California Utility Easements, Highway Rights-of-Way, and Eminent Domain
Agenda
This seminar was originally to take place on May 20, but was cancelled due to COVID-19.
Hotel location is subject to change.
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Understanding Utility Easements and Rights of Way
W. M. Hensley
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
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
Creating and Managing Highway Rights-of-Way
M. Pallamary
Identifying potential rights-of-way
Negotiating and valuing easements
Rights included in right-of-way
Landowner rights
Maintenance of right-of-way
Alterations and encroachments
Trespass, Adverse Possession and
Other Unauthorized Access to Land
B. Grabske
Elements of civil trespass to land
Reviewing the history of adverse possession
Maintaining a claim for adverse possession
• Statute of limitations
• Elements of a claim
Defending against a claim for adverse possession
Examining recent adverse possession cases
Eminent Domain Law
K. Day
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Just compensation: valuing “taken” property
Privatization of eminent domain and other current issues
Participating in the Condemnation Process
M. Easter
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Credits
This seminar was originally to take place on May 20, but was cancelled due to COVID-19.
Hotel location is subject to change.
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:30 pm
Understanding Utility Easements and Rights of Way
W. M. Hensley
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
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
Creating and Managing Highway Rights-of-Way
M. Pallamary
Identifying potential rights-of-way
Negotiating and valuing easements
Rights included in right-of-way
Landowner rights
Maintenance of right-of-way
Alterations and encroachments
Trespass, Adverse Possession and
Other Unauthorized Access to Land
B. Grabske
Elements of civil trespass to land
Reviewing the history of adverse possession
Maintaining a claim for adverse possession
• Statute of limitations
• Elements of a claim
Defending against a claim for adverse possession
Examining recent adverse possession cases
Eminent Domain Law
K. Day
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Just compensation: valuing “taken” property
Privatization of eminent domain and other current issues
Participating in the Condemnation Process
M. Easter
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
California Attorneys
6.5 CLE Hours
Professional Engineers
and Land Surveyors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public. The State Bar of California has approved HalfMoon Education as an MCLE sponsor, and this program offers 6.5 CLE hours to attorneys and paralegals.
This program offers a non-credit continuing education opportunity to California engineers and land surveyors. Continuing education is not required for license maintenance in California. Those seeking continuing education credit in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state continuing education 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
Kevin Day
Partner at Frost Brown ToddMr. Day helps his clients – public entities, transportation agencies, publicly regulated utilities, and private business owners – resolve eminent domain and complex business disputes throughout Southern California. The majority of the public projects on which he has worked have been large-scale and linear in nature, resulting in multi-million dollar challenges and claims that increase in complexity and scope as the project proceeds. His complex business litigation cases have been similarly intertwined with complicated issues featuring dense fact patterns that he must compress to their essence when presenting to the jury. Mr. Day has worked on a variety of public projects, including roadway realignments, subterranean pipelines, public transportation facilities, school campus acquisitions and the infrastructure and property rights necessary for the development, production and transmission of renewable energies throughout the state. He has experience in all phases of public projects and heavily-litigated eminent domain actions, including pre-project planning and acquisition, early project implementation, and all aspects of eminent domain and inverse condemnation trial work. In each case, he approaches the situation with the end result in mind – to resolve the matter in a way that aligns with his client’s business and strategic objectives.
Mark Easter
Best Best & KriegerBest Best & Krieger
Mr. Easter’s practice focuses on public agency acquisitions, including eminent domain and inverse condemnation litigation. Mr. Easter is a partner in the Riverside office. He represents public agencies throughout California on a wide variety of public acquisitions, including projects for cities, counties, school districts, special districts, water districts, transportation agencies and housing authorities. He has extensive court and jury trial experience in eminent domain-related matters. Mr. Easter is a member of the Inland Empire Chapter of the International Right of Way Association (IRWA), an organization devoted to excellence in all aspects of public right-of-way work, including legal issues related to eminent domain and inverse condemnation litigation. He frequently writes articles for the IRWA and speaks at IRWA seminars. In 2018, he was named Professional of the Year by the Chapter.
Bradford Grabske
Partner at Murphy & Evertz Attorneys at LawMr. Grabske specializes in real estate and complex business litigation. His practice is focused on assisting landowners, businesses, and public agencies with eminent domain, inverse condemnation, contract disputes, land use and environmental issues. Mr. Grabske has successfully represented clients in high stakes trials and before the Court of Appeals. Mr. Grabske has also been recognized as a “Rising Star” in Los Angeles magazine’s Southern California Super Lawyer edition.
W. Michael Hensley
AlvardoSmithMr. Hensley is an accomplished trial lawyer. With close to 40 years of experience helping his clients resolve disputes – through trials, arbitrations, mediations, and appeals – he’s argued cases before the U.S. Supreme Court as well as all Southern California State and Federal courts. In addition, he’s often asked to assist clients across the country and as a result has made a number of pro hac vice appearances before various Federal and State courts throughout the United States. Throughout his career, Mr. Hensley has been involved in lawsuits related to a wide range of corporate disputes, from real estate, securities, and corporate governance issues, to trade secrets, employment matters, unfair competition, and California financing laws. He has significant experience defending class action lawsuits. Finally, Mr. Hensley has an active real estate and appellate practice covering both transactional and litigation matters: he’s helped clients structure and defend mechanics liens, purchase agreements, commercial leases, homeowner’s disputes, commercial common area maintenance disputes, subordination agreements, financing arrangements, and more.
Michael J. Pallamary, PLS
Owner, Pallamary & AssociatesPallamary & Associates is owned and operated by Michael J. Pallamary, a professional land surveyor licensed by the State of California. Mr. Pallamary has 42 years experience in the land surveying, land planning, land use consultation and engineering professions. He is a nationally recognized authority on land surveying and local land development regulations. Mr. Pallamary is a founding member of the Land Surveyors Advisory Council on Technical Standards (LSACTS). He writes a regular column for The American Surveyor magazine. He owned and operated Precision Survey & Mapping from 1983 to 1999. Mr. Pallamary has also been the owner and president of Land Survey Service of La Jolla since 1983. He is recognized as the preeminent authority on the redevelopment of property in La Jolla and San Diego’s coastal regions. Mr. Pallamary is also the owner and operator of www.tiepoints.com, the state of California’s premiere Land Surveyor Resource and Research Site. This site is also used as a tool to locate City of San Diego Tie Points. Pallamary & Associates specializes in land use litigation and the processing of complex land use permits, land planning, discretionary permits and coastal development permits issued by the City of San Diego and the California Coastal Commission. The company also provide project management services and land development consultation services for conventional projects and also in connection with insurance matters. As the owner of Land Survey Service of La Jolla, Mr. Pallamary owns the largest private collection of property records and survey maps of La Jolla properties. Mr. Pallamary is also a former member of the City of San Diego’s Board of Zoning Appeals in addition to having spent many years as a member of a variety of planning organizations including a term as the elected chairman of the Clairemont Mesa Planning Group, an elected member of the North Bay Project Area Committee and an appointed member of the Mission Bay Park Committee and Mission Bay Park Planners. In these capacities, he has co-authored the Mission Bay Park Master Plan, the Clairemont Mesa Community Plan and the North Bay Redevelopment Master Plan. Mr. Pallamary is also a co-author of the City of San Diego’s Mapping and Land Title Document Preparation Manual.