Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 4:30 pm
Surface Use and Mineral Rights M. Gibson
Brief history of mining laws in the United States
Who regulates mining?
Agreements related to mining
Exercising mineral rights
Reclamation
Native/aboriginal rights
Resolving disputes over mineral rights
The Law of Easements T. Rhodes
Understanding the legal concept of easements
• Types of easements
Creating easements
• Drafting easements
Terminating easements
Understanding conservation easements
Land Use Law K. Sturm
Understanding land use law
• Comprehensive planning
• Subdivision platting
• Zoning
• Restrictive covenants/deed restrictions
• Traffic/parking
• Nuisance
Handling land use approvals
• Plats
• Re-zoning, including PUD, PD, SUP, CUP
• Variances
• Special exceptions
• Interpretations/appeal of staff decisions
Administrative appeals
Litigation
Understanding Riparian and Water Rights S. McCullers
History and development of riparian right
Determining land boundaries near the water line
Determining access rights to surface waters
Determining rights to groundwater
Overview of regulations restricting access to and
use of surface water and groundwater
Eminent Domain and Condemnation Law M. Perignat
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Participating in the condemnation process
Appealing a condemnation decision
Understanding regulatory “takings” and inverse condemnation
Credits
This seminar offers 6.5 PDHs to
Georgia professional engineers
and land surveyors.
Continuing Education Credit Information
This seminar is open to the public and offers up to 6.5 PDHs to professional engineers and land surveyors in Georgia. Educators and courses are not subject to preapproval in Georgia.
Engineers and land surveyors seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
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
A.McCampbell Gibson
The Finley FirmPartner with The Finley Firm in Atlanta, GAMr. Gibson’s practice includes all types of commercial litigation, including, real estate disputes, business torts, contract disputes, indoor air quality and construction defects, and product liability. He represents and counsels retailers, developers, REITs, hotel and apartment owners and operators, property management companies, petroleum and mining companies, financial institutions, distributors, restaurants, and convenience stores, among others, in contract disputes, lease enforcement, easement, restrictive covenant, trespass and nuisance claims, mining rights, brokerage disputes, zoning, premises liability, real estate commission, and eminent domain matters. He has been named by Georgia Trend magazine as one of Georgia’s Legal Elite in both 2015 and 2016 and has been listed in Super Lawyers for 10 years.
Stephen A. McCullers
Stephen A. McCullers is an Associate in the firm’s Environmental Practice. Stephen has a diverse environmental practice, assisting clients with complying with complex environmental, health, and safety regulations. Stephen also has expertise with air and water permitting, environmental due diligence and liability, and environmental litigation.
Before becoming an attorney, Stephen was a Natural Resources Specialist with the U.S. Army Corps of Engineers. He conducted environmental compliance inspections, issued environmental permits, and assisted in the management of federal land and natural resources.
Melissa Perignat
Holt Ney Zatcoff & Wasserman, LLPPartner with Holt Ney Zatcoff & Wasserman, LLP, in AtlantaMs. Perignat’s practice focuses on real estate transactions and litigation, including eminent domain, land use, zoning, and landlord-tenant matters. She represents and advises property owners in civil litigation condemnation proceedings brought by state, county and local governments and authorities. She has experience litigating land use, zoning and annexation disputes. She also has represented numerous clients in land use and zoning matters relating to disputes under the Telecommunications Act of 1996, concerning the location and construction of telecommunications facilities. Ms. Perignat also handles land acquisitions and dispositions and lease drafting and negotiations. She provides a comprehensive scope of services to property owners and business owners. Ms. Perignat obtained her J.D. degree from Emory University School of Law, and she also received her M.A. degree in Urban and Regional Planning from Virginia Tech. She has been recognized as a Georgia Super Lawyer Raising Star since 2012. She serves as the secretary/treasurer of the State Bar of Georgia Eminent Domain Section.
Tracy Rhodes
Rhodes Law FirmMs. Rhodes focuses her practice in the areas of land litigation and divorce law. An experienced litigator and trial attorney, Ms. Rhodes is an assertive advocate for her clients. She has tried cases in over 15 North Georgia and Metro Atlanta counties before judges and juries on issues ranging from divorce and child custody to boundary line disputes, land titles, and contested probate estates. Ms. Rhodes earned her J.D. degree from the University of Georgia School of Law.
Kasey Sturm
Counsel at Weissman in Atlanta, GAMs. Sturm works with the commercial real estate practice group bringing 16 years of experience advising individuals, community groups, homeowners associations, businesses, local governments and non-profit organizations on a variety of environmental and land use matters. She focuses her practice on environmental litigation at the regulatory, administrative, trial and appellate levels. Kasey represents clients on a wide range of land use and zoning matters, including before governmental bodies and appeal boards, as well as in state and appellate courts. She also advises clients on a variety of environmental matters related to land ownership, use and development; represents clients in actions to address damage to property stemming from various environmental conditions, including as a result of storm water flows and sedimentation; compliance and permitting under a wide range of environmental laws, as well as land use and zoning laws and regulations. Kasey also advises clients in non-profit leadership and management, including formation of community groups and non-profit organizations.