Easements, Rights-of-Way, and Eminent Domain Seminar
DISCLAIMER
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.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**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
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
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: 7:30 – 8:00 am
Morning Session: 8:00 – 11:30 am
Lunch (On your own): 11:30 am – 12:30 pm
Afternoon Session: 12:30 – 4:30 pm
Identifying, Classifying and Locating Easements R. Streicher
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
Obstructing use of easements and determining remedies for obstruction
Trespass, Adverse Possession and Other Unauthorized Access to Land R. Johnson
Elements of civil trespass to land 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 Utility Easements and Rights of Way J. Rolling
Types of utility easements
• Electrical transmission, water, pipelines and natural gas, telecommunications
Creation and definition of the easement
• Structure of common utility easements
• Regulatory approval process
Eminent domain and condemnation law
• Just compensation
Current law on utility rights-of-way
• Federal and state laws and regulations
• Utility accommodation in existing rights-of-way
Utility easements over time
• Encroachments and interference
• Modification and expansion
• Maintenance
Current issues involving utility easements
Eminent Domain Law and Condemnation Practice N. Boerke
Understanding eminent domain powers
• Source of eminent domain powers • History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Just compensation: valuing “taken” property
Privatization of eminent domain and other current issues
Participating in the condemnation process
• Hearing and right of appeal
• Valuing the property taken
Condemnation process for utility and other quasi-public use
Avoiding, Identifying and Resolving Ethical Issues in Land Transactions and Disputes M. Hazelbaker
Conflicts of interest: identifying your client
What duties do you owe, and to whom do you owe them?
Do you need to maintain confidentiality, and for whom?
Complying with your professional responsibility for honesty and truthfulness
Practicing only in areas of competence
Ethical solicitation of business
Taking referrals from other professionals
Credits
Wisconsin Attorneys
8.0 CLE Hours (1.0 EPR)
Professional Engineers & Land Surveyors
8.0 PDHs, Including
1.0 Ethics Hour
Title Insurance Professionals
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public. It has been approved by the Wisconsin Board of Bar Examiners for 8.0 CLE hours, including 1.0 EPR hour for attorneys.
This course offers 8.0 professional development hours, including 1.0 professional conduct and ethics hour, to Wisconsin professional engineers and land surveyors. Educators and courses are not subject to pre-approval in Wisconsin.
Wisconsin engineers and land surveyors 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 rules to determine eligibility.
This seminar offers a continuing education opportunity to Wisconsin title insurance professionals. Continuing education is not mandatory in Wisconsin.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Nicholas Boerke
Michael Best & Friedrich LLPis senior counsel at Michael Best & Friedrich LLP. He focuses his practice on real estate, tax, and corporate law, including real and personal property tax assessments, property tax exemptions, and PILOT agreements; eminent domain matters involving challenges to a condemnor’s right to take property, just compensation appeals, and obtaining relocation benefits for displaced property owners and tenants; all aspects of the acquisition, sale, or lease of commercial, residential, and industrial properties; the preparation and negotiation of option agreements, easements, covenants, licenses, and other real estate documents; and zoning and permit approvals, tax incremental financing (TIF), and development agreements. Before joining Michael Best, Mr. Boerke was an associate with another full-service law firm and an attorney with Deloitte Tax LLP.
Mark B. Hazelbaker
Mark Hazelbaker is an attorney at Kasieta Legal Group. This coming January is his 40th anniversary in practice. His career includes service as in-house counsel to the Wisconsin Counties Association, and work as a county attorney, personnel director, and administrator. His 30 years of private practice experience include extensive litigation and business experience. He focuses on municipal and land use law, employment, and small business. Mr. Hazelbaker draws on a wide range of experience to be of assistance to clients in land use and real estate, municipal, business, government relations and general practice. He received his undergraduate and law degrees from UW-Madison. Mr. Hazelbaker has represented individuals, communities, and businesses in every part of Wisconsin. He frequently teaches other lawyers in continuing legal education courses.
Ralph Johnson
Carney Thorpe, LLCis an attorney at Carney Thorpe, LLC. He joined the firm in 2015 after nearly 30 years as staff attorney and then as managing attorney with the Janesville UAW-GM Legal Services Plan. Mr. Johnson has extensive experience in handling virtually all legal matters of individuals and small businesses. He focuses his practice on litigation involving real estate, including eminent domain, debtor-creditor matters where he will be serving as a Trustee in Chapter 128 debt amortizations, and consumer rights. Mr. Johnson also handles matters in probate court, estate planning, and family law.
Joseph Rolling
von Briesen & Roper, s.c.is an attorney in the Madison office of von Briesen & Roper, s.c. His practice is focused on eminent domain, property tax assessment, and land valuation litigation. Working for his father’s appraisal practice before attending law school has given him a unique perspective on the land acquisition process. Mr. Rolling has spoken on eminent domain and property issues at the request of the Appraisal Institute – Wisconsin Chapter, the American Public Works Association, the Transportation Research Board, the International Right of Way Association, and the State Bar of Wisconsin. He earned his B.S. degree in Economics and his J.D. degree from the University of Wisconsin-Madison. Mr. Rolling has been recognized as an “Up and Coming Lawyer” by the Wisconsin Law Journal and named as a finalist for the International Right of Way Association’s Young Professional of the Year Award.
Rodman Streicher
von Briesen & Roper, s.c.is an attorney in the Appleton office of von Briesen & Roper, s.c. His areas of practice include eminent domain, property tax, and commercial and real estate litigation. Mr. Streicher has represented local governments in excessive assessment, unlawful taxation, and land use litigation, as well as in eminent domain disputes. He has also represented private sector property owners in real estate disputes. He received his B.A. degree from the University of Wisconsin-Madison in 2008 and his J.D. degree from Cornell University in 2012.