Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 am – 12:15 pm

Lunch (On your own):       12:15 – 1:15 pm

Afternoon Session:           1:15 – 4:00 pm

Boundary Law                                                                          K. Dunlevy

   Understanding basic principles of boundary law
      • Determining the intent of the grantor
      • Follow the steps of the original surveyor
   Evaluating boundary evidence
      • Legal descriptions, natural monuments,
        artificial monuments, adjoining boundaries,
        surveys and maps, statements and testimony
   Resolving boundary disputes

Easements                                                                                K. Dunlevy

   Overview: purpose and use of easements
      • Transportation, facilities, activities
   Creation of easement rights
      • Contract, deeds, plat, estoppel, common law,
        statute, necessity, prescription
   Critical terms in easement drafting
      • Terminology, key provisions
   Termination of easements
      • MTA, replatting, merger, abandonment, forfeiture,
   Dedication, adverse possession

Minnesota’s Comprehensive Law on                                  J. Strommen
Right-of-Way Utility Use and Regulation

   Historical background
   1997 Minnesota legislation
      • Effect of Federal Telecommunications Act of 1996
      • What is a utility?
      • Effect on franchises
   1999 public utilities right-of-way management rules
   Distinctions among utilities
   Local government, state, and Federal regulation
   Lingering questions

Defining Trespass and Adverse Possession                           S. Lucas

   Defining trespass
   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

Understanding Riparian and Water Rights                           M. Noonan

   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

Credits

Attorneys
     6.0 Minnesota CLE Hours
     7.0 Wisconsin CLE Hours

Professional Engineers &
Land Surveyors
     6.0 PDHs

Continuing Education Credit Information

This seminar is open to the public. The Minnesota Board of CLE has approved this program for 6.0 CLE hours for attorneys. The Wisconsin Board of Bar Examiners has approved it for 7.0 CLE hours.

This course offers Minnesota engineers and land surveyors 6.0 PDHs. Educators and courses are not subject to preapproval in Minnesota. Engineers and land surveyors seeking continuing education hours in other states will be able to claim the hours earned at this seminar. Refer to specific state rules to determine eligibility.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Kevin Dunlevy

Beisel & Dunlevy, PA

Partner with Beisel & Dunlevy, PA, in MinneapolisMr. Dunlevy is a real property law specialist certified by the Minnesota State Bar Association. He is licensed to practice in Minnesota, Wisconsin, and North Dakota in state and federal courts. Mr. Dunlevy is an ad hoc member of the Real Property Council of the Minnesota State Bar Association and co-chair of the Legislature Committee of the Real Property Section of the Minnesota State Bar Association. He is a member of the Title Insurance and Foreclosure and Related Remedies Committees of the ABA’s section of Real Property, Probate and Trust Law. Mr. Dunlevy has been designated as one of Minnesota’s top 100 real estate “Super Lawyers” by Super Lawyers magazine.

Scott Lucas

Olson, Lucas, Redford & Wahlberg, P.A.

Shareholder with Olson, Lucas, Redford & Wahlberg, P.A., in EdinaMr. Lucas is an attorney and shareholder at Olson, Lucas, Redford & Wahlberg, P.A., with a primary focus on real estate and business law. He represents clients in both transactions and litigation, including corporate and investment real estate acquisitions, Torrens proceedings, title litigation, breach of contract actions, commission salesperson disputes, formation of corporations and limited liability companies, easement issues, and mechanic’s lien matters.

Maury Noonan

Rinke Noonan

Attorney with Rinke Noonan, in St. CloudMr. Noonan concentrates his practice in natural resources, agriculture, and water law. He graduated from Grinnell College in Grinnell, Iowa, with a Bachelor of Arts degree in Political Science, and received his law degree from the University Of Kansas School Of Law, in Lawrence, Kansas, with a certificate in Environmental Law and Natural Resources. His professional activities have included membership in the Iowa Corn Growers Association – ILEAD Program, the Iowa State Bar Association – Environmental Committee, Young Lawyers, and Bridge the Gap Planning Committee. Prior to joining Rinke Noonan, Mr. Noonan worked as an associate attorney for a law firm in Iowa, where he maintained a general legal practice that included transactional and municipal legal work.

James M. Strommen

Shareholder with Kennedy & Graven, Chartered, in MinneapolisMr. Strommen practices in the areas of public utility and construction law, commercial litigation, and local government law. Since 1990, he has served as general counsel to the Suburban Rate Authority (SRA), a joint powers organization of twin cities metropolitan area suburbs totaling over 850,000 in population. The SRA intervenes in electric, gas, and telecommunications matters before the Minnesota Public Utilities Commission and actively reviews developments in right-of-way use, utility franchise, and other utility matters affecting cities and their residents. He received a B.A. degree, magna cum laude, from Augsburg College and his J.D. degree, cum laude, from the University of Minnesota Law School.