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Issue #2021-2022, Q3
April 15, 2022
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President's Message

President's Message

I’m still feeling uplifted after Chapter 1’s first real in-person event in over 2 years, which was a great success! This was the Chapter’s year to host the annual Chapter 1/Appraisal Institute Joint Luncheon. The luncheon was held Thursday March 31st at Quiet Cannon. With nearly 50 attendees, it was one of the most well attended events both pre- and semi-post COVID.
I want to thank the panelists, Madeline Mamuax and Marcus Pigrom of DM&A, and Elina Antoniou of BDG Law Group, who together presented the thought-provoking topic of “There’s a Higher and Best Use, Now What?” The presentation was very informative and was delivered with levity and natural ease.  
also want to thank Jacinto Munoz and Lianna Ayala with the Appraisal Institute for helping coordinate the event. Additionally, I’d like to recognize Diane Dominguez, Liset Corona, and Laura Flores for all their help from registration to raffle, and to making sure I made it to the right venue and on time.

A clear takeaway from the event is that members are ready to get back to networking, learning, and socializing. As we rushed to get through the raffle, event personnel had to diplomatically ask lingering attendees to leave, as many of us extended the luncheon to catch up with each other on work and our personal lives.
There were many raffle prizes to be awarded, but it was John Beck who was all smiles after his number was pulled for the golden bag and was the big winner taking home a $100 gas card.
Hot on the heels of the Joint Luncheon was the Region 1 Spring Forum. Like the Joint Luncheon, the forum was a well-attended in-person event. The Region representatives were joined by International Executive Committee Treasurer Fred Easton and our Region 1 Chairs Mike Flanagan, Ray Mehler, and Connor McDonald. The forum covered topics including budgets, education, nominees, and elections.
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An important update regarding the SR/WA pathway was presented during the forum. Please continue through the newsletter for this update along with other informative articles.
As we continue to gain momentum with in-person events, please keep an eye out for scheduled activities.
Upcoming events:
  • April 20, 2022 - Board of Directors Meeting – (Virtual)
  • May Happy Hour – TBD Stay Tuned
  • May 24th – Valuation Seminar – Rio Hondo
  • June 5-8 - Annual Education Conference – Cleveland
Lastly, I want to pay respects to Barry McDaniel who passed away early this year. Barry was instrumental in the right of way industry with his passion and focus on redevelopment. I was fortunate to work alongside Barry while he served as CEO, mentor, and educator. I encourage all readers to take the time to read the Celebration of Life included in this newsletter.
As always, feed free to contact me at [email protected] for questions, comments, or recommendations.

Thank you all and look forward to seeing you soon.

Craig Justesen

Supply Chain Foibles

By: Transportation Chairs, Julie Del Rivo and Cheryl DeMucci

Recent images of the vast amount of emptied boxes strewn along the Union Pacific railroad line in Los Angeles County garnered national attention and highlights an unintended consequence of the supply chain debacle. The port backlogs have led to track congestion leaving transported goods at rest and making it an easy …
The Future of Workplace Environment in Public Agencies

The Future of Workplace Environment in Public Agencies

By: Alexandra Nguyen Rivera, SR/WA

The pandemic-era trend known as the “Great Resignation” remains a prominent feature of the labor market, as favorable conditions lead workers to quit their jobs at near-record levels in search of better (and ample) opportunities elsewhere. According to the U.S. Bureau of Labor Statistics, there were more than 24 million American workers who quit their …
New Member Spotlight: Brian Bergman

New Member Spotlight: Brian Bergman

Brian Bergman is a Shareholder with BDG Law Group and is head of their eminent domain practice. Brian has 9 years of right of way experience with direct eminent domain experience for transportation agencies, as well as environmental and construction law. Prior to BDG, he worked at Weston Benshoof (now Alston Bird). Brian has attended several IRWA events in-person and …
New Member Spotlight: Roy Guinaldo

New Member Spotlight: Roy Guinaldo

Roy Guinaldo has been with Overland, Pacific & Cutler, LLC for the past 18 years. He is a Senior Project Manager in Acquisitions. Prior to Overland Pacific & Cutler he worked for 14 years in Real Estate Sales. Roy intends to pursue his IRWA credentials and was also a prior member and is now rejoining our chapter. Let’s get to …
Celebration of Life: Barry McDaniel

Celebration of Life: Barry McDaniel

Barry Rea McDaniel passed away on Saturday, January 8th, 2022, just four days from his 73rd birthday. He died of complications related to Alzheimer’s at Silverado Memory Care Community in Brea, California. Barry was born in 1949 in St. Louis, Missouri to Robert and Gloria McDaniel. His family moved frequently but finally settled in Fullerton, CA, where Barry attended Sunny …
Given the substantial growth that is occurring within CBRE’s ROW Valuation business in the Western Region and CA specifically, CBRE is hiring the following positions in CA:
  • Senior leaders with ROW appraisal experience
  • Licensed appraisers with ROW appraisal experience
  • Valuation associates (unlicensed trainees) with ROW appraisal experience
To apply to open CA positions, please do so at the following links:
VP level positions – MAI with ROW experience –
Senior Appraiser positions – Certified Generals with ROW experience –
Valuation associate positions – unlicensed trainees with ROW experience –

To learn more about ROW Valuation opportunities at CBRE, please email the following two individuals:
Steve Parent – Director of Right of Way, Western Region
[email protected]
James Wilson, Senior Employment Recruiter
[email protected]
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IRWA Courses

By Sergio Huezo, Education Chair

Can you believe it’s been exactly two years since we cancelled our last in-person class and started up virtual courses? Virtual courses have been the normal way of learning since then and even appear to be the preferred method of learning. Virtual learning has created an opportunity for participants to meet with colleagues not only across the nation but even countries. Although a lot of us miss interacting with our peers in person, these courses provide us the opportunity to learn about the different processes, regulations, and examples of what our peers from other regions encounter in their field of expertise.

I highly encourage that you experience one of these virtual courses in order to meet new people, make connections, and learn. Our right of way niche is constantly evolving and remember to make use of the free one-day class voucher that is a benefit with your membership. Below is a list of the upcoming virtual offerings for the remainder of our fiscal year.
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The 90 Day Notice of Termination of Tenancy that Spawned Six Lawsuits and Involved Sixteen Different Attorneys for a Lessee

By Michael Yoshiba, Esq.

Some cases are more memorable than others. This matter was truly unforgettable for the variety, creativity and ferocity of the opposition to the State’s attempts to terminate a “temporary” tenancy. Patience and persistence is certainly required in both the right of way and legal professions.

In July 20, 1978, the State of California entered into what was then a seemingly nondescript post-acquisition written lease of vacant property for an interim use of state-owned property that had been acquired for the future widening of a landscaped freeway. The lease agreement called for up to three—5 year lease periods between the State and lessee Marina Del Rey Boat Storage, Inc. (Lessee), but specifically provided that the lease of the subject property was intended to be only temporary in nature because the property was going to be used in a future State highway improvement project. The lease memorialized the intended temporary nature of the occupancy by inclusion of an unconditional 90-day termination of tenancy clause. Also included in the lease was a post-acquisition tenant relocation assistance benefits waiver clause wherein the Lessee acknowledged that the State was not obligated to find them a relocation site for the Lessee after termination of the lease. The Lessee proceeded to design, construct and manage a boat and recreation vehicle self-storage facility on the property.

By: Alexandra Nguyen Rivera, SR/WA and Craig Justesen RW-RAC

Credentialing Update

Credentialing demonstrates a specialized industry-based knowledge and skill set as well as a commitment to professional development and performance excellence. IRWA offers a curriculum pathway of progressive credentialing options for infrastructure professionals who function as an Industry Generalist and offers three paths: RWA, RWP, and SR/WA. Each of these credentials is granted to members who have achieved professional status through experience, education, and examination in several major Right of Way disciplines.
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The Cost of Inequality in Progress

The Cost of Inequality in Progress

By: Dionisio Marquez, Relocation Chairperson and Cheryl DeMucci, Transportation Chairperson

In 1956, President Dwight Eisenhower signed into law the Federal-Aid Highway Act of 1956, which became the biggest public works project in the nation's history. This act allowed for the construction of 41,000 miles of interstate highway by the early 1970s, with very little citizen participation and public hearings on specific routes. …