Wyoming Law of Easements and Eminent Domain Seminar
Agenda
Registration: 8:30 – 9:00 am
Morning Session: 9:00 am – 12:30 pm
Lunch (On your own): 12:30 – 1:30 pm
Afternoon Session: 1:30 – 4:30 pm
Overview
Defining easements
Distinguishing easements from licenses and leases
Creation of Easements
Written grant or reservation
Certified survey plat and dedication
Easements by implication
Prescription
Necessity
Irrevocable license and license coupled with an interest
Estoppel
Characteristics of Easements
Location and dimensions
Easements characterized as appurtenant or gross
Scope of use
Exclusive and non-exclusive
Construction and Interpretation of Easements
Express easements
Missing or incomplete terms
Conflicts between Easement and Fee Interest
Servient and dominant estates
Expansion of use and increased burden
Surface easements for exploration and production of minerals
Wyoming Statutes 30-5-401-410, Wyoming’s split estate law
Conflicts between Competing Easements
First in time, first in right?
What constitutes interference?
Enforcement
Temporary restraining order or injunction
Quiet title and declaratory judgment
Wyoming Underground Facilities Notification Act
Eminent Domain
What is eminent domain?
Distinction between public use and public purpose
Who has the right to condemn property?
Other sources of taking power
Preliminary requirements to condemn
Ethics
Good faith negotiations
Attorney involvement in negotiations
Just Compensation
Understanding just compensation
Recognized appraisal methodology
Highest and best use
Compensation for partial takings and easements
Use of comparable sales for partial takings
Compensation for temporary takings
Improper appraisal methodology
Evidence in eminent domain cases
Credits
Attorneys
6.0 Wyoming CLE Hours (.5 Ethics Hour)
Insurance Producers
6.0 General Credit Hours
Professional Engineers & Professional Land Surveyors
6.0 Wyoming CPC Units/PDHs
Professional Landmen
6.0 CE Hours (.5 Ethics Hour)
Continuing Education Credit Information
This seminar is open to the public. The Wyoming State Bar approved this course for 6.0 CLE credits, including .5 ethics credits, for attorneys.
The Wyoming Insurance Department has approved this course for 6.0 general continuing education credit hours.
This seminar offers 6.0 CPC Units to Wyoming professional engineers and land surveyors to whom the subject matter is professionally relevant. Wyoming engineers and land surveyors with continuing education requirements in other states will be able to apply the continuing education credits earned at this seminar, in most cases. Refer to specific state rules to determine eligibility.
The American Association of Professional Landmen has approved this program for 5.5 RL, RPL or CPL recertification credits, .5 ethics credit, and no CPL/ESA credits.
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
David G. Ditto
David G. Ditto is a partner in the office of ALG Law in Cheyenne, Wyoming. Mr. Ditto’s practice focuses primarily on real estate litigation relating to easements and eminent domain, including electric transmission easements, oil and gas easements, access easements, subsurface gas storage easements, fiber optics and telecommunications, roads and highways, and other linear assets and facilities. For the past 13 years, he has conducted an annual full-day seminar on easements and eminent domain. Mr. Ditto also lectures at various other seminars on easement issues. He wrote the Wyoming Handbook on Easements, Eminent Domain & Split Estates, and also wrote the Wyoming section of the American Bar Association’s 50-State Compendium on Eminent Domain. Mr. Ditto is a member of the International Right of Way Association, the American Bar Association, and the Colorado and Wyoming State Bar associations. He is admitted to practice in all state and federal courts in Wyoming and Colorado. In his spare time (ha, ha) Mr. Ditto enjoys mountain biking, hiking, snowboarding and wakeboarding with his wife and children.