Welcome to the International Right of Way Association’s Course 207 Practical Negotiations for United States Federally Fu

1. Welcome to theInternational Right of Way Association’sCourse 207Practical Negotiations for United States Federally Funded Land Acquisition 207-PT – Revision 2 – 09.25.06.USA

2. Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course...

3. ObjectivesAt the conclusion of the two days, you will be able to... •Demonstrate a basic knowledge of the FHWA’s requirements, as they relate to negotiators. • Develop an understanding of individual negotiating styles. • Use practical approaches and tips to improve right of way acquisition settlement rates.

4. Housekeeping

5. ScheduleDay One(1) 8:00 - 8:30 Introductions, Etc. 8:30 - 10:00 Federal Laws and Regulations 10:15 - 10:45 General Requirements 10:45 - 11:15 Pre-Negotiation Information 11:15 - 12:15 Conflict Management Styles 1:15 - 2:30 Negotiation Styles 2:45 - 4:30 Overview of Negotiation Types

6. ScheduleDay Two(2) 8:00 - 8:30 Recap 8:30 - 10:30 Funnel Technique 10:45 - 12:00 Some Common Issues 1:00 - 3:30 Specific Negotiation Processes 3:30 - 4:00 Summary and Review 4:00 - 5:00 Exam

7. Acquisition Acquisition is the process of acquiring real property and includes appraisal, appraisal review, establishing just compensation, negotiation, administrative and legal settlements and condemnation.

8. The Uniform Act The act provides “…for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted programs and to establish uniform and equitable land acquisition policies for Federal and federally assisted programs.”

9. Basic Policies (1) Expeditious acquisition Notice to owner Appraisal and invitation to the owner Appraisal waiver Establishment and offer of just compensation Summary statement Basic negotiation procedures

10. Basic Policies (2) Updating offer of just compensation Coercive action Administrative settlement Payment before taking possession Uneconomic remnant Inverse condemnation Fair rental Conflict of interest

11. General Requirements Adequacy of real property interest Right to occupy Appraisal and appraisal review Establishment and offer of just compensation

12. Pre-Negotiation Project Information Parcel Information Property Owner Information

13. Conflict Conflict is a disagreement or collision (between people or among groups) in interests, ideas, beliefs, opinions, impulses, etc. with an emphasis on process rather than on outcome. The conflict can be perceived of as friendly or hostile or gradations in between.

14. Conflict Management Styles Avoidance AccommodationCompetitionCompromiseIntegration

15. Avoidance Differences are too minor or too great to resolve. If resolutionis attempted, relationships might be adversely affected.

16. Accommodation Relationship and harmony must not be jeopardized.

17. Competition Need to prove superiority. Need to satisfy own needs.

18. Compromise No one person or one idea is ideal. There are several ways to do anything. A person needs to give to get.

19. Integration When both parties communicate openly, a mutually beneficial solution willbe found without either person making a major concession.

20. Conflict

21. Personality Styles Extroverted Introverted Pragmatic Idealistic

22. Characteristics of the Successful Negotiator (1) Credibility Courage Empathy Integrity/Ethics Patience Communication Skills

23. Maintaining Relationships Shared control Equality Similarities Trust “Liking” Openness Interdependence Self-worth No jargon

24. Characteristics of the Successful Negotiator (2) Motivation … is the psychological characteristics that arouse people to act. External Internal

25. Negotiation … the process by which twoor more people resolve differences to reach a mutually acceptable agreement.

26. Types of Negotiations Integrative Bargaining Intra-agency

27. Integrative “Win-Win” Mutually beneficial outcomes Inquiry Collaborative

28. Bargaining “Win-Lose” “Zero-Sum” Advocates positions Compromise

29. Intra-agency Intra-organizational

30. Day One Recap • Demonstrate a basic knowledge of the FHWA’s requirements, as they relate to negotiators. • Develop an understanding of individual negotiating styles.

31. Day Two • Demonstrate a basic knowledge of the FHWA’s requirements, as they relate to negotiators. • Develop an understanding of individual negotiating styles. • Use practical approaches and tips to improve right of way acquisition settlement rates.

32. I. Information Getting II. Information Giving Funnel Technique III. Problem Census IV. Problem Solving IV. Problem Solving V. Closing

33. Subject Property

34. Some Common Issues Appraisals Attorneys Authority Compensation Condemnation Property Owners

35. Negotiation Processes (1) Initiation of Negotiations Basic Negotiation Procedures Notifications Project Influence Just Compensation and the Offer

36. Negotiation Processes (2) Updating the Just Compensation Tenant Owned Improvements Incidental Expenses Payment Recordkeeping and Reports

37. Reports

38. Negotiation Processes (3) Less than Fee Interest Coercive Action Settlements Inverse Condemnation

39. Negotiation Processes (4) Fair Rental Uneconomic Remnant Certain Litigation Expenses Donations Owner Retention of Improvements

40. ObjectivesNow, you should be able to... •Demonstrate a basic knowledge of the FHWA’s requirements, as they relate to negotiators. • Develop an understanding of individual negotiating styles. • Use practical approaches and tips to improve right of way acquisition settlement rates.

41. Thank you. 207-PT – Revision 2 – 09.25.06.USA