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

Boundary Law 
A. Smith

    Understanding basic principles of boundary law
      • Determine the intent of the grantor
      • Follow the steps of the original surveyor
   Evaluating boundary evidence
      • Legal descriptions, natural monuments, artificial monuments, 
        adjoining boundaries, surveys, maps, statements and testimony
   Resolving boundary disputes

Accommodating Surface Use and Mineral Rights 
A. Smith

   History and development of severed mineral rights
   Rights to mineral access and development
   Entering into surface use agreements
   Resolving disputes between mineral and surface owners

Land Use Law 
O. Izfar

   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

Eminent Domain and Condemnation Law 
C. McFarland

   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

The Law of Easements 
D. Pershing

   Understanding the legal concept of easements
      • Types of easements: easements in gross and easements appurtenant
   Creating easements
      • Express and implied
   Terminating easements
   Understanding conservation easements

Ethical Issues in Land Transactions and Development 
J. Stuckey

   Preventing conflicts of interest
   Exercising professional judgement and the appropriate standard of care
   Acting within the scope of experience/expertise

Credits

Texas Professional Land
Surveyors:
     8.0 Continuing Ed. Hours
           (1.0 Rules/Ethics Hour)

Texas Professional Engineers
     8.0 PDHs
           (1.0 Ethics Hour)

Continuing Education Credit Information

This seminar is open to the public and is approved by the Texas Board of Professional Land Surveying for 8.0 continuing education hours. It contains 1.0 hour of ethics content.

This course offers Texas professional engineers 8.0 PDHs, including 1.0 ethics hour. Educators and courses are not subject to preapproval.

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

Omar Izfar

Attorney with Wilson Cribbs & Goren, in Houston, TX

Mr. Izfar represents private land owners and developers in navigating land use and zoning issues in connection with local regulation of commercial and industrial developments as well as master-planned communities. Previously, he was Assistant City Attorney for the City of Houston where his practice focused on land development regulations within the City of Houston and public-private partnerships. Mr. Izfar earned his B.A. degree from Emory University and his J.D. degree from the Rutgers-Camden School of Law.

Charles McFarland

McFarland PLLC

Condemnation Attorney
Mr. McFarland has extensive experience representing landowners whose private property is taken by the government for public use. His primary focus is highway and road widening projects impacting retail, commercial, industrial, and special-use properties. He is a frequent speaker, panelist, and author on topics relating to eminent domain and condemnation law and is the Texas member of Owners’ Counsel of America, an invitation-only national network of leading eminent domain and property rights attorneys.

Derek Pershing

Wilson Cribbs + Goren, PC

Attorney with Wilson Cribbs + Goren, PC
Mr. Pershing is a real estate attorney with the law firm of Wilson Cribbs + Goren where he has a diverse transactional law practice that includes acquisitions, dispositions, development, leasing, entity formations, joint ventures, financing and closings across industrial, multifamily, office, retail, master-planned communities, and farm and ranch properties. He has three board certifications by the Texas Board of Legal Specialization: Commercial Real Estate Law, Residential Real Estate Law, and Farm and Ranch Real Estate Law. Only 44 attorneys in the State of Texas currently hold the same three certifications and he is the youngest. Mr. Pershing has been selected to the Texas Rising Stars™ list by Thomas Reuters Super Lawyers® in 2019 and is a member of the Texas Bar College for extraordinary commitment to professionalism through education. He holds a law degree from South Texas College of Law Houston, an MBA degree in finance and a BBA degree in Finance and Economics from the University of St. Thomas. Mr. Pershing served in the Army as a combat medic in Afghanistan during Operation Enduring Freedom V; he is a licensed FAA Private Pilot (ASEL) and Remote Pilot (UAS); and he has travelled extensively around the world.

Audra Rod Smith

Attorney based in Wharton County, Texas

Ms. Smith’s practice focuses on a wide variety of agricultural issues, especially those involving cattle. She additionally spends a significant portion of her time on oil and gas title examination, farm and ranch transactions, and real estate litigation. Ms. Smith also assists clients with estate planning, probates, and business planning needs. She is a graduate of El Campo High School. Ms. Smith received her bachelor of science degree in Agricultural Science from Texas A&M University in 2009, and received her doctor of jurisprudence degree from South Texas College of Law in 2014. She was admitted to the State Bar of Texas in 2014 and is also admitted to the Southern District of Texas. Ms. Smith is a member of the Wharton County Bar Association, formerly serving as president, and she is a member of the Texas Bar College. 

Joe W. Stuckey, JD, LLM, PE, RPLS

Attorney at Law in Rosharon

Mr. 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.