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Right-Of-Way Agents

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
19750 South Vermont Avenue, Suite 220
Torrance, CA  90502-1144
(310) 538-0233
www.irwaonline.org

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.