Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:30 am

Lunch (On your own):       11:30 am – 12:30 pm

Afternoon Session:           12:30 – 4:30 pm

Locating Land Boundaries on Paper (and on the Ground)
N. Dang

   Interpreting land descriptions:
      • Aliquot parts of sections
      • Subdivision, lot and block
      • Elements of the modern metes and bounds description:
          PreambleCommencement and point of beginning
          Bearings and distances
          The calls for boundary limits
          Pieces and parts descriptions
          Exceptions and exclusions
   Locating a land description on the ground
      • Boundary surveys
          Definition
          Timeline
          Determination of boundary lines
          Final product and report
   Potential deed and description conflicts
      • Point of beginning
      • Ambiguity
      • Errors and omissions
      • Mathematical mis-closure
   Potential boundary conflicts and solutions
      • Improvements and encroachments
      • Boundary line adjustments and agreements

Identifying, Classifying and Locating Easements
T.H. Clark

   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

Accommodating the Rights of Mineral Owners and Surface Owners
W.K. Williams

   Legal rights of mineral and surface owners
   Legal and practical exercise of access rights
   Where do one party’s rights end and the other’s begin?
   Rights of adjacent property owners
   Resolving disputes

Defining Trespass and Adverse Possession
W. Johnson

   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
N. Semanko

   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

Idaho Attorneys
     CLE Approval Pending

Professional Land Surveyors &
Professional Engineers
     6.5 PDHs

Continuing Education Credit Information

This seminar is open to the public. HalfMoon Education has applied to the Idaho State Bar for CLE approval, which is pending.

This program offers up to 6.5 PDHs to Idaho professional land surveyors and professional engineers to whom the subject matter is professionally relevant.

Attendance will be monitored and reported for Idaho attorneys. 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

T. Clark

Spink Butler

Spink Butler, BoiseMr. Clark has significant experience guiding clients through varied land-use approvals, from small subdivisions to large planned-unit developments and conditional use permits for various commercial operators. Mr. Clark’s real estate practice includes drafting and negotiation of purchase and sale agreements, residential and commercial leases, easements, restrictive covenants, and homeowners’ association documents. Mr. Clark also has an active litigation practice, supporting clients in a variety of litigation settings, including petitions for judicial review, administrative hearings, and matters before all Idaho courts. Mr. Clark is a graduate of Duke University and Washington University School of Law.

Nathan Dang

Accurate Surveying & Mapping

Accurate Surveying & Mapping, BoiseMr. Dang is a professional land surveyor licensed in Idaho and California. He started land surveying two decades ago in Fairplay, Colorado, where surveying at 10,000 feet+ elevations and working on diverse projects such as rural lot surveys, ski area boundaries and 150-year-old mineral claims were just the sort of challenges that inspired him to pursue a lifelong career in land surveying. After moving to California in the late 1990’s, Mr. Dang worked in a mix of urban and rural environments, becoming an expert at topographic mapping, construction staking, boundary law and the art of cartography. He became licensed in Idaho in 2004.Mr. Dang is committed to producing the highest quality of work, with particular emphasis on the continued education of his staff and the public in the art and science of land surveying. He is a past president of the Idaho Society of Professional Land Surveyors and was awarded the honor of Surveyor of the Year in 2015. He is a past Idaho Governor of the Western Federation of Professional Land Surveyors. Mr. Dang is active in the Boise Metro Chamber of Commerce and the land surveying member of Boise Valley Economic Partnership. His company, Accurate Surveying & Mapping, celebrated their 10th anniversary in 2015. Mr. Dang has been presenting on land surveying topics since 2012.

Norman Semanko

Moffatt Thomas

Moffatt Thomas, BoiseMr. Semanko leads Moffatt Thomas’s Water Law and Natural Resources practice groups. His extensive experience in water resources issues and his working relationships with members of local, state, and federal government and regulatory agencies bolsters Moffatt Thomas’s expertise in agricultural law, water rights, environmental law, land use, mining, and public lands. Mr. Semanko was the executive director and general counsel for the Idaho Water Users Association, Inc., overseeing the day-to-day operations of the association; monitoring current water issues; analyzing federal and state legislation and regulations; advocating in the Idaho State Legislature before Congress, and federal, state, and local agencies; organizing educational seminars and workshops, supervising staff and interns; and providing general legal advice and services to the association, including participation in litigation and other legal matters. He has also represented individual clients on water law matters before the Idaho Department of Water Resources, Snake River Basin Adjudication Court, and the Idaho Supreme Court. Mr. Semanko has been an adjunct professor at Boise State University, where he taught Natural Resource Law and Environmental Health Law. He was also an instructor at the College of Southern Idaho in Twin Falls, where he taught Legal Issues in Water Management.

W. Kirk Williams

Retired from both the practice of law and consulting services

Mr. Williams remains available for expert-witness testimony on mining rights disputes. For the previous nine years, Mr. Williams provided resource-extraction consulting services through his company Mineral Title Services LLC, an Idaho limited liability company (MTS). Prior to launching MTS, Mr. Williams was Corporate Counsel-Holdings Manager for ISR Capital LLC in Boise, Idaho, an investment fund company designed to invest in mining properties. Immediately prior to ISR Capital he was a partner in the law firm of Baird Hanson Williams L.L.P., a boutique law firm specializing in the law related to the natural resource extraction business. Mr. Williams’ 40+ years’ experience spanned the roles of landman, land manager, corporate counsel and law firm partner, domestically and internationally, dealing with resource extraction land tenure issues. Recognitions: 2016 & 2017 named “Super Lawyer” Mountain States area by Thomson Reuters for Natural Resources law (top 5% by peer review); The Who’s Who Directories Top Attorneys of North America for the category “Mining.” 2005 & 2006 editions of The International Who’s Who of Business Lawyers under categories of “USA” and “Mining” (www.whoswholegal.com)