Land Laws and Ethics for Civil Engineers and Land Surveyors
Agenda
Due to health and safety concerns regarding the COVID-19 virus, this seminar is now being offered as an online webinar.
Follow this link for registration: https://www.halfmoonseminars.org/seminars/133187/land-laws-and-ethics-for-civil-engineers-and-land-surveyors-seminar/princeton-nj
Eminent Domain
T. Duggan
Overview of Eminent Domain law
• Source of power
• Traditional public projects (ie. road widening, public school, etc.)
and redevelopment projects
Overview of legal process to take property
• Litigating the right to take property • Litigating amount of just compensation
Engineers and Surveyors – what is your role?
• Pre-litigation analysis
• Highest and best use analysis
• “Reasonable probability”
• Testifying as an expert witness
Tips and pitfalls for acting as an expert witness
Site Contamination Law
S. Humphreys
Discovering existing soil and/or groundwater contamination
Understanding applicable rules and regulations
Understanding liability issues
Exploring remediation and brownfield redevelopment
Land Use Law
G. Forshner
Understanding land use law
Governmental power and authority to zone
Comprehensive land use planning and zoning
Planning Board and Zoning Board of Adjustment jurisdiction
Finding existing land use laws and regulations
Seeking zoning variances or rezoning
Types of approvals
The engineer’s role in land use hearing
Post-approval
Outside agencies – timing and role
Participating in land use litigation and appeals
Two takeaways – simple and important, but often skipped
Complying with Rules of Professional Conduct
W. Testa
Complying with New Jersey rules of professional conduct
Sealing of documents
Standards for responsible charge of engineering work
Unauthorized practice of engineering
National Societies of Professional Engineers and Land Surveyors’ Codes and Canons
Understanding Adverse Possession
C. Hopkins
The history of adverse possession
Statutory law
Case law on adverse possession
Maintaining a claim for adverse possession
• Statute of limitations
• Elements of a claim
Defending against a claim for adverse possession
Practical location of boundaries
Credits
Professional Engineers
6.5 CPC Credits
Including 1.0 Ethics Hour
Land Surveyors
NJ Approval Pending
Continuing Education Credit Information
This seminar is open to the public. HalfMoon Education is an approved continuing education provider for New Jersey engineers (Approval No. 24GP00000700), and this course offers 6.5 CPC credits/continuing education hours, including 1.0 CPC Ethics hour, to professional engineers licensed New Jersey.
HalfMoon Education has applied to the New Jersey State Board of Professional Engineers and Land Surveyors for course approval for professional land surveyors, which is under review.
Professional engineers and land surveyors seeking continuing education credit outside New Jersey will be able to apply the hours earned at this seminar, in some cases. Refer to specific state continuing education rules to determine eligibility.
Due to state-specific content, this course is not eligible for New York engineer or land surveyor continuing education credit.
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
Timothy P. Duggan, Esq.
Shareholder with Stark & Stark in Princeton and Chair of Stark & Stark’s Condemnation, Redevelopment, and Eminent Domain GroupThe main focus of the Condemnation, Redevelopment, and Eminent Domain Group is property valuation litigation and representing private property owners in challenging the government’s right to take private property by the use of the power of eminent domain (also known as condemnation) and prosecuting inverse condemnation claims. Mr. Duggan regularly represents clients whose highway access and property rights have been revoked or taken by the New Jersey Department of Transportation, county agencies and utility companies, and has experience in handling all aspects of eminent domain, including relocation assistance, modification of highway access, and litigating the amount of just compensation. He represents property owners in urban redevelopment projects and pipeline cases, and he has experience in both state and federal courts. Mr. Duggan also prosecutes real estate tax appeals for banks, developers, automobile dealerships, condominium and homeowners’ associations, shopping centers, and commercial property owners and is a member of the Firm’s Flood Litigation, Development & Mitigation Group. He has been awarded the CRE® designation by the Counselors of Real Estate®, an international group of real estate professionals recognized as leading advisors in complex real property matters with approximately 1,000 members worldwide, of which less than ten percent are practicing attorneys (www.cre.org). Mr. Duggan is a frequent speaker and author on topics related to bankruptcy, eminent domain and tax appeal matters. He earned his M.B.A. degree from Seton Hall University and his J.D. degree from Seton Hall University School of Law.
Gary S. Forshner
Law Office of Gary S. ForshnerMr. Forshner concentrates his practice in residential and commercial real estate development, redevelopment, land use and real estate development. Mr. Forshner represents owners and developers regarding development, mixed-use, affordable housing, residential, industrial, retail and office development projects. He has extensive experience in the telecommunications industry, including zoning and planning, leasing, and municipal bidding. His practice includes representation of national, international, and local developers and businesses as well as charitable and religious organizations. Mr. Forshner served as special land use counsel to municipalities and to the New Jersey Builders Association. He is the former chair of the New Jersey State Bar Association’s Land Use Section. Mr. Forshner regularly speaks on zoning and planning, redevelopment, affordable housing, sustainable energy, land use, eminent domain, and land real estate transactions.
Christopher Hopkins
Wilentz, Goldman & Spitzer P.A.Counsel with Wilentz, Goldman & Spitzer P.A.
Mr. Hopkins’ practice consists of representing developers and investors in connection with the acquisition, disposition, leasing, development and re-development of commercial real property. His practice runs the gamut of real property transactions from leasing, financing and redevelopment to affordable housing development, condominium association formation and returning contaminated properties or “Brownfields” to beneficial use. The breadth of his practice also extends to counseling clients on land use matters and on a variety of environmental regulatory compliance and permitting issues, including ISRA compliance, environmental due diligence, Superfund and other liability concerns. Mr. Hopkins participates in a number of industry organizations including the National Association of Industrial and Office Properties, where he sits on the legislative affairs committee, the New Jersey Builders Association and the National Brownfield Association.
Steven Humphreys
Kelley Drye & Warren LLPMr. Humphreys is an attorney with the law firm of Kelley Drye & Warren LLP, where he concentrates his practice on all aspects of environmental law and related counseling of businesses. He advises businesses on regulatory compliance and management of environmental risk in matters arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the federal Resource Conservation and Recovery Act (RCRA); the Clean Air Act; the Clean Water Act; and various other federal, state and local environmental laws. He also works on the environmental aspects of business transactions.
Wendy Testa
Partner at Wilson ElserMs. Testa focuses her legal practice on insurance coverage and defense litigation as well as risk management services in the areas of professional liability; construction/construction defects; general liability; product liability; contract drafting, negotiating and disputes; and employment practices. She has also litigated matters alleging violations of the Fair Debt Collection Practices Act and advised clients on best practices in this area of the law. Ms. Testa is experienced in the defense of architects, engineers and surveyors and is a member of the firm’s design professional practice. She performs contract review and drafting services for design professionals and engages in contract negotiations on behalf of these clients. Ms. Testa received her J.D. degree from Widener University School of Law.