Agenda

Registration:                    8:00 – 8:30 am

Morning Session:             8:30 – 11:30 am

Lunch (On your own):       11:30 am – 12:30 pm

Afternoon Session:           12:30 – 4:45 pm

Ohio Land Surveyor Licensing Law: Compliance and Enforcement Procedures          W. Dulaney III

   Ohio State Board of Registration for Professional Engineers and Surveyors rule changes

   Investigations and contested cases

   Disciplinary actions and penaltiesBoard enforcement case studies

Law of Surveying Malpractice          J. Beeler

   Current state of professional liability law

   Common sources of professional liability claims

      • Breach of contract, negligence, misrepresentation, strict liability, fraud

   Professional liability insurance

      • The professional liability claims process

   Professional liability litigation

   Strategies for avoiding professional liability claims

Contract Law for Surveyors          J. Beeler

   Legal concept of a contract

   Elements of a contract

   Performance issues

   Breach of contract

Complying with Ohio Standards of Practice          J. Butler

   Standards for boundary surveys

   Standards for mortgage location surveys

   Complying with code of ethics for engineers and land surveyors

Ohio Access to Oil, Gas and Minerals          A. Bruggeman

   Legal rights of mineral and surface owners

   Legal and practical exercise of access rights

   Where do one party’s rights end and the other’s begin?

   Resolving disputes

Utility Access and Easements          J. Young

   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

   Condemnation law

   Assignments

   Prescription/adverse possession

   Undefined width/blanket easements

   Access

   Maintenance/vegetation management

   Encroachments and interferences

   Abandonment

Credits

This seminar is open to the public and offers up to 6.5 CPD hours to Ohio professional surveyors.

Professional surveyors with continuing education requirements in other states will be able to apply the PDHs earned at this seminar, in most cases. Due to Ohio-specific course content, Indiana and New York are among the states that will not accept this seminar for continuing education credit. 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

Jack Beeler

Porter Wright Morris & Arthur LLP

Porter Wright Morris & Arthur LLP, ColumbusMr. Beeler maintains a general corporate practice with an emphasis on international business transactions, affordable housing, governmental economic development programs, and financing for emerging small businesses. His foreign clients are based in Asia and throughout Central and South America. Mr. Beeler has served as counsel for more than 70 Japanese manufacturers, logistics companies, and related businesses that have established operations in Ohio, dealing with the corporate, real estate, tax, immigration, and financing issues that have confronted foreign investors in the United States. He also represents American companies that are engaged in business transactions overseas or in hiring foreign nationals. As counsel for domestic and international businesses, Mr. Beeler provides guidance on sales agent, distributor, customs, and related questions. He advises architectural and engineering firms with practices that are international in scope. Another primary focus of his practice is the representation of nonprofit developers, lenders, and investors in real estate projects, particularly low-income housing tax credit and new markets tax credit transactions.

Aaron Bruggeman, Brickler & Eckler, LLP

Mr. Bruggeman’s practice focuses on shale, oil and gas matters, and he primarily represents Ohio and West Virginia clients on various issues related to the development of the Marcellus and Utica shale region. He is a sought-after speaker on shale play activities, keeping his clients up to date on legislative and regulatory changes. A life-long resident of Barnesville, Mr. Bruggeman is committed to helping his neighbors navigate the diverse issues related to oil andgas matters for the successful growth of his community.Mr. Bruggeman also has considerable experience in general commercial litigation throughout both Ohio and West Virginia, routinely handling hearings, discovery issues, depositions, and related litigation matters throughout both states.

Jordan Butler

Carlile Patchen & Murphy LLP

Mr. Butler focuses his practice on tax advice and planning, business transactions, real estate transactions, and other commercial matters. He has experience with drafting and negotiating purchase agreements, income tax settlements, lease agreements, and other business contracts. Mr. Butler also has experience with entity formation and operations. He is a member of the Ohio and Columbus bar associations, and he is admitted to practice in the State of Ohio and the U.S. District Court, Southern District of Ohio. Mr. Butler received his undergraduate degree from Miami University, his law degree from Capital University Law School, and his LL.M. degree in Taxation from University of Miami School of Law.

William Dulaney

Mann Dulaney, LLC, Powell
Mr. Dulaney has maintained a private construction law and real estate practice for over 25 years in the greater Cincinnati, Columbus and Dayton area. During this time he has represented design professionals, owners and contractors in the areas of construction, safety, labor, employment and government/agency regulation. He has represented clients before the State Board of Registration for Professional Engineers and Surveyors and has spoken before American Society of Civil Engineers (ASCE) Sections statewide regarding legal issues for design professionals. Mr. Dulaney received his B.S. degree in Construction Management from the University of Cincinnati, his M.B.A. degree from Xavier University and his J.D. degree from the University of Dayton. He is admitted to practice law before all state and federal courts in Ohio. He represents other professionals including physicians, pharmacists and nurses regarding licensure issues before their respective state regulating authorities.

Jeremy S. Young

Shareholder in the law firm of Roetzel & Andress, in Columbus

Mr. Young is a shareholder with Roetzel. His litigation practice is based in Roetzel’s Columbus office and serves a state- and nationwide clientele. Mr. Young’s practice focuses primarily on infrastructure and real estate-related issues and disputes, particularly eminent domain and easements. Two things set him apart from his peers in the infrastructure space. First, he focuses almost exclusively on representing businesses and commercial properties. This gives him a superior understanding of the unique concerns and challenges businesses face in this specialized area of the law. And second, he has long experience representing both property owners and condemning authorities. This gives him unparalleled insight into the many different issues that can arise and how both sides approach those issues. Mr. Young works hard to obtain just compensation for his clients. Throughout the eminent domain process, he educates and counsels his clients, presenting them with all available options and ensuring that they are equipped to make the right decisions for their businesses. He has represented some of the nation’s largest retail pharmacies, auto parts stores, grocery stores, discount retailers, gas stations, and pipeline companies, yet also enjoys helping smaller, local businesses. In addition to his eminent domain practice, he has considerable experience in zoning and land use, property tax appeals, and commercial foreclosures. Mr. Young also advises and represents clients with their business, contract, commercial, corporate, shareholder, securities, and trust/fiduciary issues and disputes. He earned his B.A. degree, cum laude, from The Ohio State University, and his J.D. degree, cum laude, from The Ohio State University, Moritz College of Law.