Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:45 am

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

Afternoon Session:           12:45 – 4:30 pm

Locating Land Boundaries on Paper (And on the Ground)          M. Wanchick

   Original Ohio land subdivisions

      • Subdivisions, reservations, and grants

      • United States Military District

      • Virginia Military District

      • Congress Lands

   Interpreting the boundary legal description

      • Determining the intent

      • Points of commencement and points of beginning

      • Courses and calls

      • Closures

   Retracting the record deed lines

      • Creating record deed plots

      • Deed mosaics

   Basic principles of boundary retracement

      • Examination of evidence

      • Finding the lines

      • Marking the lines in the field

   Using geographic information system (GIS) parcel information

   Knowing what GIS “is not”

Understanding Utility Easements and Rights of Way          J. Young

   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

   Condemnation law

   Assignments

   Prescription/adverse possession

   Undefined width/blanket easements

   Access

   Maintenance/vegetation management

   Encroachments and interferences

   Abandonment

Defining Trespass and Adverse Possession          N. Cavalaris

   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

Understanding Riparian and Water Rights          B. Barger

   History and development of riparian rights

   Determining land boundaries near the water line

   Determining access rights to surface waters

   Determining rights to groundwater

   Complying with regulations restricting access to and use of surface water and groundwater

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

   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?

   Resolving disputes

Credits

Attorneys
     6.5 Ohio CLE Hours

Ohio Title Insurance Producers
     6.5 Title CE Hours

Ohio Professional 
Surveyors & Engineers
     6.5 PDHs

Landmen
     6.5 AAPL CE Hours

Continuing Education Credit Information

This seminar is open to the public. It has been approved by the Ohio Supreme Court Commission on CLE for 6.5 CLE hours.

The Ohio Department of Insurance has approved this course for 6.5 continuing education hours for Ohio title insurance producers.

This course offers 6.5 PDHs to Ohio professional surveyors and professional engineers to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Ohio.

The American Association of Professional Landmen has approved this event for 6.5 RL, RPL or CPL recertification credits and no CPL/ESA of 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

Brian Barger

Eastman & Smith LTD
Mr. Barger’s practice focuses on environmental, land use, natural resources, regulatory, and zoning law. He has experience representing clients both in court and before administrative agencies such as the Ohio EPA and the Ohio Department of Natural Resources. Prior work experience includes employment by companies in the mining and gas industries. Mr. Barger is a member of the National Stone Sand & Gravel Association’s Council of Counsels, the Ohio Aggregates and Industrial Minerals Association, the Ohio Farm Bureau’s Healthy Water Ohio work group, the Ohio Forestry Association, the Ohio Water Resources Advisory Group and the American, Ohio State and Columbus Bar Associations.

Nick Cavalaris

 

Nick Cavalaris Partner, Kohrman Jackson & Krantz LLP
Mr. Cavalaris is an attorney in KJK’s Real Estate practice group. His background emphasizes his work in zoning and land use, general litigation, municipal law and business law. Having obtained a wealth of knowledge and experience throughout his career, he assists his clients through the complexities of the land entitlement process and provides innovative solutions to enable clients to realize their goals in various types of transactions. Beginning his legal career serving as an Assistant City Attorney in Columbus, Ohio, Mr. Cavalaris later entered the private practice of law where he has served as a partner in top tier Columbus law firms. As Corporate Counsel, he has served as General Counsel for a multi-state engineering, architectural and planning firm as well as an industry leading marketing and media firm. Recently, he served as Senior Vice President for a multi-state capital company managing a subsidiary and implementing a nationwide strategy to acquire and develop locations. Since 2015, Mr. Cavalris has served as an adjunct instructor at The Ohio State University teaching business law. Additionally, he has presented a number of government training seminars on behalf of the Ohio Auditor of State and the Ohio Municipal League. Mr. Cavalaris is a member of the Columbus and Ohio State Bar Associations and was elected to two terms as a member of the German Village Society Board of Trustees where he served as Treasurer. Nick received his Juris Doctorate from Loyola University of Chicago School of Law and his Bachelor of Arts from Miami University. 

Daniel Gerken

Brickler & Eckler, LLPMr. Gerken is a member of Bricker & Eckler’s Litigation Group, as well as the firm’s Shale Task Force and Southeast Ohio Team. He practices oil and gas litigation and business and commercial litigation. In 2016, Mr. Gerken was named an Ohio Super Lawyers Rising Star in the areas of Energy & Natural Resources and Business Litigation. He litigates disputes involving pipeline infrastructure, oil and gas leases, mineral rights ownership, and other issues related to shale development. Mr. Gerken regularly speaks to attorneys, title abstractors and law students about shale litigation issues. He also represents insurers, utilities providers and other businesses in commercial, contract and environmental disputes in federal and Ohio courts. 

Michael Wanchick Ps

Surveying And Mapping, LLC in ColumbusMr. Wanchick is an Ohio registered professional surveyor and a Pennsylvania professional land surveyor with over 25 years of experience. He is a seasoned project manager with over 10 years of experience managing large scale survey projects including highways, pipelines and commercial real estate. Mr. Wanchick is an expert in retracement of boundary lines, centerlines and rights of way. He is currently a senior project manager with Surveying And Mapping LLC in Columbus, Ohio, managing transportation projects, gas transmission projects and electrical transmission projects.

Jeremy S. Young

Shareholder in the law firm of Roetzel & Andress, in Columbus
Mr. Young’s statewide practice is based out of the Columbus office. A member of the firm’s Business Litigation Group, Mr. Young has a broad litigation background, with expertise litigating all manner of business, contract, commercial, corporate, shareholder, securities, and trust/fiduciary issues and disputes. He focuses his practice primarily on real estate-related issues and disputes, particularly those involving easements and eminent domain. Mr. Young helps utility and energy companies looking to expand their infrastructure obtain the necessary property rights with a minimum of expense and delay. He also defends such property rights in disputes with property owners. Additionally, Mr. Young defends businesses affected by road construction projects on a regional and national basis, seeking to prevent the taking of his clients’ property and/or to maximize his clients’ monetary recovery from the government. He also has considerable expertise in the areas of zoning and land use, property tax appeals, and commercial foreclosures. Mr. Young regularly serves as faculty in continuing legal education seminars on eminent domain and easement issues and is consistently voted by his peers as an “Ohio Super Lawyers-Rising Star.” He also holds an AV® Preeminent™ rating from Martindale-Hubbell Law Directory, which is the publication’s highest peer review rating for legal ability and ethical conduct.