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  But the seed was planted and took root and the bottom line was that my admission of guilt superseded the preconceived notion that I am always right.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.