Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 – 11:45 am

Lunch (On your own):         11:45 am – 12:45 pm

Afternoon Session:             12:45 – 4:00 pm

Identifying, Classifying and Locating Easements
J. Connors

   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

Understanding Montana Water Access and Boundary Rights
B. Johnson

   Distinguishing between “navigable” and “non-navigable” waters
   Determining boundaries and public access rights for land adjacent to navigable waters
   Determining boundaries and public access rights for land adjacent to non-navigable waters
   Complying with regulations for use and development of surfacewater and groundwater
   Determining when a water rights due diligence assessment is advisable

Defining Trespass and Adverse Possession
B. Johnson

   Defining trespass
   Remedies for trespass
      Exceptions to trespass
   Making a claim for adverse possession
      Statute of limitations
      Elements of a claim
   Defending against a claim for adverse possession
   Key adverse possession cases

Understanding Utility Easements and Rights of Way
B. Johnson

   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

Accommodating the Rights of Mineral Owners and Surface Owners
D. Lee

   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

Credits

Montana Attorneys & Paralegals
    6.0 CLE Hours

Montana Insurance Producers
     6.0 Title CE Hours

Montana Professional Engineers
     6.0 PDHs
     6.0 MSE Recommended PDHs

Montana Land Surveyors
     6.0 PDHs 

Continuing Education Credit Information

This seminar is open to the public and offers continuing education credit to Montana attorneys, paralegals, title insurance producers, professional engineers and land surveyors.

The State Bar of Montana for CLE has approved this course for 6.0 CLE hours for attorneys. Attorney CLE approval extends to members of the Paralegal Section of the State Bar of Montana.

The Montana Insurance Continuing Education Program has approved this event for 6.0 general Title continuing education hours for insurance producers.

The Montana Society of Engineers has recommended the approval of 6.0 PDHs for this seminar. It offers Montana land surveyors 6.0 PDHs.

Attendance will be monitored and reported, as required by the course approval entities. 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

Jack Connors

Shareholder, Doney Crowley P.C.
Mr. Connors is a shareholder with Doney Crowley P.C. His practice areas include environmental litigation, regulations, permitting, construction law, natural resource development, real property and easement litigation, administrative law and appeals from agency actions, water law and Water Court litigation. Mr. Connors is a member of the Montana Bar Association. He brings a unique perspective to the practice of law. After obtaining a degree in Mathematics from Montana State University, he founded and operated Connors Construction, LLC, which specialized in building multi-million dollar custom residences in Big Sky, Montana. He always had an interest in the complex nature of the law and chose to couple his ten years of small business, real estate, and natural resources expertise with a Juris Doctorate degree. In 2013, Mr. Connors graduated with honors from the University of Montana School of Law. Since then he has focused on construction litigation, real property disputes, environmental litigation, business disputes, and water law.

Breeann Johnson

Western Roots Law, PLLC

Western Roots Law, PLLC, BelgradeMs. Johnson’s areas of practice include water, private property, oil and gas, agricultural, and tribal law, as well as small business and simple estate planning. As a fourth-generation Montanan who grew up on the family farm in Valier, Ms. Johnson has personal, as well as professional, experience with the legal issues facing Montana farmers, ranchers, and property owners. She graduated from the University of Montana School of Law where she served as co-president of the Rural Advocacy League, an organization that promotes attorney practice in rural areas and in agricultural law. Ms. Johnson is admitted to practice in Montana.

Don Lee

Lee Law Office, P.C.

Lee Law Office, P.C., ShelbyMr. Lee is an AV-rated attorney and shareholder of Lee Law Office PC. He has practiced in Shelby since 1973 as a general practitioner but with a special emphasis in the area of oil and gas law, including title examinations and regulatory matters. He is experienced in representing clients in administrative matters before regulatory agencies, including hearings before the Montana Board of Oil and Gas Conservation. Mr. Lee received his Juris Doctorate degree from the University of Montana School of Law in 1973.