 2 8:00am – 4:00 pm
Presentation Details
Unmanned Aerial Systems Project – Ministry of Natural Resource Presenters - Mike O’Brien, General Manager, Aviation Services and Andrew Burnett, Professional Helicopter Pilot, Member of the Pilot UAV Project Team This presentation consists of the explanation of unmanned Aerial Systems (UAS), Transport Canada Regulations, the purpose of Ministry of Natural Resources & Forestry Projects, and potential applications for UASs.
AIC Members and their impact on Transportation Infrastructure Projects in Canada Presenters - Dan Brewer, AACI, P.App, President Elect – Appraisal Institute of Canada, Senior Appraiser, Appraisers Canada Inc. The AIC members represent 80% of the valuation and real estate consulting experts in Canada. The skill sets we bring and the diversity of our member’s rural, urban, specialty and other niche markets. The major transportation projects that our members are involved with across Canada.
Accelerating Project Delivery using Corridor Preservation Presenter - James A. Olschewski, PLS, Deputy Director Right of Way, Utah Department of Transportation Corridor Preservation (different than Advanced Acquisition) has been used by UDOT to preserve corridors for future transportation projects and save the department in both Project Schedule and Costs.
Accelerating Acquisitions using Incentive Payments Presenter - James A. Olschewski, PLS, Deputy Director Right of Way, Utah Department of Transportation Utilizing Incentives as outlined by FHWA to help save projects Time and Costs. Incentives at the time of Acquisition and Incentives for Relocation.
Accelerating Project Delivery using Corridor Preservation Presenter - Joey Mendoza, Managing Director, Transportation, Overland, Pacific & Cutler, Inc. The presentation will discuss the evolution of the right of way industry and keys to success in an open format. The use of effective tools to manage project risk, and the implementation of project controls to maintain delivery schedules and project costs. Mr. Mendoza will also examine techniques for assessing right of way impacts, minimizing displacements and damages, as well as streamlining project delivery through various strategies including parcel mitigation measures and early acquisition initiatives.
Allowing Time to Acquire: Efficiencies in Delaying the Formal Expropriation Process Presenter – Paul B. Scargall, Scargall Owen-King LLP & Patricia Simpson, City of Toronto Legal Services, Director – Transit Expansion Unit The presentation considers the benefits of giving time to acquire lands for infrastructure projects through amicable negotiations in order to avoid the formal expropriation process. In particular, the role that contractual expropriations can play in controlling costs, the timing of acquisition and possession as well as in providing final settlements. The presentation will touch upon the differences in the Canada and American infrastructure models by highlighting the Canadian model and provide a review of approaches successfully used in land acquisition programs in Ontario.
15 Years of Successful ROW Alternative Delivery Presenters - Don Toner, Jr., SR/WA TxDOT has completed 20 of these types of projects successfully, which includes the acquisition of approximately 2,800 parcels, approximately 1,500 relocations with ROW expenditures up to $2 Billion dollars. This presentation will be to share many of the innovative process and procedures that have been put in place to make these projects successful. It will also be to share some of the lessons learned while working on these projects. It is the hope that this presentation will assist other agencies that are in the process of building this type of program, are actively working on projects of this type now or are looking at starting this type of project within their agency.
Round Table Presenters- All previous list presenters and Carol Bellinger SR/WA, R/W-RAC, URAC Candidate The roundtable will be an interactive discussion with the presenters and participates of the symposium to discuss topics related to the expedited alternative delivery method.
Courses presented the week of the Spring Education Symposium
100C – Principles of Land Acquisition A thorough introduction to the right of way profession, including an overview of the basic concepts of each right of way discipline. 15 seats available 4 days – 8 AM to 5 PM Daily Monday, May 2 to Thursday, May 5 Room: Chef’s Room Instructor: Gord MacNair Coordinator: Ana Feliciano
This course outlines real estate law terms and concepts. Participants will gain awareness of environmental issues, learn the methods of acquiring and transferring title to realty, three views of engineering plans and the fundamentals in property description systems. Topics also include the requirements of a valid contract, information on easements, deeds, leases, the appraisal process, successful negotiations, and relocation requirements involved with property acquisition and management.
303 – Managing the Consultant Process A step-by-step understanding of the process of approaching, hiring and monitoring consultants. 30 seats available 2 days – 8 AM to 5 PM Daily Wednesday, May 4 & Thursday, May 5 Room: Upper Fallsview Studio A Instructor: Sandy Grigg Coordinator: Jenny Matharu
This course is designed to provide participants with a step-by-step understanding of the process of selecting and monitoring consultants. Participants will become aware of the issues and concerns of both agencies and consultants through the discussion of practical applications. Current trends are for Departments of Transportation, local public agencies and other governmental entities to do more contracting of right of way and land acquisition services. Issues relating to both the contracting and the monitoring of services from the perspectives of the agency and consultant are discussed.
803C – Expropriation Law Basics for the Right of Way Professional Basic principles of expropriation law relating to procedures and compensation as established by provincial and federal expropriation legislation. 30 seats available 2 days – 8 AM to 5 PM Daily Wednesday, May 4 & Thursday, May 5 Room: Upper Fallsview Studio B Instructor: Eric Finn Coordinator: Kristine Thususka
This course enables participants to gain knowledge of the purpose of expropriation powers as an integral part of a project and understand the role of the right of way professional from the development of the project to the resolution of all compensatory claims resulting from expropriation.
2016 SPRING SEMINAR REGISTRATION FORM COURSE DETAILS
Name: ___________________________________________________________________
Title: _____________________________________________________________________
Company: _______________________________________________________________
Address: ________________________________________________________________
City: __________________________ Postal Code: ___________________________
Phone No.: ______________________________________________________________
E-mail: __________________________________________________________________
□ IRWA Member □ Non-MemberMembership #: ___________________________________________
Seminar & Luncheon Fee Members: $160.00 (includes HST)
Non-members: $180.00 (includes HST) (Advance Payment Required)
Please select your method of payment:
□ □ Name on Card:_____________________________________________________________
Number: ________________________ Expiration Date: _________________________
Signature: _______________________ Amount: _________________________________
□ I have enclosed a cheque for $_________made payable to IRWA Chapter 29
I will be attending the Thursday evening Hospitality Reception □ Yes □ No(Please indicate if you will be attending. Number required for hotel.) Registrations accepted by e-mail, facsimile or mail directed to: Linda Kemp, SR/WA Email: [email protected] 1831 Dalmagarry Rd. London, ON N6G 0A6 Fax #: 519-657-7118
Please Register by April 11th, 2016
ACCOMMODATIONS: Sheraton on the Falls Hotel 5875 Falls Avenue, Niagara Falls, ON
Reservations: Phone:1-800-325-3535 or 905-374-4445 ONLINE
A block of rooms are being held until Friday, April 1st, 2016 at a rate of $125.00 per night for Cityview room and $145.00 per night for Fallsview room (based on double occupancy), excluding taxes. Parking included with registration. Mention group code IRWA when booking to get the preferred rates.
Monday to Thursday May 2n d to May 5th , 2016
8:00 am to 5:00 pm
COURSE 100C – PRINCIPLES OF LAND ACQUISITION (Canadian Version)
Instructed By: Gordon MacNair, SR/WA
A thorough introduction to the right of way profession, including an overview of the basic
concepts of each right of way discipline.
Coordinator: Ana Feliciano ______________________________
Wednesday & Thursday May 4th to May 5th, 2016
8:00 am to 5:00 pm
COURSE 303 – MANAGING THE CONSULTANT PROCESS
Instructed By: Sandy Grigg, SR/WA
A step-by-step understanding of the process of approaching, hiring and monitoring
consultants.
Coordinator: Jenny Matharu
_______________________________
Wednesday & Thursday May 4th to May 5th, 2016
8:00 am to 5:00 pm
COURSE 803C – EXPROPRIATION LAW BASICS FOR THE RIGHT OF WAY PROFESSIONAL
(Canadian Version)
Instructed By: Eric R. Finn, Esq.
Basic principles of expropriation law relating to procedures & compensation as established
by provincial/federal expropriation legislation.
Coordinator: Kristine Tususka
IMPORTANT NEWS FROM THE PROFESSIONAL DEVELOPMENT COMMITTEE
NEW IRWA CREDENTIALING PROGRAM REQUIREMENTS
You may access the new Credentialing Program and more information
on the IRWA website though the following link:
http://www.irwaonline.org/eweb/dynamicpage.aspx?site=IRWA2010&webcode=irwa_cert_new
We would like to acknowledge & congratulate the following Chapter 1 member accomplishments:
Cordelia Cisneros
Crimson Pipeline L.P. Awarded RWA Certification
&
Maria Kidd, R/W-NAC Verizon
Recertification R/W-NAC
"Don't wait until everything is just right. It will never be perfect. There will always be challenges, obstacles, and
less than perfect conditions. So what? Get started now. With each step you take, you will grow stronger and
stronger, more and more skilled, more and more self-confident, and more and more successful."
Mark Victor Hansen
IRWA CHAPTER 1
FREE ONE DAY COURSE VOUCHER
THIS VOUCHER IS REDEEMABLE FOR A ONE DAY CHAPTER 1 SPONSORED IRWA COURSE OR EQUIVALENT CREDIT APPLIED TO ONE DAY OF A MULTIPLE DAY COURSE*
*Terms of Voucher Usage:
Valid for IRWA Chapter 1 Members for attendance at Chapter 1 Sponsored Courses Only
Voucher Use is Limited to the First 10 Enrollees Per Each Chapter 1 Course
This Voucher NOT Valid for Online Courses, is NOT Transferrable and has NO Cash Value
Course Registration Must be Arranged in Advance Through Course Coordinator
MEMBER NAME______________________________________________________
COURSE COORDINATOR SIGNATURE___________________________________
Must be presented to course coordinator at registration - Expires JUNE 30, 2016
The Chapter 1 Professional Development Committee can help you develop a plan to reach your professional goals leading to the prestigious SR/WA designation or a specialist certification.
Do you have questions about IRWA certifications or which courses you should take to reach your goals? We are available to provide guidance and assistance with your career path planning. We want to help you reach your professional goals! Feel free to contact one of the Professional Development Committee Chairs listed below for more information about the IRWA Professional Career Path programs or for questions about the scholarship program, requirements needed to attain your specific goals for professional development or are interested in having a mentor to guide you through your professional educational path. We’re here to assist you!
Marilyn Stuart, PDC Chair - [email protected] – (702) 250-2865
Gus Parcero, PDC C0-Chair - [email protected] - (213) 485-5775
Michael Popwell, PDC C0-Chair - [email protected] - (323) 874-2384
Joyce Riggs, PDC C0-Chair - [email protected] – (805)578-2400
Andrew Thompson, PDC C0-Chair - [email protected] - (213) 244-5032
Gary Valentine, PDC C0-Chair - [email protected] - (661) 288-0198
Don't Forget! All Chapter 1 Members are eligible to take a FREE 1-day Chapter 1 sponsored classroom course during the 2015/2016 fiscal year!
The 2015/2016 Free Course Voucher will be valid through June 30, 2016 so plan ahead to take advantage of this great benefit. The voucher program has been restructured to concur with the new fiscal year and a new voucher period began on July 1, 2015!
This is a wonderful opportunity for all Chapter 1 members to help you fulfill your IRWA educational requirements for certifications, SR/WA designation, or to receive continuing education credit. Please check the chapter course listing in this newsletter to make plans to enroll in courses you need and take advantage of the free 1-day course credit.
How do you use the Free Course voucher? All you need to do is contact the course coordinator of any Chapter 1 sponsored class to register. You will send them your registration form and provide the voucher to them. There is copy of the voucher provided below
for your convenience. As long as you are a member in good standing, current on your IRWA membership dues, and have not yet used the 2015/2016 voucher, authorization will be provided to the course coordinator for you to receive the appropriate credit.
Your voucher can be redeemed for a free 1-day Chapter 1 sponsored IRWA class or equivalent credit if applied to the tuition of a
multiple day class.
99904-0232\1929181v1.doc
Page 1 of 2
Case of the Month
March 2016
“No Means No”
Off-site Billboard Ordinance Upheld
City of Corona, Plaintiff and Respondent,
v.
AMG Outdoor Advertising, Inc. et al., Defendant and Appellant
(January 7, 2016, Fourth District-Division Two,
http://www.courts.ca.gov/opinions/documents/E062869.pdf)
The outdoor advertising sign business is highly competitive can be very profitable. This
appellate court case identified the typical interactions between a municipality attempting to
regulate off-site outdoor advertising signage and an advertising company seeking new signage
approval.
I. BACK-STORY
In November 2014, Defendants (the outdoor advertising sign company and several the
businesses that purchased advertising space on the sign in question herein) went to the City of
Corona (“City”) planning department and asked for an application for a permit to erect an off-site
billboard. The City refused to provide Defendants with a permit application, explaining that new
billboards were not allowed in the City and that all billboards then being built were approved
through a City ordinance that required a relocation agreement with the City. Defendants did not
have a relocation agreement with the City, nor a City permit to erect the billboard or a permit from
the California Department of Transportation--as required under Bus. & Prof. Code, § 5350.
Over the weekend of December 6 and 7, 2014, Defendant decided to erect a billboard
anyways and began renting advertising space.
Defendants failed to comply with the City’s cease-and-desist demands, and the City then
filed an action in Superior Court for temporary, preliminary, and permanent injunctive relief, and
other remedies, based on Defendants’ unauthorized erection and use of the billboard. The City
obtained a preliminary injunction from the trial court and the Defendants appealed. The
99904-0232\1929181v1.doc
Page 2 of 2
Defendants’ appeal sought relief claiming that the City was enforcing a City billboard ordinance
against Defendants off-site billboard: (a) in an impermissibly discriminatory manner, and (b) in
violation of their free speech rights under the California Constitution. (Cal. Const., art. 1, § 2, subd.
(a).).
II. ANALYSIS
Defendants’ claim was that the City applied their 2004 ordinance against them in an
unlawfully discriminatory manner. Defendants claimed that the City had previously entered into
relocation agreements with another billboard company allowing them to erect new billboards in
the City after the 2004 ordinance went into effect. Defendants’ discrimination claim failed because
the City adequately demonstrated that all of their competitor off-site billboards were in existence.
Entitlement to erect a billboard in the City under the ordinance was secured either in their current
location before the 2004 ordinance went into effect or if a billboard was in existence pre-September
1, 2004--grandfathered billboard location.
Defendants claimed that the 2004 ordinance and the City’s preliminary injunction
amounted to an unconstitutional prior restraint on their free speech rights. Injunctions are
permissibly “content-neutral” if the challenged provisions “burden no more speech than necessary
to serve a significant government interest.” The appellate court found that the injunction was
“content-neutral” and didn’t impermissibly bar all avenues of free expression. (Madsen v.
Women’s Health Center, Inc. (1994) 512 U.S. 753, 763, fn. 2.)
The City’s 2004 ordinance permissibly allowed for the approval of relocation of
grandfathered off-site billboards. It was within the exercise of the City’s legislative authority to
adopt municipal ordinances concerning land use for increased traffic safety and aesthetics
(Maldonado v. Morales, supra, 556 F.3d at pp. 1046-1048.).
This appellate court found no constitutional violations and thus upheld the City’s
preliminary injunction directing the immediate removal of the Defendants’ off-site outdoor
advertising signs. For right of way practitioners, this appellate court decision provides a quick
read on the analytical processes that the courts follow when analyzing the California Constitution
as it applies to the regulation of billboards.
Michael Patrick Kane Michael (Mike) has worked for Cox Communications for 21 years and in the Right-of-Way field for the last 14 years. During his time at Cox Communications, Mike has worked in a variety of positions. In 1995 Mike first applied at Cox Communication as a cable installer, he was quickly promoted from the Field Service Representative to Construction Planner and then later to a Right-of-Way Agent.
Today Mike is a valuable resource at Cox Communications where he has built relationships and trust with Orange County cities, Caltrans and OCTA. In his current position Mike handles a high volume of encroachment permits, easements and utility pole applications.
Prior to working for Cox Communications Mike was a Land Surveyor working for Hunsaker & Associates and Psomas. Mike followed in his father’s footsteps, who was also a Land Surveyor, Mike’s father assisted with the I.U.O.E Local 12 Land Surveyor Apprentice Program and encouraged Mike apply to the program. Mike completed the program in 1992 and was certified as a Survey Party Chief.
In 1995 the construction industry was very slow and survey work was difficult to find. So Mike took a temporary job as a cable installer with Cox Communications, 21 years later Mike is still working at that temporary job! Not long after starting at Cox Communications Mike was promoted to the construction department where his surveying experience was put to work. Mike was a part of the transformation that took Cox Communications from a cable TV company to the premier provider of telephone, high speed data and video services in Orange County CA.
Mike enjoys spending his free time with his wife Kathryn (Kitty), his daughter Loren (Lolo) and son Ian. Most weekends you will find Mike at the beach surfing with his family or at the gym training mixed martial arts. Mike recently earned his blue belt in the art of Brazilian Jiu-Jitsu and competes in local tournaments.
Welcome Our New Chapter 1 Member
July Ly
July Ly is a Project Support Specialist at Overland, Pacific & Cutler (OPC), Inc. Ms. Ly has been with OPC for a little over one (1) year. Her tasks are to provide support related functions for property acquisition and relocation assistance to residential and non-residential occupants.
July was born in Monterey Park, California and has spent most of her time in the Los Angeles area. She attended Mark Keppel High School in the San Gabriel Valley area of Los Angeles and was a member of the Speech and Debate team, Choreography team, and a YMCA sponsored community service organization. Ms. Ly graduated from California State Polytechnic University – Pomona (CPP) with a Bachelor’s Degree in Business Administration, emphasizing in Finance, Real Estate and Business Law. During her time at CPP, she was a member of Alpha Delta Kappa Sorority and the Finance Society.
Her previous work experience includes working for Central Escrow, Inc., where she gained her background in real estate. She assisted in closing approximately 15 to 20 loan refinances, residential purchases, and commercial purchases per month.
Some of July’s hobbies include outdoor hiking, snowboarding, and actively frequenting the gym. Ms. Ly obtained her Salesperson license in October 2015 and is currently pursuing her Notary license.
Welcome Our New Chapter 1 Member
Epic Land Solutions, Inc., Right of Way/Real Property Services
Caltrans (California Unified Certification Program) - UDBE Supplier Oearinghouse - WBE Los Angeles County MTA - SBE Port of Long Beach - SBE Project Management
Right of Way Cost Studies Appraisal/Appraisal Review
Negotiation/A<:quisition Relocation Plan
Relocation Assistance Utility Coordination
Excess Land Disposal
Property Management GIS & Database Development
Real Estate Brokers
Real Estate Salespersons Senior Right of Way Members (SR/WA)
General Contractor Certified Property Manager (CPM•)
Commissioned Notaries Certified Public Accountant
Bilingual Agents
Attorneys You Can Count On
John C. Murphy Douglas J. Evertz
Jennifer W. Dienhart Jennifer Riel McClure
Brad B. Grabske Emily L. Madueno
Katherine K. Meleski Lisa J. LambertAli V. Tehrani
Sheereen Javadizadeh
650 Town Center Drive, Ste. 550 Costa Mesa, CA 92626
(714) 277-1700www.murphyevertz.com
Results Oriented and Focused on Success . . .
Results Count
LOS ANGELES | SAN FRANCISCO | ORANGE COUNTY | SACRAMENTO | WASHINGTON, DC | AUSTIN | ARLINGTON
Nossaman prides itself on its in-depth expertise and reputation for meticulous precondemnation efforts critical to successful public works projects. Our knowledge of right-of-way, eminent domain, valuation, environmental law, endangered species, land use, and infrastructure ensure that we are at the forefront of advancing transportation projects nationwide.
Your Partner in Precondemnation Planning and Right-of-Way Acquisition
CaliforniaEminent DomainReport.com
Specializing in land acquisitions and project management for energy companies, oil and gas exploration and production, land developments, energy plants, and facility operations.
877.600.WOLF (9653) 1412 17th Street Suite 560Bakersfield, California 93301www.whitewolfland.com
“Working late for your energy needs!”
Rick Peace, PresidentAAPL Director 2009-2015 | API | BAPL Officer 1990-2014 | CIPA President’s Circle
DAPL | HAPL | LAAPL | SPE | SJGS | IWRA | WSPA
C A L I F O R N I A | O R E G O N | W A S H I N G T O N
![[Albani] Irwa' Al-Ghalil](https://img.pdfslide.net/doc/110x75/5571f25349795947648c7579/albani-irwa-al-ghalil.jpg)
