Texas 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.
Log into Webinar: 7:30 – 8:00 am CDT
Morning Session: 8:00 am – 12:30 pm CDT
Break: 12:30 – 1:30 pm CDT
Afternoon Session: 1:30 – 5:30 pm CDT
Identifying, Classifying and Locating Easements
J. Myers
What is and is not an easement
Reviewing state law on 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
Obstructing use of easements and determining remedies for obstruction
Eminent Domain Law
M. Barkley
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
K. Wright
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Understanding Utility Easements and Rights of Way
L. Gunter
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
Understanding Riparian and Water Rights
B. May
History and development of riparian rights
Determining land boundaries near the water line
Determining access rights to surface waters
Determining rights to groundwater
Complying with regulations restricting access to and use
of surface water and groundwater
Alterations and encroachments
Ethical Issues in Land Access and Development
J. Wilhelm
Land: a finite, depletable resource
Extent of private rights in land
Conflict with rights of the public
Ethical issues in agriculture, water use, mineral access and development
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
Attorneys
8.0 Texas CLE hours
(1.0 Ethics)
TBLS Pending
Paralegals
TBLS Approval Pending
Professional Engineers
8.0 PDHs (1.0 Ethics)
Land Surveyors
8.0 CE Hours
Landmen
AAPL Approval Pending
Legal Specialization
Attorneys: 8.0 Hours Administrative Law, Civil Appellate Law,
Civil Trial Law, Property Owner’s Association Law, and Real Estate Law
Paralegals: 8.0 Hours Real Estate Law
Continuing Education Credit Information
This webinar is open to the public. The State Bar of Texas has approved HalfMoon Education as a CLE provider for attorneys. This course offers 8.0 CLE hours, including one ethics hours.
HalfMoon Education has applied to the Texas Board of Legal Specialization for attorney and paralegal approval, which are pending.
This seminar offers 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval.
The Texas Board of Professional Engineers and Land Surveying has approved this webinar for 8.0 CE hours for land surveyors.
Halfmoon Education has applioed to the American Association of Professional Landmen for course approval, which is pending.
Attendance will be monitored and reported, as required. Completion certificates will be available to participants who complete this webinar and successfully complete the quiz (80% score) that follows the presentation. Multiple attempts will be allowed.
Speakers
Mary Hazelwood Barkley
Mary Hazelwood Barkley is a partner at Cantey Hanger LLP, where she has worked for the past 13 years and specializes in real estate litigation, including eminent domain. Ms. Barkley represents both condemning authorities and landowners in easement matters, regulatory takings, inverse condemnation, and statutory condemnation both at trial and on appeal.
Lora Gunter
Volkert, IncLora Gunter, J.D., SR/WA is the Texas director of right of way at Volkert, Inc. Prior to joining Volkert in the fall of 2019, she was the Right of way project delivery director for the Texas Department of Transportation (TxDOT), where she oversaw the department’s statewide right of way acquisition portfolio. She implemented the policies and procedures for right of way project delivery activities, including oversight of right of way acquisition manuals. Ms. Gunter oversaw the ROW Division legal group, which was responsible for compliance with and interpretation of federal and state laws, rules, and regulations (including the Uniform Act). Her legal career began in 2001 at the Texas Attorney General’s Office, where she represented TxDOT in eminent domain matters across the state. She has also worked as a right of way attorney for TxDOT and handled various matters involving property acquisition and real property disposition. Ms. Gunter has also worked in the legal private sector representing large public utility companies in condemnation proceedings and other real property matters.
Bryan May
Harris, Finley & Bogle, P.C.Bryan J. May is an oil and gas attorney at Harris, Finley & Bogle, P.C., with the unique industry expertise of a landman. He has performed all aspects of onshore land work for domestic exploration and production companies and holds the certified professional landman designation from the American Association of Professional Landmen. Mr. May’s clients benefit from his experience managing operated and non-operated oil and gas assets and his experience negotiating oil and gas leases, right of way agreements, water rights agreements, purchase and sale agreements, and production sharing agreements, and conducting acquisition and divestiture due diligence. Mr. May is a member of ADAM Energy Forum, the Fort Worth Association of Professional Landmen, the Energy and Real Estate Sections of the Tarrant County Bar Association, and the Energy Section of the Dallas Bar Association.
Jason Myers
Barnes & Thornburg LLPJason B. Myers is a partner in the Dallas office of Barnes & Thornburg LLP. He is a commercial attorney, author, and speaker skilled in the areas of real estate and finance. His client-driven approach stems from having spent approximately half of his nearly 25-year career as a client himself. His in-house legal and business roles, coupled with his wide-ranging transactional experience, enable Mr. Myers to team with his clients to offer a thoughtful, multi-perspective, problem-solving approach to meeting their business objectives.
Jack Wilhelm
Wilhelm Law FirmFounder at Wilhelm Law Firm
Mr. Wilhelm focuses his practice on oil and gas law and state taxation issues before the Texas Comptroller of Public Accounts. His oil and gas clients include Fortune 500 oil and gas companies, privately owned oil and gas independents, and sophisticated landowners. Most of the oil and gas practice focuses on real estate (title examination, due diligence, and negotiations) and assisting clients with matters before the General Land Office. In addition to his J.D. degree, Mr. Wilhelm holds a masters degree in Energy and Environmental Law from The Tulane University. He is licensed to practice in Texas, Louisiana, Arkansas, and Illinois, and by numerous federal courts, including the United States Supreme Court.
Kenneth Wright
Law Offices of Kenneth A. WrightKenneth A. Wright is the founder and principal attorney of the Law Offices of Kenneth A. Wright. He has over 38 years of experience protecting the rights of property owners against the exercise of eminent domain. Mr. Wright is board certified in civil trial law by the Texas Board of Legal Specialization and is one of the few board-certified attorneys in the state of Texas practicing eminent domain and condemnation law. He has been selected by Woodward/White, Inc. as one of Texas’ Best Lawyers in eminent domain and condemnation law every year from 2008-2020. Mr. Wright is a frequent speaker and lecturer to attorney groups on eminent domain and condemnation law and has contributed to numerous legal publications in the field. He has served as an expert witness, mediator, consultant, and special commissioner in condemnation matters. Mr. Wright served as the chair of the Eminent Domain section of the Center for American and International Law’s Annual Program on Planning, Zoning, and Eminent Domain from 1996-2010 and is a member of the Attorney-Mediators Institute.