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 – 4:40 pm
Identifying, Classifying and Locating Easements
J. Proszek
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
Acquisition of easements by eminent domain
Acquisition of Easements Across Indian Lands
J. Proszek
Fee land owned by individual Indians
Tribal lands Allotted lands
Condemnation under 25 U.S.C.§357
Defining Trespass and Adverse Possession
J. Proszek
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
Locating Land Boundaries on Paper (And on the Ground)
S. Lemke
Interpreting land descriptions
• Metes and bounds • Lot and block
• Dos and don’ts for writing descriptions
Applying principles of boundary location
• Collecting and evaluating all types of boundary evidence:
documents, physical evidence, people, surveys
• Locating the described land on a map
• Locating the described land on the ground
• Understanding and using geographic information systems (GIS)
Solving land description and boundary location problems
Resolving Boundary Disputes
J. Greenhaw
Types of boundary disputes
• Adverse possession, easements, boundaries
Obtaining and reviewing boundary evidence
Methods for establishing disputed boundaries
Participating in dispute resolution techniques
• Litigation, arbitration, mediation, agreements, title insurance
Examining boundary dispute case studies: exploring techniques for resolving sample disputes
Oklahoma’s Dual and Separate System of Water Rights:
Surface and Ground, Appropriation and Riparian
D. Couch
History and development of the riparian and appropriation systems
Attempt to reconcile the systems and Franco result
Current implementation of the systems and access issues
History and development of groundwater rights
Groundwater access issues
Credits
Attorneys
8.0 Oklahoma CLE Hours
6.5 Texas CLE Hours
Oklahoma Title
Insurance Producers
8.0 General CE Credit Hours
Professional Engineers
& Land Surveyors
6.5 Oklahoma PDHs
Landmen
6.5 AAPL CE Hours
Continuing Education Credit Information
This seminar is open to the public. The Oklahoma MCLE Commission has approved it for 8.0 general CLE hours for attorneys. The State Bar of Texas has approved this seminar for 6.5 CLE hours for attorneys.
The Oklahoma Insurance Department has approved this program for 8.0 general continuing education hours for agents/producers.
This seminar offers 6.5 PDHs to Oklahoma land surveyors and 6.5 PDHs to Oklahoma engineers, to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Oklahoma.
The American Association of Professional Landmen has approved this event for 6.5 RL, RPL or CPL recertification credits and no CPL/ESA or ethics credits.
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
Dean Couch
GableGotwalsAttorney with GableGotwals in Oklahoma CityMr. Couch received his undergraduate degree from the University of Central Oklahoma in 1976 and his J.D. degree from the University of Oklahoma College of Law in 1982. He was staff attorney for the Oklahoma Water Resources Board from 1982 to 1985 and served as its general counsel from 1985 to January 2013, before retirement from the agency. During his time at the Oklahoma Water Resources Board, Mr. Couch served as the Oklahoma member of the legal committees of four interstate stream compacts. He also served as an alternate member for Oklahoma on the Western States Water Council and will continue to serve as the Oklahoma Reporter for the Water Law Newsletter of the Rocky Mountain Mineral Law Foundation.
Joshua Greenhaw
Mee Mee Hoge & EppersonPartner with Mee Mee Hoge & Epperson in Oklahoma CityMr. Greenhaw’s practice is focused on oil & gas and real estate litigation/arbitration, oil & gas and real estate title examination, commercial law/litigation, and real property development. He graduated from the University of Oklahoma in 1997 with a degree in Architecture and, from the University of Oklahoma School of Law with a JD degree in 2001.
Steven K. Lemke, PLS, PE
Executive Director (retired), Lemke Land Surveying (a division of Parkhill, Smith, & Cooper, Inc.)Mr. Lemke has 43 years of experience in land surveying and civil engineering. For 31 years he has overseen Lemke Land Surveying out of Norman, Oklahoma. In addition to being a professional land surveyor, Mr. Lemke is a professional engineer which gives him unique perspectives when understanding clients’ challenges and addressing project needs. He has had full project management and design responsibilities for municipal, commercial, industrial and residential site development projects and has been a service provider and consultant for a wide range of project types and market sectors.
James Proszek
Hall EstillShareholder with Hall Estill in TulsaMr. Proszek practices primarily in the corporate/commercial litigation and telecommunications law areas. He also has extensive experience in the following: landlord/tenant law; condemnation/eminent domain; right-of-way acquisition and disputes; mortgage foreclosure; representation of tribal housing authorities; litigation involving Indian law issues; and appellate advocacy. Mr. Proszek is an AV-rated attorney through Martindale-Hubbell and was selected as a Best Lawyer in America in communications law. In addition, he is a recipient of the 2010 Oklahoma Bar Association Pro Bono Award. Mr. Proszek is a frequent speaker on telecommunications law and right-of-way issues.