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Page 1 North Texas News
INTERNATIONAL RIGHT-OF-WAY ASSOCIATION
DALLAS-FORT WORTH, TEXAS
April 2019
In This Issue
April Luncheon 1
President’s Message 2
Young Professionals 3
Ask the Attorney 4-5
Membership Committee 6
Education Committee 7
Spring Seminar 8
Note from the Editor 9-10
North Texas News
Since 1960
President
KRISTEN BENNETT, SR/WA, R/W-RAC
972.971.8660
Vice President
LORA GUNTER, SR/WA, J.D.
817.370.3682
Treasurer
DALTON VANN, MAI, RWA, R/W-AC
817.962.2371
Secretary
JENNIFER HALL, SR/WA
817.665.8213
Director/ 1YR MARCUS BOYD, SR/WA, R/W-RAC
972.979.2850
Director/ 2 yr
KIM HIEBERT, SR/WA, R/W-NAC, R/W-
RAC
817.798.8398
Chapter Officers 2018-19
April Meeting Lunch Date and Location:
April 9, 2019 @11:30 a.m.
Cowboys Golf Club 1600 Fairway Drive Grapevine, Texas 76051 (817) 722-2708
$20.00 before the registration deadline; $25.00 at the door
Cut off for registration is April 5th @ 12:00 p.m.
No-shows will be billed.
Featured Speaker: Travis Kelly
‘The Texas High-Speed Train—Accelerating the Texas Economy”
Travis Kelly, Vice President of External Affairs for
Texas Central Railway, is a native Texan and
graduate of Baylor University. Travis manages
Texas Central’s marketing, state and local
government affairs as well as public, stakeholder
and media relations. After working for a Dallas
based not for profit to raise the profile of high-speed
rail among elected officials in Texas, Travis works
to support Texas Central’s efforts to bring high-speed passenger rail
to Texas.
Luncheon Menu
Classic Italian Buffet Caesar Salad Grilled Chicken on Pasta Alfredo and Beef Bolognese Fresh Seasonal Vegetables Garlic Bread Chef’s Selection of Desserts
Page 2 North Texas News
Kristen Bennett, SR/WA, R/W-RAC
President’s Message
Kristen Bennett
Blackbird Right of Way, LLC
P. O. Box 2423
Azle, Texas 76098
972.971.8660
Dear Chapter 36 Members,
Hi! Spring has arrived in all its glory and we are in for an exciting month
around here!
The Nominations and Elections Committee is working to recommend a slate of
Chapter 36 officers for the 2019-2020 year. If you would like to submit a
nomination, the April 5th deadline is fast approaching. You can download
the nomination form on our website.
Also, Director Marcus Boyd is heading up our Donald J. Sherwood Scholarship
Committee this year. This scholarship is open to family members of Chapter 36
members and the deadline is April 22nd. The applicants do not necessarily
have to be majoring in something that pertains to our industry, so don’t worry
if junior is still “undecided” at this point. The scholarship application can also
be found on our website.
This month will take several of us to Austin for the Transportation Symposium
and Region 2 Spring Forum on April 10th – 12th. If you are interested in
attending, you can find more info here: https://
www.housmanandassociates.com/irwa/info.aspx.
Did you know that you can already register for the 20th Annual Steve Baggett
Memorial Golf Tournament and Hot Topics in Real Estate and Eminent Domain
Spring Seminar coming up in May? The golf tournament is on May 2nd in
Trophy Club. The Seminar will take place on May 3rd in Southlake. Go to our
website for more info and to register. If you are interested in participating as a
sponsor or volunteer, please reach out to our Vice President, Lora Gunter.
The IRWA 65th Annual International Education Conference in Portland,
Oregon will take place on June 9th – 12th
(https://eweb.irwaonline.org/eweb/StartPage.aspx?Site=portland19).
I look forward to seeing you all at our April luncheon. Have a fantastic month,
you right-of-way rockstars!!
My best to you,
Kristen Bennett, SR/
WA, R/W-RAC
Chapter 36 President
Kristen Bennett, SR/WA, R/W-
RAC
Page 3 North Texas News
Young Professionals Juan Salazar
Hello YP’s:
Spring is in the air and that means it’s time
to get outdoors. Spring also brings with it
our annual Spring Seminar and golf tourna-
ment. What better way to work on that
swing and accuracy than Top Golf. You
must RSVP to secure your spot as space is
limited.
Where:
Top Golf—Fort Worth
2201 E. 4th Street, Fort Worth, TX
When:
April 24, 2019
Time:
6:30 p.m.
Juan Salazar
TOMMY MATTHEWS, R/W-AC
Education Committee Chair
214.924.4550
WILL SNYDER
Education Committee (2YR)
817.332.5522
JOHN BENNETT, R/W-RAC
Education Committee (3YR)
972.971.8660
SARAH RIEBE, SR/WA, R/W-NAC
Professional Development
Committee Chair
817.304.2051
JACE WHATLEY, MAI
Professional Development
Committee (2YR)
214.340.5880
DENISE LOPEZ, SR/WA, R/W-RAC
Professional Development
Committee (3 YR)
817.459.6537
SHELBY HILDEBRAND
Programs Co-Chair
817.390-9841
ANA SALAZAR
Programs Co-Chair
817.901.2634
LEIGHTON GAMBILL
Membership Chair
214.340.5880
MARGARET LEIN, SR/WA
PR & Marketing Committee
214.486.2206
JIMMY THOMAS
PR & Marketing Committee
214.486.3208
JUAN SALAZAR
Young Professionals Chair
817.371.9428
TJ SMITH
Webmaster
469.337.4413
ANDY COX
Newsletter Editor
214.740.3154
DORRIEN HIMES
Historian
214.202.1471
Page 4 North Texas News
Question: What is a Possession and Use Agreement and what are the
benefits of one?
Answer: In a condemnation case, a possession and use agreement
gives a condemning authority the contractual right to use a
property owner’s real property for a specified amount of time.
The grant will usually include the right to allow the construction,
relocation, replacement, repair, improvement, operation and
maintenance of the roadway, transmission line or pipeline that
is being acquired. These agreements usually have provisions
that allow the condemning authority to maintain possession
under this agreement, until the special commissioners’ hearing
is held and the award is deposited into the court’s registry or
until the entity obtains possession by negotiation, settlement, or
final court judgment.
These agreements benefit condemning authorities by allowing
them to obtain access to a property to begin construction
before taking possession through the required process in
Chapter 21 of the Texas Property Code.
A key provision that condemning authorities attempt to obtain
in every possession and use agreement is having the property
owner or Grantor waive the right to contest jurisdiction of the
court and right to challenge the condemning authorities public
use or right to take the property through the power of eminent
domain. This is a key provision for condemning authorities,
because it can save the condemning authority the potential
expenses in having to prove up their right to take or public use,
if objections to the special commissioners’ award are filed. Not
all possession and use agreements contain this provision.
Possession and use agreements can benefit property owners by
allowing them to have more time to prepare and present their
best case at the special commissioners hearing, on just com-
pensation, without violating the condemning authorities right to
a quick take. These agreements also benefit the property own-
er in allowing the property owner at the time of the agreement
to receive a percentage, often 100%, of the condemning
authority’s estimated compensation for the acquisition of the
Scott Moran, Jordan Miller & Charlie Wilson
Ask the Attorney
IRWA on the Web
Submit Questions About
Right-of-Way Matters to
Scott Moran
Baker Moran Doggett Ma & Dobbs
1400 Preston Road, Suite 350
Plano, Texas 75093
469.351.3495
Page 5 North Texas News
Ask the Attorney
property interest. This is a direct payment to the property owner
not an amount deposited into the registry of the court. Further,
there can sometimes be an incentive or bonus money paid to
the property owner for agreeing to a possession and use agree-
ment. This is primarily when dealing with the Texas Department
of Transportation. 1
These agreements in no way limit the Grantor’s right to obtain
just compensation by any and all means it could have if it had
not entered into the agreement. The sum, that is tendered as
per the agreement, is deducted from any final settlement,
judgment or award of special commissioners. These agreements
set the date of take or the date of value usually to the date
payment is tendered by the condemning authority to the
property owner.
Thus, a possession and use agreement is just a tool that can be
used in a condemnation case that can benefit both sides and
be a starting point for a good relationship and/or negotiations.
_______________________
1 Darby F. Venza, Legal Pitfalls of Right of Way: Delays in Acquisition, p.22,
(2016) https://static.tti.tamu.edu/conferences/tsc16/presentations/row/venza-
skillern.pdf
Page 6 North Texas News
Leighton Gambill, Membership Chair
Membership Committee News
We would like to welcome the following new members to Chapter 36!
Brent Baker, Brazos Electric Power Cooperative
Wille Ingram, TXdot
Galen Raper, Upperline Engergy Partners
Christopher Sacks, CBRE
Donald Buchheit
Jacob Hair, McCarthy Partners
Megan Murray, McCarthy Partners
Natalie Schurr, CBRE
Monica Henning, Oncor
If you see one of these newbies please introduce yourself and make them feel a part of our IRWA family!!
I have 171 name badges waiting to find their forever home!! I have organized all of them alphabetically by last name and made a spread-sheet of what’s there!! Please take a moment to see if you have a nametag in the box! I would love to pass out some of these guys!!
Leighton Gambill
Committee Chair
Pyles Whatley Corporation
214.340.5880
Page 7 North Texas News
Greetings Chapter 36 members!
Happy April! Easter Eggs everywhere, and if you sign up for upcoming classes, there will be more to uncover from our excellent teachers.
Looking ahead, please see our Education Schedule below for upcoming education opportunities that our Chapter has put together. We have plenty of available seats in these courses so please take the opportunity to come and learn from our great lineup of instructors!
Please remember that in order to qualify for the Chapter 36-member discount and the Region 2 YP discount, you MUST register through the course coordinator listed on the registration brochure!
Don’t forget to check the websites of other chapters in the region for upcoming classes that may not be posted to IRWAOnLine.org yet.
For a complete list of registration forms, fees and all discounts offered by the Chapter, please visit https://irwachapter36.org/Education
Tommy Matthews, R/W-AC
Will Snider, RWA, R/W-AC
Member (2 YR)
JLL Valuation & Advisory Services
John Bennett, R/W-RAC
Member (3 YR)
TNP
Education Committee News
Education Committee IRWA Chapter 36 Education Schedule - 2019
Which Courses Do I Need?
Only the PDC can tell you which class you need to complete the education require-ments for designation and certification. If you are planning to get your RWA, RWP or SR/WA the list of courses you need to complete your credentialing are located at www.irwaonline.org. Just visit the "Credentialing" tab.
Tommy Matthews
Education Chair
Tommy Matthews, R/W-AC
Edgestone Realty Valuation
Course Date Location Instructor
431 – Problems in the Valuation
of Partial Acquisitions April 12, 2019 City of Irving
Donnie
Sherwood
102 – Elevating Your Ethical
Awareness May 2, 2019 Trophy Club Randy Williams
503 – Mobile Home Relocation May 21, 2019 TNP – Fort Worth Kristen Bennett
105 – Uniform Act Executive
Summary September, 2019 TBD TBD
506 – Advanced Business Relo-
cation September, 2019 TBD TBD
801 – US Land Titles October, 2019 TBD TBD
215 – Right of Way Acquisitions
for Pipeline Acquisitions October, 2019 TBD TBD
421 – The Valuation of Partial
Acquisitions November, 2019 TBD TBD
304 – When Public Agencies
Collide December, 2019 TBD TBD
Page 8 North Texas News
IRWA CHAPTER 36
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2019
SPRING
SEMINAR
&
Golf Tournament - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
MAY 2 & 3
Trophy Club Country Club
The Marq- Southlake
dd
Tuesday, May 2
Golf Tournament
Trophy Club Country Club
Wednesday, May 3
Spring Seminar
The Marq, City of Southlake
Registration Online at the IRWA Chapter 36 website
irwachapter36.org
Join us for the annual
IRWA Chapter 36
Spring Seminar
Hot Topics in Real Estate
and Eminent Domain
&
Steve Baggett Memorial Golf Tournament
Page 9 North Texas News
“Proposed Eminent Domain Legislation Affecting
Condemnations by Common Carriers”
The Texas Legislature continues in session, and as promised, I bring
you a summary of another piece of proposed legislation, this one affecting
common carriers.
The Texas Natural Resources Code currently defines a common carrier
as any of a group of seven different classes of pipeline owners and operators.
The definition is intricate and to be precise about whether an entity meets the
definition of common carrier, one should consult the definition, itself, found
at Section 111.002 of the Texas Natural Resources Code. In general, however,
a common carrier is a pipeline owner or operator who transports crude
petroleum, coal, carbon dioxide, or feedstock for carbon gasification, the
products of carbon gasification, or the derivative of carbon gasification, to or
for the public for hire.
House Bill No. 3327 filed by Representative Zwiener would impose
certain pre-condemnation requirements on a common carrier who intends to
exercise eminent domain authority to acquire real property for the construction
and operation of an oil and gas pipeline. The legislation would amend Chapter
21 of the Texas Property Code (the chapter governing eminent domain
procedure) to require a common carrier to send a written notice of intent to
exercise eminent domain authority to the following authorities before the
common carrier makes any contact with a landowner regarding the property:
(1) the county judge of the county in which the proposed pipeline
route is located and of each county the territorial boundaries
of which are located within five miles of the location of the
proposed pipeline route; and, if applicable,
(2) the board of directors of any groundwater conservation district
governed by Chapter 36, Water Code, in which the proposed
pipeline route is located and each groundwater conservation
district governed by Chapter 36, Water Code, the territorial
boundaries of which are located within five miles of the location
of the proposed pipeline route.
Andy Cox, Partner, Burford & Ryburn, LLP
Note from the Editor
Newsletter editor, Andy Cox is a lawyer
and partner at Burford & Ryburn, LLP in
Dallas. He practices in the areas of gen-
eral civil litigation, including matters in-
volving easements, property rights, and
eminent domain. He can be reached by
phone at 214-740-3100 or by email at
Andy Cox
Burford & Ryburn, LLP
3100 N. Akard Street, Suite 3100
Dallas, Texas 75201
214.740.3154
Don’t put off advanc-
ing your career. Visit
the classes section of
Online Learning Cen-
ter at
www.irwaonline.org
Page 10 North Texas News
Note from the Editor
This above notice must:
(1) state the common carrier’s intent to acquire real property for public use;
(2) specify that the public use is the construction and operation of an oil and gas pipeline;
(3) identify the real property the common carrier intends to acquire and the owners of the property; and
(4) identify and provide contact information for all recipients of the notice.
The common carrier is prohibited from contacting any property owner identified in the notice of intent until
after the seventh day after the date the notice of intent is sent.
Proposed new Section 21.034 of the Property Code would require a public meeting to be held on the notice
of intent. It provides that the recipients of the notice of intent shall confer and, not later than the 60th day after the
date the last recipient receives notice, the county judge or judges and board or boards of directors, as applicable,
may jointly select a date on which a public meeting will be held to consider the proposed pipeline route. The public
meeting is to take place in a public location appropriate to the size and nature of the meeting in a county or county
and groundwater conservation district, as applicable, through which the proposed route will pass.
The county judge or member of a board of directors of a groundwater conservation district jointly designated
by the notice recipients shall give notice of the public meeting to the common carrier. The notice of public meeting
would also be required to be published not later than 30 days before the date of the public meeting by each county
judge of a county that received notice on that county’s website and, as applicable, on the website of each ground-
water conservation district that received the notice, and in a newspaper of general circulation in each county
affected.
The legislation would require a representative of a common carrier that gives a notice of intent to attend and
participate in the public meeting. If the common carrier does not attend and participate in the public meeting, it will
not be allowed to make a bona fide offer described by Section 21.0113, Texas Property Code.
This proposed legislation is similar to other legislation regarding a notice of intent and public meeting require-
ment that has been proposed for other private entities with eminent domain authority.
I will continue to submit articles on other matters affecting condemnation rights and land rights as the Texas
Legislature continues to wind its way through this session.
