Choose the way you want to learn!
This program will be presented simultaneously live, in-person and live online!
There is also the Self Study options. (see below)
* If you choose to attend the live in-person seminar, please note that the seminar manual will be provided as PDF document, which will be emailed to you shortly before the seminar. If you wish to pay $20 to obtain a paper copy of the manual, please call HalfMoon customer service at 715-835-5900.
Houston, TX and Online | Tuesday, October 19, 2021
8:30 am – 4:45 pm CDT (incl. a 60-min break)
Texas Easements J. Stuckey
Categories of easements
• Affirmative and restrictive easements
• Appurtenant and in gross easements
• Private and public easements
• Undefined easements
Specific types of easements
• Express and implied easements
• Necessary and permissive easements
• Easements by deed, dedication, reservation, prescription, estoppel, adverse possession and condemnation
• Conservation and preservation easements
Texas Drainage Law S. Clinton
Statutory and common law: differences and similarities
Impact of natural v. developed condition
Impact of concentrated v. diffused water
Discharging drainage water to lower land
Accepting drainage water from higher land
Texas Pipeline Easement Law T. Solis, L. Valenta
What is an easement in gross?
Statutory and common law
• Dominant estate rights
• Servient estate rights
• Who owns this easement?
• What area is covered?
• What no. and type of pipelines are permitted?
• How can we locate and define the easement?
• What is abandonment?
• 3rd parties who can help
• Lenders and their counsel
Eminent Domain Law M. Merrell
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 N. Laurent, R. Brandys
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Ethical Issues in Land Transactions and Development D. Bowles
Accommodating the interests of land owners and communities
Enforcing environmental protections Local control: is it necessary and who benefits?
Professional Engineers & Land Surveyors:
6.75 PDHs (1.0 ethics hour)
6.75 CLE Hours (Real Estate Law) (1.0 ethics hour)
Continuing Education Credit Information
Texas Easements, Rights-of-Way, and Eminent Domain
This course is open to the public and offers Texas professional engineers and land
surveyors 6.75 PDHs, including 1.0 ethics hour. Educators and courses are not subject to
Engineers and land surveyors seeking continuing education credit in other states will be
able to claim credit earned at this program, in most cases. Please refer to specific state
continuing education rules to determine course eligibility.
This seminar has been approved by the Texas Board of Legal Specialization for
certification and recertification continuing legal education. This seminar offers 6.75 CLE
hours in the field of Real Estate Law.
This (online) course has been approved by the Texas Board of Legal Specialization for
certification and recertification continuing legal education requirements for attorneys
and paralegals in the following specialty fields: 6.75 CLE hours in Real Estate Law.
In-person 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
Course completion certificates will be awarded to participants who complete the webinar
online in its entirety, respond to all the prompts during the instruction, and earn a score
of 80% on the quiz that follows the instruction (multiple attempts allowed).
Deward “Karl” BowlesProfessional Land Surveyor at B&B Surveying Company
Mr. Bowles is an independent professional land surveyor and owner of B&B Surveying Company in Houston. He began working in the field of land surveying in 1978 and is certified as a registered professional land surveyor in the State of Texas. Mr. Bowles has given seminars to lawyers, real estate professionals and other land surveyors on land surveying principles, practice and codified standards. He has been an expert witness in a number of legal actions centering around boundary disputes and land surveyor negligence claims. Mr. Bowles has given expert testimony regarding boundary resolution, minimum standards and minimum content regarding land surveys. He is a member of the Texas Society of Professional Surveyors and a former member of the American Congress on Surveying and Mapping.
Roy R. BrandysPartner at Barron, Adler, Clough & Oddo, LLP
Mr. Brandys has exclusively represented landowners in eminent domain, inverse condemnation, and related land use matters for over 16 years. He has represented landowners in negotiating settlements, in special commissioners’ hearings, and in jury trials on hundreds of road and highway takings, power line takings, pipeline takings, takings of billboard easements, and other similar takings. Mr. Brandys is a graduate of Knox College and received his J.D. degree from Wake Forest University where he was a member of the Law Review.
Scot ClintonSenior Attorney at Wilson Cribbs + Goren
Mr. Clinton is a senior attorney with Wilson Cribbs + Goren who has been practicing law since 2004. He represents clients in a variety of real estate, construction, business and commercial litigation matters. Mr. Clinton enjoys working with clients, learning about their businesses, and working with them to develop specialized strategies that suit their needs and are tailored to their business goals. When beginning a new representation, Mr. Clinton starts his work with the desired end result in mind. “As an experienced trial lawyer, I bring a perspective that most lawyers, and many litigators, do not have. I believe this helps me work more efficiently for the client and I’m better able to assess what really matters and how to reach a satisfactory resolution.” Understanding and empathizing with clients and their situation is an important part of representing them. “My father was an attorney and a judge, so I learned from him about the practice of law and the special responsibility attorneys serve in helping others. We can protect people’s rights and interests, defend against abuse of power, help the underprivileged, and influence the functioning of government. There is probably no other profession where an individual can have such a profound role in society.” Mr. Clinton earned his B.A. from the University of Texas at Austin in 1999 and received his J.D. from the University of Texas School of Law in 2004.
Nicholas P. LaurentPartner at Barron, Adler, Clough & Oddo, LLP
Mr. Laurent is a partner in the Austin office of Barron, Adler, Clough & Oddo, LLP where he exclusively represents landowners in eminent domain, inverse condemnation, land use, and real property transactions and litigation. Mr. Laurent has represented landowners in all phases of the condemnation process, including pre-suit negotiations, in special commissioner hearings, before state and federal trial courts, and on appeal before Texas intermediate appellate courts and the Supreme Court of Texas. His clients range from individual landowners and ranchers to Fortune 50 companies, franchise and independent hotel and restaurant owners, family offices, mineral owners, nationwide and local real estate investment trusts, self storage owners, churches and large religious institutions, commercial, industrial, residential and multifamily developers, international real estate investors, multinational corporations, and other large institutional entities.
Mark L. MerrellAttorney at McFarland PLLC
Mr. Merrell is an experienced litigator, who has practiced exclusively in the area of condemnation for over a decade. Mark consistently provides favorable results and cost-effective services to his clients. He has significant experience in all aspects of the condemnation process, from first-chairing countless special commissioners’ hearings to preparation for, and participation in, trial. While Mr. Merrell primarily represents landowners impacted by the eminent domain process, he also has extensive experience representing regional water authorities and municipal utility districts in the acquisition of property through the power of eminent domain. Mr. Merrell attended Texas A&M University, where he graduated summa cum laude. Following college, he attended the University of Chicago Law School. While there, Mr. Merrell participated in the law school’s Appellate Advocacy Clinic, where he briefed and argued an appeal before the Seventh Circuit Court of Appeals, under the supervision of former D.C. Circuit Judge Abner Mikva. Following graduation from law school, Mr. Merrell worked for five years as an associate with Andrews Kurth LLP in its public law litigation section specializing in eminent domain.
Tiffany SoltisShareholder at Wilson Cribbs + Goren
Ms. Soltis is a shareholder at Wilson Cribbs + Goren and a general real estate law practitioner who works on all aspects of commercial real estate transactions, on projects involving real estate acquisition, development and disposition, and on all types of commercial real estate, including retail, lot development, multifamily, office and industrial projects. She is certified in commercial real estate law by the Board of Legal Specialization of the State Bar of Texas.
One focus of Ms. Soltis’ practice is helping clients with land development. She ensures that due diligence is complete and deadlines are met, and has developed a reputation for her skilled ability to facilitate clearing title on undeveloped land, including addressing a multitude of mineral and pipeline issues.
Ms. Soltis has recently worked on several significant land acquisitions for master planned communities in the Houston area. She works closely with land owners, developers, lenders and builders to ensure the coordination of the many moving parts that culminate in a closing.
Ms. Soltis received her B.B.A. in finance from the University of Texas in 1989 and her J.D. from the University of Houston Law Center, magna cum laude, in 1996. She joined Wilson Cribbs + Goren three years later after spending time at a large Houston firm. She is a member of the Houston Bar Association’s Real Estate Section and the Houston chapter of Commercial Real Estate Women (CREW).
Joe W. StuckeyAttorney at Law, Rosharon (Houston Area), Professional Engineer, and Registered Public Land Surveyor
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
Lindsey Kellam ValentaAttorney at Wilson Cribbs + Goren
Ms. Valenta assists clients with acquisitions, dispositions, and leases of all types of real estate (including multifamily, retail, office, industrial, warehouse, mixed-use, and unimproved land). She enjoys helping her clients assess and solve legal risks for a wide variety of commercial real estate projects. She has built a reputation for being thorough, diligent, and efficient when performing tasks and for being patient, personable, and persistent when working with people on both sides of the table.
“I am very driven by nature and this quality translates well when representing my clients,” she says. “I go the extra mile to make sure my clients’ needs are met. My clients know they can depend on me to follow through and get the job done.”
Growing up in a family of business owners helps Ms. Valenta relate to her clients and their challenges when starting a new business or project. “My family has been involved in real estate development since I was young. I became very interested in the real estate industry and ultimately, real estate law. I interned with a real estate law firm while I was in college and I was fascinated by the work. I’ve been dedicated to this business ever since.”
Outside the office, Ms. Valenta enjoys seeing the tangible aspects of the real estate business. “Seeing the final result of a deal I worked on is very satisfying. I love that my work produces something that I can see every day in passing.”
Ms. Valenta earned her B.A. from the University of Texas at Austin in 2015 and her J.D. from the University of Houston Law Center in 2018. While in law school, she was on the Moot Court Executive Board, a recipient of the University of Houston Dean’s Scholarship, and often on the Dean’s List for her academic achievements.
As a former University of Texas cheerleader, Lindsey enjoys going back to Austin for UT football games. She also enjoys traveling the world and jogging at Houston’s many parks.