California Easements, Rights-of-Way, and Eminent Domain
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Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
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**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
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Click the link which appears at the end of the video to be taken to the course quiz.
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**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
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Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
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 – 3:00 pm
Identifying, Classifying and Locating Easements
S. Offord
What is and is not an easement
Reviewing state law on easements
Creating easements: judicially created vs. express easements
Identifying critical distinctions between easements
Maintaining easements
How easements may be terminated
Obstructing use of easements and determining remedies for obstruction
Understanding Utility Easements and Rights of Way
J. Widman
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
Eminent Domain Overview
A. Turner
Power of eminent domain
Requirements to acquire private property by eminent domain
Typical eminent domain proceeding– determination of “just compensation”
What happens after the action is commenced and defendants served?
Typical litigation
Take Issues
• Full take
• Part take
Loss of goodwill
Defining Trespass and Adverse Possession
R. Wintle
Defining trespass
Reviewing the history of adverse possession in California
Maintaining a claim for adverse possession
Statute of limitations
Elements of a claim
Defending against a claim for adverse possession
Credits
California Attorneys
5.0 CLE Hours
Professional Engineers and
Land Surveyors
Non-Credit Continuing Ed.
Landmen
5.0 AAPL CEUs
Architects
5.0 AIA LU|HSW
Continuing Education Credit Information
This seminar is open to the public. The State Bar of California has approved HalfMoon Education as an MCLE sponsor, and this program offers 5.0 CLE hours to attorneys and paralegals.
This program offers a non-credit continuing education opportunity to California engineers and land surveyors. Continuing education is not required for license maintenance in California. Those seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state continuing education rules to determine eligibility.
The American Association of Professional Landmen has accredited this seminar for 5.0 RL, RPL, or CPL recertification credits, which includes no CPL/ESA or ethics credits.
This course offers a non-credit continuing education opportunity to California architects. The American Institute of Architects Continuing Education System has approved it for 5.0 LU|HSW (Sponsor No. J885).
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
Simon Offord
Partner at Brewer Offord & Pederson, LLPMr. Offord graduated from the University of California at Santa Barbara in 2005. Thereafter, he remained in Santa Barbara to work at a general litigation firm before attending law school at Santa Clara University and earning his Juris Doctorate in 2009. As a student at Santa Clara, he was named top of his class (receiving the CALI or the Witkin Award) in four of his courses, in addition to graduating on the Dean’s List. Mr. Offord joined the firm in 2009 after clerking for a law practice that primarily focused on real estate litigation and transactions. His experience includes law and motion practice and all stages of civil trials, including serving as lead counsel in both bench and jury trials. He has participated in State and Federal trials. Mr. Offord is active in the Santa Clara County Bar Association and was the co-chair of Executive Committee of the Barrister’s Association in 2012. He is heavily involved in the local real estate community, with an active role in the Silicon Valley Association of Realtors® (SILVAR). He is currently serving as a Member of the Board of Directors for SILVAR, and served as chair of the Affiliate Group for Menlo Park and Atherton for 2012 and 2013. He has also obtained his Real Estate Broker’s License from the California Bureau of Real Estate. He is regularly asked to be a speaker for local real estate organizations and brokerages, including SILVAR, Santa Clara County Association of Realtors®, and San Mateo County Association of Realtors®. He has also guest lectured at Menlo College for the Real Estate Law and Introduction to Law courses. In addition, Mr. Offord has been a speaker for both the Santa Clara County and San Mateo County Bar Associations. At Brewer Offord & Pedersen LLP, Mr. Offord works on matters representing real estate professionals and homeowners involved in neighbor and property disputes, as well as on commercial leasing matters and homeowner association issues.
Andrew Turner
Turner LawAttorney at Turner Law
Mr. Turner’s primary area of practice is in the field of eminent domain and inverse condemnation litigation. He has litigated eminent domain matters throughout Northern California. His practice consists primarily of defending landowners and business owners against various governmental agencies in eminent domain actions. He is a frequent speaker at eminent domain conferences and meetings.
Jeffrey Widman
Law Offices of Jeffrey P. WidmanFounder of the Law Offices of Jeffrey P. Widman
Mr. Widman, the founding attorney of the Law Offices of Jeffrey P. Widman, received his law degree from Harvard Law School – having previously gained a Ph.D. degree from Yale and an A.B. degree from Harvard. He is AV® Rated Preeminent by Martindale-Hubbell®, an attorney ranking website that is recognized nationwide. From complex real estate issues to business law disputes, clients trust his firm to represent them with tenacity and sophistication. Mr. Widman’s dedication to providing exceptional and attentive service to his clients is just one of the many attributes of excellence which distinguishes the Law Offices of Jeffrey P. Widman and which has clients returning to the firm for their commercial real estate, personal real estate, litigation and business law needs. Mr. Widman upholds the highest standards of professional and personal ethics, and he is highly respected by former clients and other attorneys. He has extensive experience bringing cases to trial.
Roger Wintle
Heritage Law Group, PCPartner at the Heritage Law Group, PC
Mr. Wintle is a founding shareholder of the Heritage Law Group, P.C., and he has over 35 years of experience. He received his undergraduate education from San Jose State University and advanced degrees from the University of North Dakota and the University of Bridgeport. He received his law degree from the University of San Diego School of Law in 1982. Mr. Wintle began his legal career in Dallas, Texas, in 1982, where he was an associate and later a partner with Shank, Irwin & Conant. He moved to California in 1989 where he joined the San Jose law firm of Ferrari, Alvarez, Olsen & Ottoboni, first as an associate and later as a partner. In 1995, Mr. Wintle and Terence Kane formed the law firm of Wintle & Kane, LLP and that firm subsequently merged with the Heritage Law Group, P.C., in 2003. As a partner in the Heritage Law Group, Mr. Wintle expanded his practice to include business formation, general counsel services, intellectual property litigation, and general litigation. Mr. Wintle has practiced in numerous areas of the law including, real estate, intellectual property, business formation and general counsel services, construction, environmental laws, commercial and residential lease drafting and review, and litigation with regard to most of these areas. He is an expert negotiator who uses his cordial nature and easy-going attitude to work closely with opposing counsel to find resolution to his client’s legal problems. He is a successful trial attorney but nevertheless works hard to settle his cases before trial. As a former teacher, Mr. Wintle educates his clients so that they can be realistic with their expectations and have a clear understanding of the litigation process and its costs, both financial and emotional. He is well respected and admired among clients and opposing counsel.