Land and Water Law: Easements, Eminent Domain, and Water Rights
Agenda
Registration: 7:30 – 8:00 am
Morning Session: 8:00 – 11:45 am
Lunch (On your own): 11:45 am – 12:45 pm
Afternoon Session: 12:45 – 5:30 pm
Identifying, Classifying and Locating A. Benford
Private Easements
What is and is not an easement
Reviewing Texas 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
Understanding Riparian Rights and Access A. Campbell
to Surface Water
History and development of riparian rights
Determining land boundaries near the water line
Determining access rights to surface waters
Limitations on rights to surface waters
Complying with water quality laws and regulations
Understanding Groundwater Rights D. Cheney
Ownership of groundwater
Regulation of groundwater rights
Obtaining groundwater rights
Well drilling rights: application and permitting process
Current issues in groundwater rights
Eminent Domain and Condemnation Law K. Silcocks
Understanding eminent domain powers
• Source of eminent domain powers
• Types of eminent domain “takings”
Participating in the condemnation process
Appealing a condemnation decision
Understanding regulatory “takings” and inverse condemnation
Avoiding, Identifying and Resolving Ethical J. Katz
Issues in Land and Water Transactions
Private property rights vs. public rights
Community/local control of land and water resources
Environmental preservation of land and water
Credits
Attorneys
8.0 Texas CLE Hours (1.0 Ethics)
8.0 TBLS Certification Hours in:
Administrative Law
Oil, Gas and Mineral Law
Real Estate Law
Professional Engineers & Geoscientists
8.0 PDHs
Land Surveyors
8.0 CE Hours
Realtors
8.0 Texas MCE Elective Hours
Paralegals
8.0 TBLS Hours: Real Estate Law
Continuing Education Credit Information
This seminar is open to the public and is approved for 8.0 CLE hours, including 1.0 ethics hour, for Texas attorneys. The Texas Board of Legal Specialization has awarded 8.0 specialization hours in the areas of Administrative Law, Oil, Gas and Mineral Law, and Real Estate Law for attorneys.
This seminar is designed to qualify for 8.0 PDHs for Texas professional engineers and geoscientists to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Texas.
The Texas Board of Professional Land Surveying has approved this program for 8.0 continuing education hours.
This program is designed to qualify for 8.0 MCE elective credits for Texas realtors. Realtors who attend this seminar will be provided documentation to submit to the Texas Real Estate Commission to request credit.
The TBLS has approved 8.0 CLE hours for paralegals in the area of Real Estate Law.
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
Alaina Benford
Norton Rose Fulbright LLPPartner at Norton Rose Fulbright LLPMs. Benford is a skilled negotiator, trusted advisor and trial-tested commercial litigator who maintains a diverse practice. A seasoned litigator, she has more than a decade of experience trying cases in state and federal courts where she has first-chaired jury trials to verdict. She has represented clients of all sizes in multi-party cases involving breach of contract, construction disputes, fraud, real estate disputes, eminent domain and condemnation, wrongful death claims, and energy related catastrophic personal injury claims. Ms. Benford has helped clients navigate all aspects of litigation, including fact and expert discovery, temporary and permanent injunctions, alternative dispute resolution, dispositive motion practice, arbitration and trial. She joined the Houston office in 2000 and has been a partner since 2011. A graduate of the American Board of Trial Advocates National Trial Academy, she serves as a faculty member of the firm’s Trial Training Program for all first year litigation attorneys in the firm. Ms. Benford serves on a number of firm committees and previously served as the hiring partner responsible for attorney employment in the Houston office. She is a frequent speaker at Continuing Legal Education programs across the country and serves in leadership positions on the boards of several non-profit organizations.
Augustus Campbell
West Houston AssociationPresident & CEO at West Houston AssociationMr. Campbell is the president and CEO of West Houston Association and is an advocate for better infrastructure, development, and quality of life in 1,000 square miles of Greater West Houston. West Houston Association is a nonprofit organization that aims to create a better living and working environment for the 1.6 million residents and 600,000 employees in Greater West Houston. Mr. Campbell was previously the assistant city attorney for the City of Houston, and practiced in the areas of water, utilities, construction, and affirmative action programs. He served in the United States Army and received his J. D. degree from Texas Tech University School of Law in 2006.
Denise Cheney
Bickerstaff Heath Delgado Acosta LLPAttorney at Bickerstaff Heath Delgado Acosta LLPMs. Cheney’s principal areas of practice are real estate, planning and development, and construction law matters, with an emphasis on the representation of cities, counties, and other local governments. She has represented both large and small cities in matters such as acquisitions and sales, commercial leases, easements, licenses, construction projects, and the development of real estate. She has represented various entities in the acquisition of office buildings, electric utility power plants, and water rights. To accomplish the project objectives, she has coordinated the land use planning, zoning, and development aspects of projects with the land acquisition and construction. Ms. Cheney has worked with communities in connection with a variety of land use and development issues. She has advised cities regarding the writing, codification, amendment and implementation of land use, zoning, and subdivision regulations and other ordinances. She has worked on matters involving private/public partnerships for economic development, affordable housing, “smart growth” development, downtown revitalization, environmental conservation, and historic preservation.Ms. Cheney has represented local governments in numerous construction projects, including municipal buildings, courthouses, jails, schools, and water/wastewater projects. She has served as legal counsel and expert witness in matters involving title disputes, easements rights and condemnation.
Joshua Katz
Bickerstaff Heath Delgado Acosta LLPPartner at Bickerstaff Heath Delgado Acosta LLPMr. Katz is a partner with Bickerstaff Heath Delgado Acosta LLP in Austin. His principal practice areas include environmental law, administrative law, water law, electric utility regulation, and related litigation. He represents municipalities, river authorities, water districts, and private entities in these and related matters before state and federal agencies and in state court. Mr. Katz was admitted to the Texas Bar in 2005 and is also admitted to practice before the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas. He is a graduate of Rice University (B.A. 2001) and the University of Houston Law Center (J.D. 2005, cum laude).
Kristina Weber
Foley & Lardner LLPFoley & Lardner LLP, Austin
As a member of the Government Solutions Practice and Austin Litigation Team at Foley & Lardner LLP (formerly Gardere Wynne Sewell LLP), Ms. Silcocks focuses her practice on civil litigation and government-related matters. She primarily focuses on eminent domain and inverse condemnation, representing both condemning authorities and property owners, having represented clients in over 250 Special Commissioners’ Hearings and in over 25 condemnation and inverse condemnation jury trials. Ms. Silcocks also has extensive experience handling civil litigation, including contract, employment, and tort cases. She is well-versed in other government-related issues, including open records laws, contract procurements, bid protests, environmental disputes and other regulatory issues with a variety of state and local agencies. Prior to joining the firm in 2011, Ms. Silcocks spent 15 years in the Office of the Attorney General of Texas primarily representing the Texas Department of Transportation, including the last five years as chief of the Transportation Division.