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: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 5:00 pm
Identifying, Classifying and Locating Easements E. D. McNamara Jr.
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
Creating and Managing Highway Rights-of-Way J. Cole Helfrich
Identifying potential rights-of-way
Rights included in right-of-way
Maintenance of right-of-way
Negotiating and valuing easements
Landowner rights
Alterations and encroachments
Understanding Utility Easements and Rights of Way J. Cole Helfrich
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
Condemnation law
Current issues involving utility easements
Environmental issues
Eminent Domain Law and Condemnation Practice J. Cole Helfrich
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
Trespass, Adverse Possession and Other Unauthorized Access to Land J. Cole Helfrich
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
Credits
Professional Engineers & Land Surveyors
7.0 PDHs
Attorneys
7.0 Illinois CLE Hours
7.0 Indiana CLE Hours
8.0 Wisconsin CLE Hours
(1.0 EPR)
Continuing Education Credit Information
This seminar is open to the public. This course offers 7.0 PDHs to Illinois professional engineers and land surveyors. Educators and courses are not subject to preapproval in Illinois.
Engineers and land surveyors seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
The Illinois MCLE Board has approved this course for 7.0 MCLE general credit hours for attorneys.
This course has been approved for 7.0 CLE hours for Indiana attorneys and 8.0 CLE hours, including 1.0 EPR credit, for Wisconsin attorneys.
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
J. Cole Helfrich
Principal Land Surveyor with Koru Group PLLCMr. Helfrich has been principal land surveyor with Craig R. Knoche & Associates, P.C. and its successor Koru Group PLLC in the Chicago area for the last 30 years. Mr. Helfrich first picked up a plumb bob in 1971 for Webster & Associates. From tape-and-transit to GPS, mortgage surveys to shopping centers, he has his seal on billions of dollars of commercial, residential and institutional developments and transactions in 23 counties in Illinois together with consulting and managing projects in 15 other states. Mr. Helfrich has enjoyed working with countless prominent developers, attorneys and other professionals in the field and the office. His specialties include real estate law, boundaries and boundary law, easements, rights-of-way and other encumbrances and servitudes, statutory and common-law plats, ALTA surveys, topography, building and site layout, construction- and project-management as well as land development consulting. He has presented classes and co-written manuals with the Illinois Institute For Continuing Legal Education along with classes at the University of Illinois and HalfMoon Education. Mr. Helfrich is a member of the National Society of Professional Surveyors and the Illinois Professional Land Surveyors Association.
Edward McNamara
McNamara & EvansMcNamara & 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.