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 – 4:40 pm
Identifying, Classifying and Locating Easements
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
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 and Rights of Way
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
Eminent Domain Law
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
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Credits
Virginia Attorneys
6.5 Virginia CLE Hours
7.8 West Virginia CLE Hours
Virginia Title Insurance Producers
8.0 CE Title Hours
Virginia Land Surveyors & Engineers
6.5 Credit Hours
Continuing Education Credit Information
This seminar is open to the public. The Virginia State Bar MCLE Board has approved this course for 6.5 CLE hours, and the West Virginia State Bar has approved it for 7.8 CLE credit hours.
The Virginia Insurance Continuing Education Board has approved the seminar for 8.0 title insurance credits.
This seminar offers 6.5 PDHs to Virginia professional land surveyors and 6.5 PDHs to Virginia professional engineers to whom the subject matter is professionally relevant.
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
Michael B. Davis
Professional Land Surveyor with Dewberry
Mr. Davis is a professional land surveyor in Maryland, the District of Columbia and Virginia, with over 30 years of experience. This varied experience includes small individual boundary surveys, surveys for both commercial and residential land development projects, ALTA Land Title Surveys, and surveys for long range transportation projects, including rail and highway. In addition, Mr. Davis is an adjunct faculty professor at the Community College of Baltimore County in the Surveying/ Civil Engineering program. Classes taught include Elementary Surveying, Survey Computations, Topographic Mapping, Sediment Control and Hydrology, and Storm Drain Design. In 2016, Mr. Davis was awarded the Russell E. Lowman Memorial Educational award from the Maryland Society of Surveyors for his contribution to the education of surveyors.