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 – 4:30 pm

Locating Land Boundaries          H. Distlehorst

   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

Avoiding, Identifying and Resolving Ethical Issues          W. Moran III

   Conflicts of interest: What duties do you owe and to whom do you owe them?

   Confidentiality issues

   Complying with your professional responsibility to be honest and truthful

   Practicing only in areas of competence

   Ethical solicitation of business

   Taking referrals from other professionals

Defining Trespass and Adverse Possession          P. Smith

   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

Easements and Other Forms of Restrictions          B. Segatto III

   Licenses

   Easements in gross vs. easements appurtenant

   Types of easements

   Water rights

   Other types of restrictions

   Drafting of easements

   Maintenance and use of easements

      • Use of an easement

      • Maintenance and repair of an easement

   • Obstruction on an easement

   Knowing when and how to terminate easements

   Enforcement of easements

Understanding Utility Easements and Rights of Way          E. McNamara Jr.

   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

Panel Question and Answer Session          Faculty Panel

Credits

Illinois Attorneys
     6.5 CLE Hours,
     Including 1.0 Professionalism Hour

Professional Engineers
& Land Surveyors
     6.5 PDHs

Landmen
     6.5 AAPL CE Hours

Continuing Education Credit Information

This seminar is open to the public and is approved by the Illinois MCLE Board for 6.5 CLE hours, including 1.0 professionalism hour, for attorneys.

This course offers 6.5 PDHs to Illinois professional engineers and land surveyors. Educators and courses are not subject to preapproval in Illinois.

The American Association of Professional Landmen has approved this program for 5.5 RL, RPL or CPL recertification credits and1.0 ethics credit and no CPL/ESA 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

Hans B. Distlehorst

Mr. Distlehorst is owner and operator of the firm, which provides all aspects of land surveying and land use consulting services including: ALTA surveys, all types of land boundary surveys, elevation certificates, private land estate divisions and oil and gas well locations and permits. Mr. Distlehorst served as chapter president of the Illinois Professional Land Surveyors Association in 2012. He graduated in 1992 from Southern Illinois University with a bachelor’s degree in Advanced Technical Studies, emphasis in Land Surveying. In 1990, he received an associates degree in Architectural Technology degree, also from Southern Illinois University.

Edward D. Mcnamara Jr.

McNamara & Evans
Mr. McNamara is an attorney who practices in transportation, public utilities, and civil litigation. He was born in Springfield and was admitted to the Illinois bar in 1968, U.S. District Court for the Eastern District of Illinois in 1969, and U.S. Supreme Court and U.S. District Court for the Southern District of Illinois in 1972. He graduated from St. Louis University in 1965 and received his J.D. degree from the University of Illinois College of Law in 1968. Mr. McNamara is a member of the Illinois State Bar Association, the Sangamon County Bar Association, and the Illinois State Bar Association, where he is chair of the Public Utilities & Transportation Law Section Council. He is also a member of the Chicago Bar Association’s Joint Committee on Illinois Commerce Commission Rules of Practice. He is a member of the Vermilion County and the Sangamon County bar associations, the Illinois State Bar’s Section on Public Utilities and Transportation Law, and the Transportation Lawyers Association.

William L. Moran

Recognized in multiple practice areas, Mr. Moran has distinguished himself as an accomplished litigator. He regularly represents consumers and commercial organizations, including industrial product manufacturers, retailers, and insurers. In addition to his Minnesota trial work he has built a strong national reputation for defending clients involving playground equipment, disposable lighters, farm machinery and drill presses as well as class action lawsuits brought against insurance companies. He is admitted to practice in state and federal courts in Minnesota and Nebraska, the US Court of Appeals for the 7th and 8th Circuits, and the United States Supreme Court. Mr. Moran is a frequent lecturer and author for continuing education programs and seminars throughout the state. He is a former associate editor and contributing author for Minnesota Defense (the publication of the Minnesota Defense Lawyers Association). Mr. Moran earned his J.D. degree, cum laude, from the William Mitchell College of Law.

Bernard G. Segatto

Mr. Segatto joined the firm in 1985 and became a partner in 1990. He graduated from the University of Notre Dame with a B.A. degree and from Southern Illinois University School of Law. He is admitted to practice in Illinois and Missouri, and in the Central and Southern Districts of Illinois and the Seventh Circuit Court of Appeals. He concentrates his practice in estate planning, real estate, agricultural law, business organization disputes and related matters, bankruptcy rights, creditor’s rights, family law and related civil litigation matters. Mr. Segatto is a member of the American Bar Association, the Illinois State Bar Association, and the Sangamon County Bar Association, and he is a past president of the Sangamon Valley Estate Planning Council.

Patrick James Smith

Mr. Smith started with the firm in 1976 and concentrates his practice in the areas of commercial litigation, real estate, business organizations, workers compensation, domestic relations, estate planning, and probate. He received a B.S. degree in Mathematics from Lewis University and a J.D. degree from IIT-Chicago, Kent College of Law. Mr. Smith was admitted to practice in the U.S. District Courts for the Northern District of Illinois and the Central District of Illinois, U.S. Supreme Court, and Seventh Circuit Court of Appeals. Before coming to Springfield, he was employed by AMOCO Oil Company, formerly Standard Oil Company of Indiana.