RIGHT-OF-WAY AGENTS Number 226 Interest Area 11 1998
THE JOB
Governments and private industry sometimes need to acquire private property for public or private use. RIGHT-OF-WAY AGENTS, also known as land agents or real property agents, negotiate with the owners or their representatives to purchase their property or obtain the right to use it.
Agents may conduct field investigations to review the routes or sites to be acquired. On many projects, engineering personnel participate in the field investigation with the Right-of-Way Agents. In some organizations, agents are technical consultants to staff members responsible for selecting routes.
In some agencies, estimating property value is one of the most important duties performed by Right-of-Way Agents. When property is acquired for public use, the United States Constitution and California Constitution mandate that the owner be reasonably compensated. In addition, negotiations would be more difficult if fair market values were not offered to landowners as compensation for taking their land. Right-of-Way Agents may prepare the estimate of property value or may evaluate appraisal reports prepared by others to determine fair market value.
Right-of-Way Agents may examine public records to determine ownership of land, including those that have a legal interest in the land. Depending on the type of project, agents can then negotiate with owners to buy or use the land. After reaching an agreement with the owner, agents prepare escrow instructions or instruct other employees to prepare escrow instructions and secure necessary signatures.
When the Right-of-Way Agent is unable to negotiate a settlement with the property owner, the organization may go to court to get the needed property. This procedure is known as condemnation. Due to the unfavorable effect on public relations, the delays that result, and the cost of court action, condemnation is used as a last resort. Agents may help their employers' attorneys in filing condemnation proceedings. They also may serve as witnesses in the court proceedings.
The responsibilities of Right-of-Way Agents in some organizations involve cooperating with all levels of government and with private companies.This includes interpreting rules, regulations, and specifications set forth by the government and private companies. They also may manage property not required for immediate use, including rental, maintenance, and enforcement of collections. In addition, agents may sell unneeded land. Providing relocation assistance and payment to persons and businesses displaced by these projects are important aspects of an agent's duties.
WORKING CONDITIONS
Many Right-of-Way Agents spend much of their time away from their offices, looking through public records, inspecting property, and interviewing owners or other interested parties. In an organization with a large staff of agents, a Right-of-Way Agent may be assigned duties performed primarily in the office. This is especially applicable for those at the trainee level or those involved with administrative duties.
Many agents are members of professional associations, such as the International Right of Way Association, Appraisal Institute, or the American Society of Appraisers.
EMPLOYMENT OUTLOOK
The California Projections of Employment, published by the Labor Market Information Division, shows that the broad occupational group of property and real estate managers, which includes Right-of-Way Agents, will grow slightly faster than average through 2005.
Estimated number of workers in 1993 24,550 Estimated number of workers in 2005 32,670 Projected Growth 1993-2005 33% Estimated openings due to separations by 2005 6,190
(These figures do not include self-employment or openings due to turnover.)
Most Right-of-Way Agents work for State or local government. Employment opportunities in government depend upon construction budgets. With a healthy economy, new public works projects are likely to be funded, especially in highway and rail transit. There will be a corresponding increase in the demand for Right-of-Way Agents in government agencies. In the private sector, employment of Right-of-Way Agents will increase only slightly. Most of the openings will result from workers leaving the labor force or changing careers. Generally, recruitment of Right-of-Way Agents is at the trainee level. Some employers report difficulty finding enough qualified applicants.
WAGES, HOURS, AND FRINGE BENEFITS
Salaries for Right-of-Way Agents who work for the State of California ranges from $2,423 to $3,402. Journey-level agents earn from $3,491 to $4,219. Right-of-Way Agents with administrative responsibilities may earn $5,129 to $6,200 to per month.
The normal work week is 40 hours, though overtime work is often necessary to meet deadlines. Some employers may pay time and one-half for overtime, while others may offer compensatory leave time.
Most employees have benefit programs which include paid vacations, sick leave, holidays, retirement, and comprehensive health plans. Some agencies also offer life insurance. Some private companies may offer profit-sharing plans, educational incentives, and pay seminar and association fees. Employers either furnish an automobile, or reimburse for mileage. Travel expenses are paid for out-of-town work.
ENTRANCE REQUIREMENTS AND TRAINING
Minimum requirements at government agencies generally include passing a civil service examination, education equivalent to graduation from a four- year college, or at least two years' experience in appraisal or acquisition work. Generally, experience in real estate sales or transfers will not be considered equivalent to the appraisal or acquisition work required. Applicants who have completed courses in real estate management, economics, law, or engineering are preferred. Essential personal qualifications include verbal ability, tact, initiative, and sound business judgment. A valid driver's license is a necessity.
Private companies prefer applicants with a college degree, but many fill positions by considering applicants who have demonstrated skills in a closely related area of work. Applicants who have completed real estate related courses, or who have prior real estate experience are preferred. Many large companies conduct training courses for their employees who have been assigned as Right-of-Way Agents.
Government agencies and private companies prefer that their agents be familiar with the appropriate federal and state regulations. They also prefer applicants familiar with appraisal and negotiation procedures.
Right-of-Way Agents can receive considerable training through workshops offered by professional associations, such as the International Right of Way Association. Workshop courses can include communication, appraisal, and property management.
ADVANCEMENT
Promotions in governmental agencies are usually based on competitive examination or a merit system. More advanced positions such as senior, principal, and chief Right-of-Way Agent involve supervisory duties as well as more difficult Right-of-Way Agent assignments.
Promotion in private companies depends largely upon the initiative of the individual Right-of-Way Agent in obtaining advanced training and experience. In addition, promotional opportunities depend on the size of the company, as there may not be many levels of responsibility.
FINDING THE JOB
Applicants should refer to government agency announcements for openings and dates of examinations. They also should apply directly with utility companies, railroads, and oil companies. Local chapters of professional associations, class instructors, and the Employment Development Department Job Service are additional sources of job opening information.
ADDITIONAL SOURCES OF INFORMATION
The International Right of Way Association International Headquarters 13650 S. Gramercy Place Gardena, CA 90249 (310) 538-0233 www.irwa.com
American Society of Appraisers PO Box 17265 Washington, DC 20041 (703) 478-2228
Appraisal Institute 875 N. Michigan Ave., Suite 2400 Chicago, IL 60611-1980 (312) 335-4100 www.appraisalinstitute.org
RELATED OCCUPATIONAL GUIDES
Real Estate Agents No. 90 Real Estate Appraisers No. 228
OCCUPATIONAL CODE REFERENCES
DOT (Dictionary of Occupational Titles, 4th Ed., 1991) Right-of-Way Agent 191.117-046
OES (Occupational Employment Statistics) System Property and Real Estate Managers 150110
Source: State of California, Employment Development Department,
Labor Market Information Division, Information Services Group,
(916) 262-2162.
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