I recently enjoyed a lengthy conversation with a friend concerning
the operation of our respective firms. She is a land use lawyer with one
of the best (and largest) law firms in the Northeast. By comparison, my
company, Hartford. Conn.-based Bartram & Cochran, is a small
boutique firm with a national consulting practice. One of my questions
to her during our discussion focused on what criteria should be used in
determining how to equitably set base compensation and bonuses for my
firm.
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Quickly writing her answer on a paper napkin (gives you a sense of
where the conversation was taking place), my friend laid out the
following criteria to which her firm subscribes: education, recruiting,
governance, participation in the community, new business development,
billable hours and general practice. Upon reviewing her criteria a
second time, they made even more sense to me, as they are in the DNA of
each CRE member. I look forward to incorporating that criteria into our
compensation plan going into next year.
As I sat down to write this column, those criteria again came
quickly to mind as I reviewed the Roundtable (which can be found on
pages 1-6 of this edition of REI) with our three incoming 2007-08
leaders: Chairman of the Board Rich Hanson, CRE, principal of Mesa
Development of Chicago (a national developer of residential and mixed
use properties; CRE First Vice Chairman A. C. Schwethelm, CRE, president
of A.C. Schwethelm & Associates (appraisal services and litigation
support firm) of Comfort, Texas; and CRE Second Vice Chairman Art
Pasquarella, CRE, a principal and chief operating officer of BPG
Properties, Ltd. (private equity real estate fund manager) of
Philadelphia, Pa.
These three leaders have important characteristics in common. Each
believe in education, apparent by their schooling and involvement in CRE
conventions and meetings. Each recruits new members to our organization
by setting an example by their high caliber and character, and by
sponsoring new members. Each believes in governance, demonstrated by the
service they have provided their fellow CREs and the industry by their
service on many CRE committees. And each participates in his local
communities, a trademark of members of our organization.
I'm not quite sure if the new business development refers to
all of the members that they will get to know more closely over their
respective terms in office or if the billable hours and practice should
refer to the hours they are foregoing to be of service to our group, or
the fact that they still run and maintain incredibly complex and
demanding positions in their own companies. But all three possess the
character and professionalism that defines a CRE, and we all benefit
from their willingness to serve as CRE leaders.
REI sat down with Rich, A.C. and Art and asked what projects they
are currently working on, what they view as key issues that are
impacting the real estate environment and how the CRE organization is
meeting those challenges. I'm confident you will find their
thoughts and comments insightful.
The rest of this issue's articles fall into four broad
categories: Law and the Land, Finance, International Issues and Ethics.
In the feature article "Conservation Easement: Windfall or
Straightjacket?," co-authors James D. Timmons and Lara Daniel
address the various types of easements, how they are being used and
legal aspects and tax implications that accompany such easements. For
anyone working with local land trusts or conservation groups, this
article provides many points for discussion.
Another form of land management is covered in the feature article
"Unintentional Redlining? Zoning Ordinances and the Living
Wage" by Patricia S. Wall, Esq. The article poses an important
question: Are city council proposals to raise the minimum wage for
big-box retailers within the limits of most cities a form of
unintentional redlining, since the stores and associated jobs would
migrate from lower-income sectors to peripheral areas? The Community
Reinvestment Act of 1977 outlawed the practice of "redlining,"
in which lenders deny loans based on the applicant living in certain
low-income areas rather than on the applicant's qualifications for
their services. The article provides case law in the area and an
in-depth analysis of this trend.
Joseph S. Rabianski, Ph.D., CRE, provides further insight into his
previously published article "Comments on the Concept and
Definition of Highest and Best Use," that appeared in the Spring
2007 edition of REI (this article can be accessed online at
www.cre.org/publications). The follow-up article, "Comments On the
Probability of Rezoning," expands on determination analysis and
explains that the analysis can be flawed if legal permissibility is
contrary to the economics of the property market.
One of the major benefits of CRE membership is the ability to share
ideas and perspectives. It is the hope of the REI Board that more
members and readers will respond to issues by submitting perspectives
for publication in future REI editions. We encourage readers of REI who
see articles of interest to send authors' names to info@cre.org.
Board members will locate authors and inquire whether they have articles
that are appropriate for REI.
The finance feature article "Commercial Real Estate
Derivatives: The Developing U.S. Market" by Jim Clayton, Ph.D., is
an expansion of "The Dynamics of Derivatives" presentation
which Jim delivered at CRE's 2007 Midyear Meeting in Montreal. His
presentation was so well attended and the response so high that REI
wanted to expand on the topic. This piece provides the background for
both those who are new to the derivatives market or are more advanced in
the use of this finance mechanism.
On the international front, Barry Gilbertson, CRE, PPRICS, presents
his perspective on "What Is Driving the Change in the U.K. Retail
Market?" As Barry says in his introduction, the purpose of the
article is "to draw, in the mind of the reader, a similarity or
contrast between the U.K. and the property market in which the reader
operates." The restructuring in the U.K. retail market affects all
markets and it impacts those who develop or invest in retail
development.
This issue concludes with two resource reviews. One review is on a
book that deals with international issues, and the other on leadership
and ethics. In his review of Michael Ball's Markets &
Institution in Real Estate & Construction, P. Barton DeLacy, CRE,
FRICS, who serves as associate editor of REI, notes that the book is
important for those working in the field of international comparison
analysis. Markets & Institutions, according to Barton,
"produces an analysis on property markets across Europe in an
attempt to integrate academic ideas of international economics,
measurements and models into the real world of practitioners."
In his review of real estate icon and CRE Buzz McCoy's Living
Into Leadership, A Journey in Ethics, Kenneth P. Riggs, Jr., CRE, brings
us to the heart of the book. Living Into Leadership is not Buzz's
autobiography; rather, it is a series of stories that tap into
Buzz's remarkable career to help each reader determine his or her
own unique legacy.
I want to thank P. Barton DeLacy, CRE, managing director and
national practice leader for corporate valuation consulting at New
York-based Cushman & Wakefield, for his service as associate editor
of REI. A long-time member of the REI board, Barton brought a vision and
energy to REI, and his contributions are clearly visible on the pages of
this journal.
According to CRE membership surveys, Real Estate Issues is
consistently rated as one of the most important benefits of belonging to
the CRE organization. But survey numbers can never be as meaningful as a
sentiment that was recently expressed in a letter from CRE Wayne
Grinnell of El Paso, Texas. Wayne writes:
"One of the items that impressed me years ago when I first was
introduced to the CRE organization was the REI publication.
"Still does, as a new member. It far outshines my other primary
professional publications in terms of variety, practical information
and interest."
The editorial board and I are very proud of this publication and
gladly offer our time and energy to its creation. We hope that you, like
fellow Counselor Wayne Grinnell, find it valuable and insightful.
One of the benefits of serving as REI's editor in chief is
reading all of the features, insider perspectives and resource reviews
that come across my desk. It makes me proud to be associated with such a
unique group of individuals who have so much to offer their fellow CREs
and their industry. It also stokes my appetite to read more. My goal and
mission, which are shared by the REI Board, are to persuade more of my
fellow CREs to put their expertise, perspectives and thoughts on the
pages of REI. REI is our forum. REI is our journal. I hope to see your
thoughts and perspectives land on my desk in the very near future.
BY MAURA M. COCHRAN, CRE
COPYRIGHT 2007 The Counselors of Real
Estate Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.
Copyright 2007, Gale Group. All rights
reserved. Gale Group is a Thomson Corporation Company.
NOTE: All illustrations and photos have been removed from this article.