California Easements, Rights-of-Way, and Eminent Domain
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Identifying, Classifying and Locating Easements
G. Hansen
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
Creating and Managing Highway Rights-of-Way
G. Hansen, B. Manning
Identifying potential rights-of-way
Rights included in right-of-way
Landowner rights
Maintenance of rights-of-way
Alterations and encroachments
Understanding Utility Easements and Rights of Way
G. Hansen, B. Manning
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
Nature and scope of the easement
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
The Eminent Domain Law
B. Manning
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Condemnation process and procedure
• Precondemnation offer and negotiation
• Resolution of necessity
• Complaint
• Right to take challenges
• Prejudgment possession
• Pre-exchange discovery
• Exchange of expert information
• Expert discovery
• Settlement discussions
• Final offer and demand
• Pretrial issues
• Trial
• Appeal
Condemnation process for utility and other quasi-public use – How does it differ?
Current issues in eminent domain
Just Compensation – What Does It Really Mean?
B. Manning
Just compensation: valuing the property taken and severance damages
• Just compensation defined
• Fair market value
• Severance damages
• Project benefits
Credits
California Attorneys
6.5 CLE Hours
California Engineers and
Land Surveyors
Non-Credit Continuing Ed.
Title Insurance Producers
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public and offers 6.5 CLE hours to California attorneys. HalfMoon Education is an approved CLE provider in California (Provider No. 8370).
This course offers non-credit continuing education opportunity to California professional engineers and land surveyors. It may qualify for mandated continuing education credit in other states. Refer to specific state rules to determine eligibility.
This event also offers a non-credit continuing education opportunity to California title insurance producers.
Attendance will be monitored and reported, as required. 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
Glen Hansen
Senior Counsel at Abbott & Kindermann, LLP, in SacramentoMr. Hansen litigates disputes involving real estate law, land use, environmental matters, and commercial transactions. He frequently litigates, writes about, and teaches at conferences on easements and boundary disputes. Mr. Hansen graduated summa cum laude with a bachelor of arts degree in American Studies from Biola University in La Mirada, California. He earned his law degree from the University of the Pacific, McGeorge School of Law. Among his many interests and community involvements, Mr. Hansen serves as an officer with the Real Property Section of the Sacramento County Bar Association and as a Dispute Resolution Conference pro-tem judge for the El Dorado County Superior Court.
Brian Manning
Desmond, Nolan, Livaich, & CunninghamPartner, Desmond, Nolan, Livaich, & Cunningham
Mr. Manning is a partner practicing in eminent domain, inverse condemnation, real estate, and civil trial and litigation at Desmond, Nolan, Livaich, & Cunningham. DNLC is one of U.S. News & World Reports 2011-2018 best law firms in eminent domain. Mr. Manning has been named a rising star in eminent domain by Super Lawyers (2013-2018) and included in Who’s Who In America since 2012 (a national publication established in 1899). He is a member of the Condemnation Attorney’s Group. Mr. Manning has a client review rating of “preeminent” on Martindale Hubbell. He primarily represents property and business owners in eminent domain cases. Mr. Manning has represented clients in direct condemnation cases requiring total and partial takes in public projects involving gas pipelines, flood control, water conveyance, transportation, sewer projects, energy transmission, and other public works projects. He has successfully represented clients in fighting the government’s right to take the property, and he works on a daily basis to ensure DNLC’s clients achieve their constitutional right to just compensation. Mr. Manning has handled numerous Court of Appeal cases involving condemnation. In addition to condemnation, Mr. Manning represents individuals and businesses in general real estate matters, including land use and development, easements, purchase and sale agreements, leases, and environmental issues.