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
Differences between easements, licenses, leases
Creation of Easements
Written grant, contract or reservation
Survey plats and dedication
Easements created by implication
Easements created by prescription
Irrevocable license / license coupled with an interest / estoppel
Characteristics of Easements
Location and dimensions / vague or undefined easements
Easements as appurtenant or gross
Scope of use
Exclusive and non-exclusive
Construction and Interpretation of Easements
Express easements
Missing or incomplete terms
Access to Oil, Gas and Minerals
Servient and dominant estates
Surface easements for exploration and production
Wyoming’s split estate law – W.S. 30-5-401-410
Conflicts between Competing Easements
First in time, first in right?
What constitutes interference?
Enforcement of Easements
Temporary restraining order / injunction
Quiet title
Declaratory judgment
Eminent Domain
What is eminent domain?
Who is authorized to condemn property
Preliminary requirements to condemn
Procedure of an eminent domain case
Condemnation for transmission lines, pipelines, access
Ethics
Good faith negotiations
Just Compensation
Standards for measuring just compensation
Recognized valuation methodologies
Compensation for partial takings and easements
Credits
Attorneys
6.0 Wyoming CLE Hours
(.5 Ethics Hour)
Professional Engineers &
Professional Land Surveyors
6.0 Wyoming CPC Units/PDHs
Wyoming Title Insurance
Producers
5.0 General Credit Hours
1.0 Ethics Hour
Professional Landmen
5.5 Recertification Credits
.5 Ethics Credit
Continuing Education Credit Information
This seminar is open to the public. The Wyoming State Bar has approved this course for 6.0 CLE hours, including .5 ethics hour, for attorneys.
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 Wyoming Department of Insurance has approved this course for 5.0 general classroom continuing education credits and 1.0 ethics credit, for a total of 6.0 credits, intended for title insurance producers.
The American Association of Professional Landmen has accredited this course for 5.5 RL, RPL or CPL recertification credits, 0.0 CPL/ESA credits, and .5 ethics credit for a total of 6.0 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.