Land and Water Law: Ownership and Access
Agenda
Registration: 7:30 – 8:00 am
Morning Session: 8:00 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 5:30 pm
Locating Land Boundaries on Paper (and on the Ground) A. Sikes
Interpreting land descriptions
• Metes and bounds
• Lot and block
• Dos and don’ts for writing descriptions
Applying principles of boundary location
• Collecting and evaluating all types of boundary evidence: documents, physical evidence, people, surveys
• Locating the described land on a map
• Locating the described land on the ground
• Understanding and using geographic information systems (GIS)
Solving land description and boundary location problems
Resolving Boundary Disputes C.E. Howard
Types of boundary disputes
• Adverse possession, easements, boundaries
Obtaining and reviewing boundary evidence
Methods for establishing disputed boundaries
Participating in dispute resolution techniques
• Litigation, arbitration, mediation, agreements, title insurance
Examining boundary dispute case studies: exploring techniques for resolving sample disputes
Identifying, Classifying and Locating Private Easements J. Stuckey
Easement Basics: What is an easement and how do I determine if the property is encumbered by an easement?
Types of easements under Texas law
Easements and surveys: an overview
Terminating easements: the when and how
Obstruction of an easement: what constitutes obstruction and what are the remedies
Understanding Groundwater Rights in Texas G. Ellis
Ownership of groundwater
Regulation of groundwater rights
Obtaining groundwater rights
Well drilling rights: application and permitting process
Current issues in groundwater rights
Understanding Riparian Rights and Access to Surface Water E. McCarthy Jr.
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 Utility Easements and Rights of Way J. Hodge
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
Credits
Attorneys
8.0 Texas CLE Hours, including 8.0 Certification Hours in: Administrative Law, Oil, Gas and Mineral Law, and Real Estate Law
Land Surveyors
8.0 CE Hours
Professional Engineers & Geoscientists
8.0 PDHs
Paralegals
8.0 Real Estate Law CLE Hours
Continuing Education Credit Information
This seminar is open to the public. It has been approved by the Texas State Bar for 8.0 CLE hours for 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.
The Texas Board of Professional Land Surveying has approved this event for 8.0 continuing education hours.
This seminar offers 8.0 PDHs to Texas professional engineers and geoscientists to whom the subject matter is professionally relevant.
The Texas Board of Legal Specialization awarded 8.0 CLE hours for paralegals in Real Estate Law.
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
Gregory (Greg) Ellis
Founder at GM Ellis LawMr. Ellis has been practicing water law and been involved in water issues for over three decades. As a law student, he helped clerk the House Natural Resources Committee working on a variety of water legislation. After receiving his J.D. degree from the University of Texas School of Law, He worked as legislative liaison for the Texas Water Commission and later served as general counsel to the Harris-Galveston Coastal Subsidence District. The Edwards Aquifer Authority hired Mr. Ellis as their first general manager in 1997, a position he held until October 2004 when he left to start his solo law practice. In addition to representing subsidence districts and groundwater conservation districts, he serves as board secretary of the Texas Water Foundation, a nonprofit corporation that provides water conservation education throughout the State.
Justin Hodge
Justin Hodge – Marrs Ellis & Hodge LLP
Mr. Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits. He has handled complex condemnation and eminent-domain cases throughout the State of Texas. Mr. Hodge has appeared in condemnation and eminent-domain lawsuits and he has defended landowners against the Texas Attorney General’s office, pipeline companies, electric transmission line companies, school districts, cities, and counties. He is passionate about Texas property rights. Mr. Hodge has testified on Texas condemnation and eminent domain reform on behalf of Texas landowners in front of both the Texas House of Representatives and the Texas Senate. He also writes a weekly blog at TexasCondemnation.com. Mr. Hodge is currently an adjunct professor at University of Houston School of Law where he teaches a course on eminent domain.
C. Howard
Andrews Myers P.C.Andrews Myers P.C., Houston
Ms. Howard is a trial attorney focusing on commercial litigation, real estate disputes and employment law. She has handled evictions, lockouts, title and lien priority disputes, foreclosure on real and personal property, Fair Housing Act violations, enforcement of deed restrictions, ad valorem taxes, easements, adverse possession, boundary disputes, and disputes arising out of the acquisition of real property. Ms. Howard has handled hundreds of landlord/tenant disputes primarily but not exclusively on the landlord’s side. She has represented lenders and loan servicers in matters involving foreclosures and lending practices. Ms. Howard advises individuals seeking to acquire property about their possible liabilities and consults on the closing documents and indemnification agreements. She received her B.A. degree in Economics, Political Science and Managerial Studies from Rice University (TX) and her J.D. degree, magna cum laude, from the University of Houston Law Center.
Edmond McCarthy
JACKSON SJOBERG MCCARTHY & TOWNSEND LLPJackson Sjoberg McCarthy & Townsend, L.L.P., AustinMr. McCarthy is a partner in the firm who practices primarily in water and natural resources law. His background is rooted in property rights and land titles, and the development of subsurface property rights, including mineral and groundwater rights. Mr. McCarthy represents clients in water projects before the Texas Legislature, the Texas Commission on Environmental Quality, the Texas Water Development Board and groundwater districts across the State. He was lead counsel on the first ASR project permitted in Texas to use state water rights, and subsequently worked on the development of legislation to codify the use of ASR as a water development resource. Mr. McCarthy co-authored TWDB Report No. 0904830940 entitled An Assessment of Aquifer Storage and Recovery in Texas (February 2011). He earned his J.D. degree in 1981 from St. Mary’s University School of Law.
Andrew Sikes
Andrew Lonnie Sikes, Inc.Andrew Lonnie Sikes, Inc., HoustonMr. Sikes founded Andrew Lonnie Sikes, Inc., in 1977, offering a broad range of surveying and engineering services, with a special emphasis on land and boundary surveying, as well as aerial mapping. He received his Bachelor of Science and Masters of Engineering degrees in Civil Engineering from Texas A&M University, College Station. Mr. Sikes served on the Texas Board of Professional Land Surveying under three governors and was elected to the board of directors of the National Council of Examiners for Engineering and Surveying (NCEES). In addition to running a regional engineering and surveying firm, he serves the University of Houston as an adjunct instructor of surveying from time to time. Mr. Sikes provides consultation and testimony to clients and their attorneys when there are surveying issues being litigated. He has received numerous awards from ASCE and TSPS for service to the profession of surveying.
Joe W. Stuckey, JD, LLM, PE, RPLS
Attorney at Law in RosharonMr. Stuckey practices primarily in corporate, real estate, and environmental law, including transactional work and litigation. He has a B.S. degree in Civil Engineering from Texas A&M University and J.D. and L.L.M. degrees from the University of Houston Law Center. Mr. Stuckey is admitted to the practice of law in all Texas courts, the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Claims Court. He is also licensed in Texas as a professional engineer and a registered public land surveyor.