Easements, Rights-of-Way, and Eminent Domain Seminar
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 – 4:30 pm
Easements and their Essential Characteristics G. Kent
What is and is not an easement
What is a right-of-way
The dominant and servient estates
Creating easements
• Express easements
• Easements by necessity
• Prescriptive easements
Identifying critical distinctions between easements
• Easements appurtenant
• Easements in gross
• Affirmative easements
• Negative easements
Maintaining easements
Interfering with and overburdening easements
• Remedies
Terminating/extinguishing easements
Creating and Managing Highway Rights-of-Way G. Kent
Identifying potential rights-of-way
Negotiating and valuing easements
Rights included in right-of-way
Landowner rights
Maintenance of right-of-way
Alterations and encroachments
Understanding Utility Easements G. Kent
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
Eminent Domain Law P. Sever
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 P. Sever
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Credits
Attorneys
6.5 Indiana CLE Hours
6.5 Illinois CLE Hours
Indiana Professional Land Surveyors & Engineers
6.5 Hours of Continuing Education
Indiana Title Insurance Producers
6.5 Hours
Continuing Education Credit Information
This seminar is open to the public. HalfMoon Education is an Indiana-approved CLE provider for attorneys, and this course is approved for 6.5 general CLE hours. It is also approved for 6.5 general CLE hours by the MCLE Board of the Supreme Court of Illinois.
The Indiana Land Surveyor Board has approved HalfMoon Education as a continuing education provider. This course offers 6.5 hours of continuing education. The State Board of Registration for Professional Engineers has approved HalfMoon Education as a continuing education provider. This course offers engineers 6.5 hours of continuing education.
The Indiana Department of Insurance has approved HalfMoon Education as a continuing education provider. This course offers 6.5 hours for Indiana title insurance producers.
Attendance will be monitored and reported, as required by the course approval entities. 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
Gary R. Kent
Meridian Land Consulting, LLCMr. Kent is in his 40th year with Schneider Geomatics in Indianapolis – having transitioned to part-time status in 2020. He also provides training, consulting and expert witness services as manager and owner of Meridian Land Consulting, LLC. He served as chair of the Joint ALTA/NSPS Committee responsible for the ALTA/NSPS Land Title Survey standards from 1995 to 2021. He also served on the Indiana State Board of Registration for Professional Surveyors from 2004-2025 and is a past-president of both ACSM and the Indiana Society of Professional Land Surveyors. Mr. Kent has presented programs on boundary law, easements and rights of way, surveying standards and practice, and leadership multiple times in all 50 states.
Phil Sever
Sever StoreySever Storey
Mr. Sever is a founding partner of Sever Storey, with offices in Indiana, Ohio, North Carolina, and Illinois. Mr. Sever has been helping individuals, families, and businesses as an attorney since 1996. He is a founder and member of the Public Institute of Landowner Attorneys and Appraisers (PILAA), the Indiana State Bar Association, and the Indiana Trial Lawyers Association. Mr. Sever has a wide range of experience representing landowners. He has provided advice to landowners (both residential and business) in hundreds of large and small condemnations in both Indiana and Ohio. Using this experience, he focuses on practical solutions for his clients and holding condemning authorities accountable. As the author of numerous articles and videos on eminent domain and condemnation, he has taken the lead in educating landowners and attorneys about the eminent domain and condemnation process. Through his various associations Mr. Sever is currently championing the introduction of legislation to explicitly provide business damages as part of the eminent domain and condemnation process.