Kentucky Easements, Rights-of-Way, and Eminent Domain
DISCLAIMER
Before purchasing, review the rules of your licensing or certifying entity. It is your responsibility to confirm this course meets your CE requirements. See the credit tab on the course page for details.
What’s Included: Full webinar recording, written course materials, expert instruction, a mandatory quiz, and a certificate upon completion.
Deliverability Timeline: All courses are generally available within 1-2 weeks after the live presentation.
CE Credits: AIA and/or LA/CES accreditation is available by request for courses recorded prior to March 11, 2026. All courses after that date include those accreditations by default, if applicable. With these accreditations, our courses qualify for credit in nearly all states for engineers, surveyors, architects, and landscape architects.
Learn more about the on-demand format in our FAQ or contact us at (715) 835-5900 or customerservice@halfmoonseminars.org
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Wednesday, December 7, 2022
8:30 am – 4:00 pm CST (including a 60-min. break)
Agenda
Understanding Utility Easements and Rights of Way
Current law on utility rights of way
• Federal laws and regulations
• State laws and regulations
Types of utilities affected
• Electric, water, natural gas, telecommunications, satellite communications
Basis for and definition of the easement
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
Trespass, Adverse Possession and Other Unauthorized Access to Land
Elements of civil trespass to land
Reviewing the history of adverse possession
Maintaining a claim for adverse possession
• Statute of limitations
• Elements of a claim
Defending against a claim for adverse possession
Examining recent adverse possession cases
Identifying, Classifying and Locating Easements
Creating easements: easements by necessity, easements by use, written easements
Identifying critical distinctions between easements in gross,
easements appurtenant and prescriptive easements
Maintaining easements
Knowing when and how to terminate easements
Eminent Domain Law
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Just compensation: valuing “taken” property
Privatization of eminent domain and other current issues
Participating in the Condemnation Process
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.
GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled
Internet connection: Minimum of 1Mbps Hardware: 2GB RAM or more
For more information, visit the Support section at www.gotowebinar.com
Credits
Professional Engineers:
7.0 PDHs (50-Minute Hours)
Land Surveyors:
7.0 PDHs (50-Minute Hours)
Attorneys:
6.0 CLE Hours
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 7.0 PDHs for professional engineers and land surveyors licensed in Kentucky. The Kentucky Board of Engineers and Land Surveyors does not pre-approve sponsors or courses.
The Kentucky Bar Association’s Continuing Legal Education Commission has approved this webinar for 6.0 CLE hours.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
Speakers
Alexander D. Blackwell
Attorney, Denton Law Firm
Alex has been practicing in Western Kentucky and Southern Illinois since his completion of law school in 2017. Alex received an undergraduate degree in Accounting and Finance from the University of Louisville. Alex then attended the University of Louisville’s Brandeis School of law where he received his law degree. Alex’s practice primarily focuses on civil litigation, corporate law, municipal law, representing the Commonwealth of Kentucky Department of Transportation in condemnation actions, and representing utility companies throughout the area in their various legal affairs.
Monica Braun
Attorney, Stoll Keenon Ogden
Monica is a Member in Stoll Keenon Ogden’s Lexington office and has been with the firm since 2009. She serves on the firm’s Board of Directors and Executive Committee and currently serves as Chair of the firm’s Personnel Committee. Monica is an experienced Member that untangles the regulatory process for her clients, both in administrative proceedings and in the courtroom. With over a decade of experience in advising utilities, Monica understands the business of providing gas, electric, and water service and how to navigate legal challenges and regulatory requirements. Monica also represents clients in other heavily regulated industries, including the equine industry. Outside of the office, Monica is a board member for the KY Market of the March of Dimes and volunteers her services to Kentucky Refugee Ministries.
J. Cole Helfrich
Principal Land Surveyor, Koru Group PLLC, in Wheaton, ILMr. Helfrich has been principal land surveyor with Craig R. Knoche & Associates, P.C. and its successor Koru Group PLLC in the Chicago area for the last 30 years. Mr. Helfrich first picked up a plumb bob in 1971 for Webster & Associates. From tape-and-transit to GPS, mortgage surveys to shopping centers, he has his seal on billions of dollars of commercial, residential and institutional developments and transactions in 23 counties in Illinois together with consulting and managing projects in 15 other states. Mr. Helfrich has enjoyed working with countless prominent developers, attorneys and other professionals in the field and the office. His specialties include real estate law, boundaries and boundary law, easements, rights-of-way and other encumbrances and servitudes, statutory and common-law plats, ALTA surveys, topography, building and site layout, construction- and project-management as well as land development consulting. He has presented classes and co-written manuals with the Illinois Institute For Continuing Legal Education along with classes at the University of Illinois and HalfMoon Education. Mr. Helfrich is a member of the National Society of Professional Surveyors and the Illinois Professional Land Surveyors Association.
Ann R. Myre
Attorney, Denton Law Firm
Paducah native, Ann Myre, graduated from Agnes Scott College, located in Atlanta, Georgia in 1982 with a B.A. in History. With a desire to practice law, she attended Chase College of Law, Northern Kentucky University, and graduated with a J.D. in 1985. After obtaining her law degree, Ann returned to Paducah, Kentucky to begin her legal profession practicing law. In her early years, she entered into private practice, representing plaintiffs in negligence cases.
In November 1987, Ann took a job with the Kentucky Transportation Cabinet as the Staff Attorney in District One, which is comprised of the twelve western-most counties in Kentucky.
As Staff Attorney, Ann represented the Cabinet in all aspects of condemnation cases for the twelve counties in the district. She was responsible for and managed all condemnation acquisitions in the District. In addition, Ann served as counsel for in-house right-of-way Cabinet staff, and assisted right-of-way consultants in District acquisition legal issues. Her duties at the Cabinet also included handling permits and other highway legal issues, such as quiet title actions and suits against the Commonwealth. After 29 years of successful practice, Ann retired from the Transportation Cabinet in October 2016.
In November 2016, Ann joined Denton Law Firm bringing with her a vast experience of knowledge in the area of land matters for clients of the firm. Her practice areas encompass residential and commercial real estate transactions, title examinations, as well as assisting in other litigation matters in the firm.
Shawn M. Spalding
Attorney and Associate in Stoll Keenon Ogden PLLC, Louisville OfficeMr. Spalding is a Member at Stoll Keenon Ogden, joining the firm in 2019 and working out of the Louisville, Ky., office. He is highly skilled in zoning matters, including changes to district development plans, variances, conditional use permits, waivers, and other administrative approvals. Additionally, Mr. Spalding has appeared on behalf of clients before zoning authorities in multiple counties in Kentucky on a variety of real estate classes, including retail, educational, and residential. As a member of the firm’s Real Estate, Corporate Finance & Lending, and Business Services practice groups, he is experienced in a range of complex real estate transactions. Prior to joining Stoll Keenon Ogden, Mr. Spalding worked in private practice at a large regional law firm, where he assisted institutional lending clients in commercial mortgage-backed securities (CMBS) loan originations and warehouse line financings throughout the United States with interests of more than $250 million. He also served as in-house counsel for a regional real estate development and management firm.