As a right-of-way agent, I have had NUMEROUS property owners tell me that they consulted their (insert here the title of your choice: attorney, Realtor, broker, appraiser, friend, mother, priest, dog, spiritual guide, imaginary friend, or whatever) who told them that what the agency proposes to do will RUIN the value of their property.
The problem is the most people don't have a clue how to value property. Even fewer understand the nuances of right-of-way. Add to that the skills that someone needs in order to be considered competent to help others, and it becomes obvious that well meaning individuals really do more harm than good.
In an effort to help property owners, I will tell you some of the MINIMUM requirements that someone must have in order to help you understand a particular right-of-way project.
1) Can they read and understand engineering? I have tests that I give my students in order to verify that they have a firm understanding of how to read engineering. Engineering and construction design plans are difficult to read unless you have been taught how to understand them. Things are not always drawn to scale. Often the horizontal scale and vertical scales are different. The person who advises you needs to be able to thoroughly understand the subtleties and nuances of what is being proposed.
2) Do they have a firm understanding of how property is valued? In Texas, the only people who are allowed to value property are appraisers, brokers who follow the Uniform Standards of Appraisal Practice, and property owners evaluating their own property. Ask the person helping you what experience they have valuing property.
3) Do they understand Eminent Domain and Real Estate Law? What might seem obvious to you may not be legal. Often property owners ask me to justify things using their logic. What I tell property owners is to tell me what they want, and let me figure out how to ask for it. The reason is because some things are non-compensable under the law. Asking for something that the law prohibits makes the requestor seem naive. You need your advisors to be competent professionals.
4) What is their education background? Right-of-way acquisition requires competence in engineering, appraisal, law and negotiation / communication. Engineering, appraisal and law all require college degrees. If your advisor doesn't have a college degree, how effective do you think they will be having to work with others who are required to have one as a basic entry into the profession?
5) Are they licensed? In Texas, almost every profession is regulated and requires a license. Heck, my barber has to have a license. If your advisor isn't licensed, they probably aren't qualified to advise you.
6) Do they have experience with your situation? Those of us who are professionally designated are required to disclose if we don't have experience with something. If we don't have the experience with what is needed, we are required to work with someone who does. Everything goes back to working with PROFESSIONALS.
7) How are they paid? This is a VERY important question. For example, if you hire an attorney on a contingency to represent you, will they recommend something you need other than money? Many times I encounter situations where property owners really need engineering concessions. However, attorneys can't make money on engineering concessions. Therefore, you have to ask yourself if your consultant really has YOUR best interest at heart, or do they have theirs?
These are things you need to consider when listening to the advice of other well meaning individuals. If you would like for me to study your situation, I would be pleased to evaluate your situation free of charge as a public service to instill trust in my chosen profession. For me to review your situation adequately, please provide me the following. They can either be scanned as a PDF document (300+ dpi for engineering, drawings or photographs, please) or mailed to me:
· All correspondence from the acquiring agency
· The appraisal report (if one was provided)
· Legal descriptions and plats of the area to be acquired
· Construction design plans
· A copy of the legal document they want you to sign.
Upon receipt of the information, I will notify you with the expected date of my review. It takes me approximately one week to review a file adequately. After reviewing your right of way acquisition, I will send you my thoughts on the matter.
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