What Is a Right of Way (ROW) Agent?
A Right of Way Agent (RWA) is responsible for negotiations when taking over land in a land condemnation project. In most cases, Right of Way Agents are third-party consultants who represent the condemning authority in a land condemnation case before litigation. At the outset of a case, they will seek to gather as much information as possible from a property owner.
While they are the face you may actually see and the individual you will interact with, they are just one player in a much larger state structure, which includes the Board of Transportation, Secretary of Transportation, State Highway Administrator, Deputy Highway Administrator of Preconstruction, Right of Way Branch, Right of Way Manager, and Right of Way Agents.
What does a Right of Way Agent do?
A RWA handles most of the day-to-day affairs of the acquisition part of a project, including early acquisitions, protective acquisitions, and hardship acquisitions. They are also responsible for conducting preliminary field inspections, which entail coming out to your property and inspecting it. At this stage, they may take soil samples and put up survey markers, all of which they are legally entitled to do as long as they don’t damage your land. Other duties include:
- Determining the presence of any existing right of ways, such as utilities
- Pre-appraisal negotiations for typically less than $25,000
- Direct communication with you, the property owner
- Keeping a negotiation diary in which they document everything they do and all conversations with you
- Coordinating an appraisal of your property
- Negotiating with you or your lawyer on the value of your land, home, or business
- Turning the file over to the Attorney General’s Office if the case cannot be negotiated so that they can file suit against you in a formal land condemnation proceeding
Should I Speak to Right of Way Agents?
It is crucial to remember that a RWA is employed by the state and not by you. As a result, the less they pay you, the better they look to their employer. Therefore, they will not advocate to pay you what is fair and will try to acquire your property for the lowest possible price.
With this in mind, we do not recommend that our clients communicate directly with Right of Way Agents; instead, we strongly encourage them to allow us to handle all communications with them. If your case ends up in court, you can count on any statements made to the RWA coming up and being used against you as evidence in the case, even if what you said is being taken out of context or was incorrectly written down. That’s why our advice is to say nothing. Instead, let us do the talking for you.
Over 45 Years Representing Property Owners Across North Carolina
If a RWA has contacted you, it’s in your best interest to speak with an eminent domain lawyer right away. Our team of eminent domain attorneys has successfully represented hundreds of businesses and commercial property owners throughout NC, evidenced by our proven track record of results. Contact us today by submitting a consultation form on our website or calling our office at 919-781-1107 today.