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Now, needless to say when you take a man's property from him, you are involving a person in something very near and dear to him. Some States have sought to cope with the impact of a highway taking by the issuance of a little bulletin. California calls theirs "Fourteen Million People Want Your Property.”

This is just an 8 or 10 little printed page bulletin with pictures and sketches and a minimum of print in which they seek to outline to the property owner what will happen shortly, just as soon as they know the highway will involve his taking. It explains that somebody will contact him and explain to him how his property is to be appraised, and things of that kind. We think that such a little bulletin for West Virginia would be helpful, too.

I have also suggested setting up a special right-of-way library of technical books on appraising and negotiation and things of this kind, so it is of ready availability to all professionals in the field.

Mr. May. Mr. Levin, thank you very much. I am sorry that time did not allow you to speak in more detail on some of these matters. We do appreciate it, and I think it will make fine reading for those people who do read our transcripts. Mr. Levin you are secretary of what? What committee of AASHO are you the secretary of?

Mr. LEVIN. The right-of-way committee. Mr. May. The right-of-way committee. Mr. Chairman, I think we should make an exhibit now, exhibit 71, of the letter we received from you received from Mr. A. E. Johnson, executive secretary of AASHO, together with the enclosure.

These are the letters showing what steps AASHO, the American Association of State Highway Officials, now are taking in connection with the training of right-of-way personnel and various State highway departments, and the review of the right-of-way, of getting the benefit of the work of the right-of-way committee; is that right, Mr. Levin?

Mr. LEVIN. Yes, sir.
Mr. Gray. Without objection the letters will be made exhibit 71.

Mr. May. Could we have them printed in the record at this point, Mr. Chairman?

Mr. Gray. Without objection, so ordered. (The document referred to was marked "Exhibit 71” and follows:)

EXHIBIT 71

AMERICAN ASSOCIATION OF STATE HIGHWAY OFFICIALS,

Washington, D.C., July 5, 1962. Hon. JOHN A. BLATNIK, Chairman, Special Subcommittee on the Federal-Aid Highway Program, House

Office Building, Washington, D.O. DEAR CONGRESSMAN BLATNIK: For some time, the American Association of State Highway Officials has had a subcommittee in our traffic committee working on a draft of AASHO recommended program to furnish basic training to existing and potential highway department right-of-way personnel.

At the executive committee summer meeting, we increased the size of this committee to include three chief administrators and also gave some definite instructions and some suggestions on the type of program that should be developed for consideration by the State highway departments at our annual meeting this winter.

Enclosed is the assignment letter covering this committee's work and it was our thought that you would be interested in this as you go into the West Virginia hearings. Yours very truly,

A. E. JOHNSON, Executive Secretary,

AMERICAN ASSOCIATION OF STATE HIGHWAY OFFICIALS,

Washington, D.O., July 2, 1962. Messrs. DAVID H. STEVENS, Maine, chairman; John R. PHILLIPS, Florida; MARK

U. WATROUS, Colorado. GENTLEMEN : The executive committee at its recent summer meeting, realizing the extreme importance of improving the training of right-of-way personnel in some of the State highway departments, reviewed the work of the right-of-way committee sub-committee assigned to that matter.

It was the opinion of the executive committee that the development of the program required some chief administrative officers to be involved in the operation and it provided for the naming of three chief administrative officials to review and direct the work of the right-of-way subcommittee as it developed a proposed training program to be considered by AASHO. You three named above have been appointed by President Womack to do that job.

It provided that the chairman of the chief administrative officers group be the chairman of a total committee that would consist of the three chief administrators and the existing right-of-way committee group, and that Mr. Hyder, the chairman of the right-of-way committee, be the vice chairman of the total committee, with Mr. David Levin, Bureau of Public Roads, acting as the secretary of the total committee.

It was suggested further that a training program be developed along the lines of a letter from the executive secretary to the American Right-of-Way Association requesting that organization's counsel and assistance, and a memorandum prepared by Mr. David Levin, accompanying a letter addressed to the executive secretary under date of June 14.

A copy of Mr. Levin's memorandum and excerpts of the executive secretary's letter to the American Right-of-Way Association are attached hereto for your information and guidance.

It was the instructions of the executive committee that this assignment be expedited and that the total committee have a recommended program ready to present to the executive committee at the Miami meeting.

The executive committee also authorized and directed the total right-of-way training committee to request the assistance of any outside right-of-way organization that it might desire.

A review of the operations of the highway program continues to point up weaknesses in the right-of-way operation that can seriously harm the program and the position of the State highway departments in that program.

It may be well to give consideration to a short range crash program of basic training for present and new highway department right-of-way personnel and to give consideration to a long-range, more comprehensive, training program for the future that will require more time.

I suggest the creation of a small task force within your group to prepare draft material for your consideration instead of each person working up proposals individually.

This short-range program could specialize on basic fundamentals that should proceed even on-job training for right-of-way personnel. On-job training is not sufficient and in some cases that is all that is afforded.

This office has discussed this entire matter with President Womack and an announcement of our action in getting the training program underway is being made to Congressman John L. Blatnik in advance of his open hearings on the right-of-way situation in West Virginia. You will recall that Chairman Blatnik has officially called on AASHO and the State highway departments to take some steps in improving right-of-way operations in State highway departments. This is something that we cannot overlook. Yours truly,

A. E. JOHNSON, Executive Secretary.

87241—62-39

Mr. May. May we make Mr. Levin's report exhibit 72, Mr. Chairman ?

Mr. GRAY. No. 72.

(The document referred to was marked “Exhibit 72," and will be in subcommittee files.)

Mr. May. Thank you very much.
Mr. GRAY. Thank you very much, Mr. Levin.

Mr. ROBISON. Mr. Chairman, I would like to commend Mr. Levin both on his evident knowledge and experience in this field and in the very articulate fashion in which he explained a most complex and yet a most interesting problem.

Mr. GRAY. Thank you very much. Our concluding witness today will be Mr. Burl A. Sawyers, Charleston, W. Va., present commissioner, West Virginia State Road Commission. Will you come forward, Mr. Sawyers, please. Will you face the committee and raise your right hand

Do you solemnly swear that the testimony you are about to give before this special subcommittee shall be the truth, the whole truth, and nothing but the truth, so help you God?

Mr. SAWYERS. I do.

TESTIMONY OF BURL A. SAWYERS, COMMISSIONER, WEST VIRGINIA

STATE ROAD COMMISSION, CHARLESTON, W. VA. Mr. GRAY. Mr. May.

Mr. May. Mr. Sawyers, when did you become commissioner of the State roads commission?

Mr. SAWYERS. The first time July 1, 1955.
Mr. May. How long did you serve on that occasion ?
Mr. SAWYERS. January 31, 1957.
Mr. ROBISON. Until when?
Mr. SAWYERS. 1957, January 31.
Mr. MAY. Then in 1961 did you again become commissioner?
Mr. SAWYERS. On March 2, 1961.

Mr. May. Mr. Sawyers, you became commissioner in March 1961, and we have had here described for the past couple of weeks the type of operation that existed in the road commission, right-of-way division, at that time.

Would you explain to the committee what steps have been taken since that time to correct the deficiencies that were found to have occurred ?

Mr. SAWYERS. Yes. I would like to, if I may, explain this in a different area than the right-of-way department, rather by step 1, 2, 3, and 4.

No. 1, I would speak on personnel. The first step was the employment of Mr. Henry C. Bias, Jr., as director of the legal and rightof-way division, which was done on April 15, 1961.

Mr. May. Do you have some information relative to Mr. Bias' background?

Mr. SawYERS. Yes, sir. Mr. Bias had been an assistant attorney general for 5 years, and was director of the legal division of the State tax commissioner's office for 4 years; very familiar with all aspects of State and local government." He aided in the initiation of the statewide reappraisal program and was, therefore, very familiar

, with appraisal processes and techniques.

The next step was the employment of Mr. Arnold R. Morton, who is an M.A.I. appraiser. He was employed as chief appraiser.

Mr. Morton had formerly been chief appraiser for the bureau of public roads in the State of Ohio. He was the former right-of-way agent and regional right-of-way agent for the State road commission, and had very wide appraisal experience over many years, and was also familiar with the requirements of State and Federal Government in the right-of-way field.

Next we employed Mr. Robert E. Walters as the chief auditor for the legal and right-of-way division. Mr. Walters had previously been employed as an auditor for the legislative auditor and was, therefore, very familiar with all phases of State government. Moreover, Mr. Walters had participated in an audit of the State road commission and was extremely familiar with all phases of the legal and rightof-way division's activities.

Later we employed Mr. Philip P. Joseph as assistant director in charge of right-of-way activities as of September 1, 1961. Mr. Joseph has had approximately 20 years' experience in the right-of-way field; has had a wide and varied experience in the appraisal field; has been a district right-of-way agent and is extremely familiar with the State and Federal requirements of highway rights-of-way.

Mr. May. Mr. Sawyers, we have had considerable testimony with respect to the changes being made on appraisals submitted by fee appraisers without explanation or documentation. Have steps been taken with respect to that type of situation ?

Mr. SAWYERS. Yes, sir. In April, under a memorandum, a directive was issued to our right-of-way division that no increases in any appraiser's valuation could be made without consulting the director of the division and obtaining his approval.

Mr. May. That was April of 1961?
Mr. SAWYERS. 1961; April 25, 1961.
Mr. May. Any increase would have to be explained ?

Mr. SAWYERS. Would have to be justified and authorized by the director of the legal and highway division.

Mr. May. Did you take any steps with respect to fee appraisers ?

Mr. SAWYERS. Yes, sir; we have. In May 1961, we developed and distributed an experience questionnaire for fee appraisers, requesting therein personal information as follows:

(a) The appraisal applicant's formal education;

(6) The applicant's professional appraisal training and detailed information about such training;

(c) The applicant's appraisal experience, with emphasis upon the types of property which he has appraised, the purpose of the appraisals, the number of years of experience, and other pertinent data;

(d) Whether or not the applicant had had courtroom experience as an evaluation witness;

(e) The name of trial attorneys with whom the applicant had worked;

(f) The professional associations the applicant is affiliated with.

In June 1961, we established a system of prequalifying independent appraisers through the use of the questionnaire mentioned in the pre

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ceding paragraph and thereafter employed no appraiser who had less than 2 years of actual appraisal experience. Under this system, even after the appraiser has qualified to do appraisal work for the division, he is given only one or two appraisals as trial efforts. These appraisals are checked very carefully by the chief appraiser and if found to be unsatisfactory, the appraiser is not used any further; but, on the other hand if his work is found to be satisfactory, he is given additional appraisals to do for the division.

Now all appraisals are reviewed, not just a spot check.

Mr. May. Mr. Sawyers, we have had considerable testimony with respect to the situation where the appraisers were assigned appraisal work on given projects simply over the telephone or orally, and no arrangements had been made with respect to fees. Have you done anything about that situation?

Mr. SAWYERS. Yes, sir. We have developed a printed contract for employment of all independent appraisers, and this is a uniform contract, and it is in use throughout the State of West Virginia at this time. It specifies the precise project parcel or parcels to be appraised and the fee to be paid to the appraiser for his services.

Mr. May. We have had testimony that the appraisal form that has been used lent itself to abuses in that it would induce the appraisers to use the reproduction cost less depreciation method which sets the upper limits of value. Have you done anything about that?

Mr. SAWYERS. We completely revised the appraisal form to be used by independent appraisers whose services were retained by the legal and right-of-way division. This revised appraisal form has been of tremendous value in solving many of our appraisal problems.

Mr. ROBISON. May I inquire, Mr. May, when that revision was made?

Mr. SAWYERS. I do not have the exact date, sir. I think it was November of 1961, I am so informed.

Mr. May. We have had testimony showing that the independent appraisers, even when they were hired were not given instructions. Some went out and copied from one another, others did not know what was required of them to conduct appraisals for the State road commission. Have you done anything about that? ?

Mr. SAWYERS. Yes, sir; we have. A pamphlet of instructions for independent appraisers has been developed, and this sets forth our requirements as to professional techniques of appraisal, informing him of data which must be considered in arriving at the market value of any property taken for highway purposes, as well as those items to be considered compensable or noncompensable under the laws of the State of West Virginia. This pamphlet also discusses the new appraisal form in an understandable fashion and instructs the appraiser as to its use, page by page and item by item.

Mr. May. We have had testimony that there was a lack of training of the personnel within the right-of-way department. Have any tests been taken in that respect?

Mr. SAWYERS. There has been initiated the practice of sending groups of our right-of-way employees to the formal appraisal courses held by the American Institute of Real Estate Appraisers at various universities across the country. I think that Mr. Levin talked to that point in his report a while ago.

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