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 LLP

Partner 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 Association

President & 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 LLP

Attorney 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 LLP

Partner 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 LLP

Foley & 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.