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

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         D. Kearney

   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:          D. Couch
Surface and Ground, Appropriation and Riparian

   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
     7.0 General 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 Bar Association MCLE Commission has approved this activity for 8.0 CLE hours (no ethics) 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 7.0 general continuing education hours for agents/producers.

This seminar is designed to qualify for 6.5 PDHs for Oklahoma land surveyors and 6.5 PDHs for Oklahoma engineers, to whom the subject matter is professionally relevant.

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

Attorney 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 C. Greenhaw

Partner 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.

David L. Kearney

Mr. Kearney received a B.B.A. – Finance degree from the University of Oklahoma in 1982 and a J.D. degree from the University of Oklahoma College of Law in 1985. He was with the Oklahoma City law firm of Fellers, Snider, Blankenship, Bailey & Tippens until 1995 when he joined GableGotwals. He joined Hall Estill in October 2014. Mr. Kearney focuses his practice on litigation in a variety of areas including oil and gas, environmental law, products liability, insurance and general litigation issues. He has tried numerous cases involving oil and gas disputes in which he has represented mineral owners, royalty owners, surface owners, and major oil and gas companies.

Steven K. Lemke PLS. PE.

Executive Director, Lemke Land Surveying (a division of Parkhill, Smith, & Cooper, Inc.)
Mr. Lemke has 40 years of experience in land surveying and civil engineering. For 28 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 J. Proszek

Shareholder 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.