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) W. Coleman
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 W. Coleman
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 S. Powers
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
Easement maintenance: who is responsible?
Terminating easements: the when and how
Obstruction of an easement: what constitutes
obstructionsand what are the remedies
Understanding Groundwater Rights in Texas R. Beecham
Ownership of groundwater
Regulation of groundwater rights
Obtaining groundwater rights
Well drilling rights: application and permitting process
Current issues in groundwater rights
Understanding Utility Easements and Rights of Way S. Dickman
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
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
Continuing Education Credit InformationThis 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 for Administrative Law, Oil, Gas and Mineral Law, and Real Estate Law.
The Texas 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 has approved this seminar for 8.0 Real Estate Law CLE hours for paralegals.
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
Roger Beecham
Of counsel, Freeman Mills PCOf counsel, Freeman Mills PC in Dallas
Mr. Beecham began his career working for a major oil and gas company. He is experienced in dealing with acquisitions, exploration and production of non-producing and producing oil and gas properties including fee lands, Indian lands, and state and federal lands. Mr. Beecham has been involved with all aspects of mineral titles, leases, leasing, seismic agreements, exploration agreements, drilling contracts, joint operating and master service agreements, participation agreements, oil and gas acquisitions, energy lending transactions, natural gas transportation agreements, gas processing agreements, and pooling and unitization agreements. He has litigated many oil and gas issues and has represented water districts in administrative matters and other issues. Mr. Beecham caries an “AV Preeminent” rating from Martindale Hubbell peer review rating service. He has spoken at many seminars and written papers concerning oil and gas matters and water issues.
William Coleman
Coleman & Associates Land SurveyingColeman & Associates Land Surveying, Denton
Mr. Coleman is a registered professional land surveyor and a geographic information systems professional, and he founded Coleman & Assoc. Surveying in 1983. He graduated from the University of North Texas in August 1999 with a B.S. degree in Geography. Mr. Coleman has served as adjunct faculty at North Lake College in Irving and North Central Texas College in Corinth. He has been an active member of the Texas Society of Professional Surveyors since 1977 (director, 1989-1992 and 2005- 2008). Mr. Coleman has served on the board of directors of the Geographic and Land Information Society (2009-2018), the GIS Certification Institute (2012-2018), Denton County Historical Commission (2011-2016) and several others. He was elected Denton County Surveyor from 1986 to 1989. A certified Texas master naturalist, Mr. Coleman served on the Board of Directors of the Elm Fork Chapter and is currently a Trustee for the Texas Historical Tree Coalition.
Stephen Dickman
Kelly Hart & Hallman LLPPartner, Kelly Hart & Hallman in AustinMr. Dickman is certified in the practice of administrative law by the Texas Board of Legal Specialization. His practice includes representing clients in contested permitting cases before the State Office of Administrative Hearings, defending clients in environmental enforcement cases, advocating for clients in environmental rule making matters, and advising clients on how to maintain environmental compliance in the most cost-effective manner. As part of his water and sewer utility law practice, Mr. Dickman has extensive experience in negotiating and drafting water and sewer utility easements. Mr. Dickman also represents landowners affected by construction of electric power transmission lines in cases pending at the Public Utility Commission of Texas, and he advises clients on federal and state agency contracting and procurement matters.
Sarah Powers
Decker Jones in Fort WorthSenior Associate, Decker Jones in Fort WorthMs. Powers’ primary practice is in the areas of real estate law, oil and gas law, and general business transactions.As a licensed attorney in Texas, Oklahoma, Kansas, and North Dakota, Ms. Powers has represented entities and individuals in various real estate transactions including, but not limited to, the purchase and acquisition, development, and sale of commercial, industrial, and residential real estate, including associated due diligence matters, and drafting office building, industrial park, and shopping center leases on behalf of landlords and tenants. She has also assisted clients in easement and boundary issues. Ms. Powers drafts right of way agreements and drilling and division order opinions and provides ongoing general business advice and counseling to her clients.
Edward Small
Partner, Jackson Walker, L.L.P.Partner, Jackson Walker, L.L.P. in AustinMr. Small has more than 40 years’ experience representing clients before the Texas Legislature and Texas regulatory agencies, in addition to his litigation practice. He has served as counsel to entities and associations with legislative and regulatory issues. Mr. Small has appeared for clients before the Texas Legislature and State and Federal agencies. His clients include associations and entities seeking solutions to issues affected by State Government. Mr. Small’s litigation experience includes water rights, boundary issues, condemnation, oil and gas, and other land related issues.