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.
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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 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 5:30 pm
Identifying, Classifying and Locating Easements P. Reznik & S. Neldner
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
Eminent Domain Law C. Clough & C. Oddo
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 N. Laurent & R. Brandys
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Understanding Utility Easements and Rights-of-Way P. Barkhurst
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
Understanding Riparian and Water Rights R. Johnson
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
Alterations and encroachments
Ethical Issues in Land Access and Development J. Wilhelm
Land: a finite, depletable resource
Extent of private rights in land
Conflict with rights of the public
Ethical issues in agriculture, water use, mineral access and development
Credits
Professional Engineers
8.0 PDHs (1.0 Ethics)
Professional Land Surveyors
8.0 CE Hours
Floodplain Managers
8.0 ASFPM CECs
Texas Attorneys
8.0 CLE Hours (1.0 Ethics)
8.0 TBLS CE Hours Hours
Continuing Education Credit Information
This seminar is open to the public. It offers 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval in Texas.
The Texas Board of Professional Engineers and Land Surveyors has approved this course for professional land surveyors for 8.0 continuing education hours.
Engineers and land surveyors seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most states. Review specific state rules to determine eligibility.
The Texas State Bar has approved HalfMoon Education as a CLE provider. This course offers 8.0 CLE hours including 1.0 ethics hour, to attorneys. The Texas Board of Legal Specialization approved this program for 8.0 hours in the specialty area of real estate law for certification hours for attorneys and paralegals.
The Association of State Floodplain Managers has approved this course for 8.0 CECs.
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
Paul D. Barkhurst
Barkhurst & Hinojosa, P.C.Mr. Barkhurst has extensive litigation experience in business and real estate disputes. He has developed a special concentration in the area of eminent domain, representing governmental entities as well as landowners in numerous lawsuits. He has successfully represented numerous owners in ranch power line takings. Mr. Barkhurst also represents governmental entities in construction disputes, and he has represented contractors and subcontractors in private disputes. Mr. Barkhurst has a B.A. degree, with honors, from Southwest Texas State University and a J.D. degree, magna cum laude, from Texas Tech University, and he is a former USAF Captain and F-111 Aviator.
Roy R. Brandys
Partner at Barron, Adler, Clough & Oddo, LLPMr. Brandys has exclusively represented landowners in eminent domain, inverse condemnation, and related land use matters for over 16 years. He has represented landowners in negotiating settlements, in special commissioners’ hearings, and in jury trials on hundreds of road and highway takings, power line takings, pipeline takings, takings of billboard easements, and other similar takings. Mr. Brandys is a graduate of Knox College and received his J.D. degree from Wake Forest University where he was a member of the Law Review.
Christopher Clough
Barron, Adler, Clough & Oddo, L.L.P.Partner at Barron, Adler, Clough & Oddo L.L.P.
Mr. Clough is a partner with Barron, Adler, Clough and Oddo, L.L.P., the largest eminent domain only firm in the state focused solely on representing landowners under threat of condemnation. Mr. Clough joined the firm in 2008 and focuses exclusively on eminent domain law and inverse condemnation matters. He currently serves as lead condemnation counsel in Texas for numerous major institutional clients and national publicly traded companies. Mr. Clough is a graduate of Columbia University with honors and the University of Texas, School of Law with honors.
Russell Johnson
McGinnis LochridgePartner at McGinnis Lochridge
Mr. Johnson has a multifaceted water law practice, with an emphasis on matters involving land use, water rights and the Endangered Species Act (ESA). His clients are generally landowners, industries, mineral owners and developers seeking to acquire, safeguard, develop or convey water resources. Formerly, he represented a large municipal water system in a variety of matters, including legislative efforts to create the Edwards Aquifer Authority and to modernize Texas water law. He is a board member of the Center for Water Law and Policy at Texas Tech University School of Law, as well as an adjunct professor at Texas State University teaching water policy.
Shane Neldner
Attorney at Braun & Gresham
Mr. Neldner levels the playing field for his condemnation clients with his unique insider’s understanding of the specific policies and practices used by condemning authorities. A former assistant attorney general for the Texas Office of the Attorney General (OAG), he handled condemnation or eminent domain cases for Texas DOT. His time at the OAG gave him the opportunity to see firsthand the arguments and strategies that give landowners the best results. Now Mr. Neldner takes the side of landowners through the frustrating and emotional process of condemnation, giving them the peace of mind and confidence to defend themselves and their land.
Christopher Oddo
Barron, Adler, Clough & Oddo, L.L.P.Partner at Barron, Adler, Clough & Oddo L.L.P.
Mr. Oddo joined the firm in 2015 and focuses exclusively on eminent domain law and inverse condemnation matters. Prior to joining the firm, he served as an assistant attorney general for the State of Texas and was a partner with the law firm of McGinnis, Lochridge & Kilgore, L.L.P. where he served as chair of the firm’s Eminent Domain and Inverse Condemnation Practice Group. Mr. Oddo is a graduate of Texas A&M University and the University of Tulsa, College of Law.
Patrick Reznik
Braun & GreshamAttorney at Braun & Gresham
Mr. Reznik’s clients are land and business owners who need to resolve a lawsuit or reduce the likelihood of litigation. His Texas farm and ranch background, agricultural engineering education, and hardworking lifestyle bring a skilled, creative, understanding and compassionate approach to protecting clients’ rights and resolving conflicts. Mr. Reznik has handled a variety of disputes, including those involving rural land uses, urban land uses, condemnation, transmission line routing, leases, contracts, estates, contested wills and probate, shareholder’s rights, and deed restrictions, he has represented developers, builders and homeowners. He received his B.S., M.S. and J.D. degrees from Texas Tech University.
Jack Wilhelm
Wilhelm Law FirmFounder at Wilhelm Law Firm
Mr. Wilhelm focuses his practice on oil and gas law and state taxation issues before the Texas Comptroller of Public Accounts. His oil and gas clients include Fortune 500 oil and gas companies, privately owned oil and gas independents, and sophisticated landowners. Most of the oil and gas practice focuses on real estate (title examination, due diligence, and negotiations) and assisting clients with matters before the General Land Office. In addition to his J.D. degree, Mr. Wilhelm holds a masters degree in Energy and Environmental Law from The Tulane University. He is licensed to practice in Texas, Louisiana, Arkansas, and Illinois, and by numerous federal courts, including the United States Supreme Court.