I recently was told that I talk too much.  That’s definitely impossible, I thought to myself, and immediately went into denial. Obviously, the criticism was totally unwarranted due to the fact that I am an experienced Right-of-Way Negotiator and talking is my specialty.  But the seed was planted and took root and the bottom line was that my admission of guilt superseded the preconceived notion that I am always right. 

So I talk too much.  So there, it’s out and now to deal with it.  My business is speaking and communication is my specialty.  Speaking is something I enjoy and feel that I am good at it.  So what’s the big deal?  I mean if you are speaking and it’s getting the job done is there really a problem?   Is it possible that speaking too much is a detriment or hindrance to effective communications?

Most people can hear but not everyone will listen.  
My difficulty is not being attentive while I’m speaking because I like to “arrange” the outcome of the conversation to suit me.  It’s all about me you know.  When speaking, I like to “control” the conversation with as many words, phrases, and cliches as possible.  I enjoy telling stories that WOW the other party and overwhelmingly convince them that I know what I’m talking about.  It is not my fault if the other person is not listening.  That’s their job not mine.

What would happen if I spoke less and listened more?   My first thought is “NO” I would lose control.  But is that what I want the other party to believe?  That I am in control?  Or would it be better if they were in control of the situation and were convinced that it was their idea.  Isn't that a worthwhile goal when sharing ideas? That my idea becomes their idea? 

So how does someone develop a technique for effective listening?   One way is to really “hear” what the other party is saying by watching their facial expressions such as smiles, frowns, squints, eyes and brows, their various volume and tone of voice, and body movements to name a few.  By really “hearing” I mean that people can voice one thing and convey additional messages by the way they conduct themselves.  It’s like an orchestra leader at a symphony.  The movement of the baton makes the difference in the manner that music is played.  

Developing good listening habits and techniques takes practice and discipline but it is worth its weight in gold.  To say the right thing at the right time takes skill, patience, and understanding.  To listen and hear what the other person is conveying encompasses these same qualities. 

The skill of negotiation for right-of-way involves communicating knowledge to the other person in a manner that is understandable and makes sense.  Listening is the skill that enables feedback of how that knowledge was received.  I have learned in Right-of-Way negotiations to pause and ask questions thus inviting the other party to speak and respond with ideas.  Most likely needs and goals will be relayed to me and provide references on how my ideas can become their ideas. In this way successful Right-of-Way negotiations become a win-win for both parties.
 
 
In instances where highways and roads are relocated or widened it is necessary for a property owner affected by the improvement to convey a portion (or all) of their land and improvements to the acquiring agency. This process is called “right of way acquisition.” When the highway improvement becomes necessary and affects you as the owner it is like having a baby. The improvement is going to come and there is going to be travail and pain. Someone once said it takes a woman nine months to have a baby and there is no way you can get nine women together and have a baby in one month. It takes time and patience on everybody’s part. There is no way to speed it up or slow it down – the process is going to happen in it’s time. 

To ready ourselves for the new improvement we must get acquainted with the land acquisition process. In our February blog we spoke briefly about donations of land for highway improvements. This month we will relay information concerning a very important part of the procedure called the appraisal. Please remember, in all land acquisition procedures where federal funds are involved in the project Public Law 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 governs the procedures that must be followed by all acquiring agencies. 

The appraisal process simply brings to front the question “What’s it worth?” This question is the starting shot at the gates so to speak. Both the acquiring agency and the property owner are seeking the answer to this question. The underlying element of eminent domain, i.e. “the right of a public agency to take private property for public use” - is the payment of just compensation. What is just compensation? What is the worth? No one knows until the appraisal of the property is performed by a competent appraiser who has the experience in the type of property taken in the highway acquisition. 

The appraisal is a written statement which estimates the fair market value of your property or portion thereof. This value is based on sale prices of comparable properties. According to law you have the right to an appraisal. Tri-State Engineering has an experienced consulting real estate appraiser on staff licensed by the States of Missouri, Oklahoma, and Kansas. We have worked with MoDOT and other acquiring agencies over the past four decades in handling a variety of highway acquisitions. 

Our appraiser will make every effort to meet with you or your designated representative and extend an invitation to accompany and assist in the inspection of your property. We believe you as a property owner are the “expert” and know more about your property than anyone else. The appraiser researches and studies all the facets of the property to develop an estimate of just compensation which is the basis for an approved offer to you the owner. Any losses in value caused by the acquisition such as loss of land, buildings, improvements, other property rights and damages to remaining property are set out in the appraisal. When the appraisal is completed the final figure is what the property is worth in today’s market. 

If you have an appraisal question or perhaps you need a consultant appraiser to contact you please phone Phil Erwin at Tri-State Engineering at 417-438-9954 or email perwin@tristate-engineering.com. You can trust us to be there for you as your appraisal consultant.  

 
 
Right of way is the land and improvements needed by the acquiring agency to build a highway, road, or bridge.  If your property becomes involved in the acquisition necessary for the road or bridge improvement there are certain safeguards to protect and equip you to deal with the agency.

Certain land acquisition procedures were developed and formed into public law over forty years ago called the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.  This public law is still in effect today and is separated into five phases known as donations, appraisal, negotiation, settlement, and eminent domain.  When you deal with public agencies and they are receiving Federal dollars you can be confident that the law will be followed and you can expect fair dealings from the agency’s representatives. 

When funds are limited on the part of public agencies and there are only minor acquisitions the owner may be approached to donate the necessary right of way in exchange for construction benefits.  For example if a partial land taking across the property frontage is necessary for improvement the owner may be compensated by widening a driveway into the property.  This saves on the expense and time of having an appraisal made.  In this situation the owner will be asked to sign a Waiver of Compensation in addition to signing a deed and other supporting documents. 

 The agency official usually handles the negotiation with the property owner and every effort is made to inform the owner of their right to receive just compensation or the option of waiving this right.  There may be other times when the agency hires consultants such as Tri-State Engineering who are proficient in the policies and procedures of Right of Way acquisition and provide a solid basis of understanding in dealing with owners during the land acquisition process.  The continuing goal of Tri-State Engineering is to build a foundation on which mutual confidence and cooperation can grow between public agencies and citizens as we assist in building better communities.   

 
 
“Don’t shoot the messenger,” is the message the Appraisal Institute has for those in the real estate industry. Appraisers have been taking heat the last few months over low home values, with critics arguing that values aren’t matching a home listing or contract’s price and valuations are unfairly weighing distressed properties into the equation.”
 [Daily Real Estate News | Friday, January 20, 2012]

It’s the same story we have heard for years.  Someone has to be the bad guy because their house sale didn’t go through at the bank.  The realtor did the best job that could be done in getting the buyer and seller together.  The “right price” was made and the contract was signed. Somehow all the parties to the transaction think the contract price is the “right price” and everyone is satisfied - until the bank rejects the loan.  

What went wrong?  We have to remember that appraisals are not made to satisfy and uphold the contract price. The finger pointing will always find an easy target and naturally aims at the appraiser because the appraisal is where the market value of the property has its roots.  The appraiser is an unbiased third party who simply is reporting what is reflected in the market. The lower appraised value in a down market suddenly brings an end to the aura of happiness for everyone involved in the transaction. 

So what happened?  Is the appraiser really the bad person here?  Sometimes we forget that the appraiser is governed by stringent laws and regulations mandating how an appraiser must operate and how the appraisal must arrive at fair market value.  The regulations are in place for the appraiser by USPAP [Uniform Standards of Professional Appraisal Practice] and to bend the regulations is against the law. 

“Appraisers don’t set the real estate market; they reflect what’s happening in the market,” Sara W. Stephens, the Appraisal Institute’s president, said recently. “Obviously, the market is depressed — home prices have fallen far below the values of a few years ago. Many homes simply aren’t worth what their owners think they are.” 
 [Daily Real Estate News | Friday, January 20, 2012]

It’s not an easy job to find market value for property in today’s volatile economic environment.  If you need assistance in determining the market value of your property please call Phil Erwin at 417-438-9954 or email perwin@tristate-engineering.com.  It’s always good to know the right price of the property before you decide to buy or sell. 

 
 
“Don’t shoot the messenger,” is the message the Appraisal Institute has for those in the real estate industry. Appraisers have been taking heat the last few months over low home values, with critics arguing that values aren’t matching a home listing or contract’s price and valuations are unfairly weighing distressed properties into the equation.”

 [Daily Real Estate News | Friday, January 20, 2012]

It’s the same story we have heard for years.  Someone has to be the bad guy because their house sale didn’t go through at the bank.  The realtor did the best job that could be done in getting the buyer and seller together.  The “right price” was made and the contract was signed. Somehow all the parties to the transaction think the contract price is the “right price” and everyone is satisfied - until the bank rejects the loan.  

What went wrong?  We have to remember that appraisals are not made to satisfy and uphold the contract price. The finger pointing will always find an easy target and naturally aims at the appraiser because the appraisal is where the market value of the property has its roots.  The appraiser is an unbiased third party who simply is reporting what is reflected in the market. The lower appraised value in a down market suddenly brings an end to the aura of happiness for everyone involved in the transaction. 

So what happened?  Is the appraiser really the bad person here?  Sometimes we forget that the appraiser is governed by stringent laws and regulations mandating how an appraiser must operate and how the appraisal must arrive at fair market value.  The regulations are in place for the appraiser by USPAP [Uniform Standards of Professional Appraisal Practice] and to bend the regulations is against the law. 

“Appraisers don’t set the real estate market; they reflect what’s happening in the market,” Sara W. Stephens, the Appraisal Institute’s president, said recently. “Obviously, the market is depressed — home prices have fallen far below the values of a few years ago. Many homes simply aren’t worth what their owners think they are.”

 [Daily Real Estate News | Friday, January 20, 2012]

It’s not an easy job to find market value for property in today’s volatile economic environment.  If you need assistance in determining the market value of your property please call Phil Erwin at 417-438-9954 or email perwin@tristate-engineering.com.  It’s always good to know the right price of the property before you decide to buy or sell. 

 
 
Some time-less negotiation rules that bring success in every stituation. 

1. Ask questions. It is important  to find out the other person’s needs and wants and this sets the stage for good negotiations. 

2. Don’t stop with the questions.  Keep asking questions to check up or validate the previous answers.  It’s important to fine tune.   

3. Be a good listener and provide feedback.  It is important to understand what you are being told. Watch for the non-verbal signs as well as the verbal cues. 

4. Appreciate what the other person is saying and mini-summarize what the speaker has said in order to obtain a good understanding of the message.

5.  Smile while you are speaking and listening.  It means a lot to the other person if you are enjoying the conversation. 

6.  Remember to say your message, say what you just said, and say it again.   Repeat, repeat it differently, and repeat it again. 

Negotiation is far more than simply sitting at the table and exchanging proposals. It is the process of learning enough about the other person to be able to engage the person in a dialogue that makes that person want or need to work with you.

Remember, negotiating is persuading someone else to do what you want them to do.

 
 
 I feel better today knowing that I am an appraiser and not a whetherman.  That’s not a misspelling of weatherman.  My definition of a whetherman is someone who predicts the “whether” and is oblivious to facts.  Internet appraisals fall into this category because there is no basis of factual data in forming an opinion of value.   An example of this is that I am well acquainted with a property for sale in the city of Joplin and have made an appraisal and determined the appraised value based on the sales comparison approach.  Being a certified residential real estate appraiser and licensed in Missouri, Oklahoma, and Kansas I am governed by laws and regulations for making an appraisal. Appraisal work is serious business and one that I do not take lightly and consider a very important component in the real estate world.   An appraisal report is considered a snapshot of a property's value at a given date in time. The sales comparison approach or market value approach is the most widely accepted method of determining how much comparable homes with similar features have actually sold for. Therefore, the appraised value of a particular property is often determined by the sales activity of the comparable homes in the immediate area.   Personally I want to walk through the property during an inspection and obtain as much data as possible and photograph everything.  A picture is worth a thousand words.  Sketches of the room size and arrangement is mandatory.  Some appraiser’s rely on the County records but I always want to do my own work and then check back with the records and look for discrepancies (if any).   A good appraiser is observing interior/exterior features in detail during the inspection and taking notes on special outstanding features of the property.  I like for the property owner to be present to point out certain things – the owner is the expert and knows the age of the improvements and most owner’s will inform me of certain repairs that are needed along with my own observation.   Think for a minute.  Do you want an internet appraisal company located in another state where you simply log in your address and receive a free estimate of your property value based on inaccurate information or do you want a personal visit from a local qualified appraiser who knows the neighborhood and the current market activity. Call me for an accurate appraisal of your property and you won't get "whethered" by the estimators.
 
 
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LOTS FOR SALE! The market for lot sales is booming. There are still more lots for sale but sellers are getting smarter and they want the best price for their lot. On the average a 70 ft. x 125 ft. lot (8,750 SF) is bringing approximately $13,000 or $1.49/SF. I have seen other lots of similar size selling for $1.20/SF to $1.32/SF. Lot prices vary due to location. For example there are some lots that are corner locations; some have better proximity to highways or commercial areas/ schools/ hospitals, etc. Location is a big factor in the price of the lot. Other factors such as terrain, shape of the lot, and the appearance of the neighborhood play an important part in the price. Overall, since the first of September I have seen lot prices stabilize to a higher level per square foot than what lots were selling in June and July. If you have any questions about a particular lot or if you need my appraisal consulting services please do not hesitate to email me at perwin@tristate-engineering.com or a quick phone call at 417-438-9954. You deserve the best after what you have been through.

 
 
At Tri-State Engineering the acquisition of real property and property rights is an extremely sensitive area of activities. It involves direct personal contacts with the public. When property is needed for right of way and land or property rights are required it is necessary that negotiators should make a reasonable effort to personally contact each property owner or the owner's designated representative. Negotiators should strive to attain rapport with the property owner, inspire confidence in the acquisition process and the fairness of the offer being made. The property owner should be provided with an explanation of the acquisition process which may be supplemented by an acquisition brochure. A full explanation of the project should be given and how it will affect the owner's property. If a personal contact cannot be accomplished a phone call is necessary with a follow up letter sent by certified mail. The owner should be given a reasonable time to consider any offer or donation of land and each owner should be provided with an opportunity to provide information concerning property values or suggest modifications in the proposed terms and conditions if a purchase is involved. At Tri-State Engineering our negotiator's considers the owner's counter-offers and suggestions, even though there is no obligation to accept the same. Occasionally, additional information may dictate a need for a revision to the offer. Any revision is documented providing an explanation of the reasons and if approved by the acquiring agency a revised offer is made promptly to the property owner. Successful negotiations is a result of good commuication skills which include listening to all parties involved and arriving at a solution agreeable to all. At Tri-State Engineering successful negotiations is always our goal. Call Phil Erwin at 417-438-9954 or email perwin@tristate-engineering.com when you are ready to begin successful negotiations.