Georgia Easements, Rights of Way, and Eminent Domain
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Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Friday, September 24, 2021
Log into Webinar
8:00 – 8:30 am EDT
Morning Session
8:30 – 11:45 am EDT
Break
11:45 am – 12:45 pm EDT
Afternoon Session
12:45 – 4:30 pm EDT
Agenda
Identifying, Classifying and Locating Easements T. Rhodes
What is and is not an easement
Reviewing state law on easements
Creating easements: easements by necessity, easements by use, written easements
Identifying critical distinctions between easements in gross,
easements appurtenant and prescriptive easements
Maintaining easements
Knowing when and how to terminate easements
Obstructing use of easements and determining remedies for obstruction
Participating in the Condemnation Process A. Robinson
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Understanding Utility Easements and Rights of Way W. Power
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
Eminent Domain Law W. Power
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
Creating Highway Rights-of-Way D. Evans
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
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
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Credits
Professional Engineers &
Land Surveyors
6.5 PDHs
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 PDHs
to Georgia professional engineers and land surveyors
to whom the subject matter is professionally relevant.
Educators and courses are not subject to preapproval
in Georgia.
Completion certificates will be awarded to participants
who complete this event, respond to prompts, and
earn a passing score (80%) on the quiz that follows the
presentation (multiple attempts allowed).
Speakers
Donald Evans Jr.
Evans Law Firm in Cartersville, GAMr. Evans is a native of Cartersville, Georgia, and he attended the University of the South, Sewanee, Tennessee and the law school at the University of Georgia. Following law school Mr. Evans spent two years as a clerk to Federal District Court Judge Harold L. Murphy in Rome, Georgia. Mr. Evans’ practice is focused on eminent domain, criminal defense, and general litigation. Mr. Evans is a leader in defending the property rights of families throughout the State whose land is sought by electric companies such as Georgia Power and the Georgia Transmission Corporation. He represents landowners throughout the State of Georgia, in over 50 counties, including: Bartow, Barrow, Cobb, Coweta, Catoosa, Forsyth, Gordon, Gwinnett, Hall, Jackson, Oconee, Paulding, and Washington counties.
Warren Power
Power Law, P.C.Mr. Power has more than 30 years of professional legal experience focusing on eminent domain and real estate litigation. He has represented numerous state and local governments in their acquisitions, and he has represented property owners against various local governments as well as against the United States of America. He has tried over 60 eminent domain jury trials, has handled numerous mediations, and has served as a mediator in eminent domain matters. Mr. Power is admitted to practice law in Georgia and Virginia. Mr. Power holds a JD degree from Mercer University’s School of Law. He is a member of the State Bar of Georgia, Atlanta Lawyer’s Club, and the State Bar of Virginia, where he grew up and went to college. Mr. Power has been recognized as a Georgia Super Lawyer as published in Atlanta Magazine. He has been named by Georgia Trend as among Georgia’s “Legal Elite,” and holds the highest rating possible (AV) by Martindale-Hubble. Mr. Power, and his firm, have been recognized by U.S. News & World Report as a Tier 1 “Best Lawyer & Law Firm” for Eminent Domain. He has lectured numerous times over the past 20 years.
Tracy Rhodes
Rhodes Law FirmMs. Rhodes focuses her practice in the areas of land litigation and divorce law. An experienced litigator and trial attorney, Ms. Rhodes is an assertive advocate for her clients. She has tried cases in over 15 North Georgia and Metro Atlanta counties before judges and juries on issues ranging from divorce and child custody to boundary line disputes, land titles, and contested probate estates. Ms. Rhodes earned her J.D. degree from the University of Georgia School of Law.
Angela Robinson
ParkerPoeMs. Robinson has substantial experience representing both condemning authorities and property owners in eminent domain proceedings, as well as advising clients on real estate transactions. She is a leader in Georgia’s eminent domain community, serving as secretary and treasurer of the State Bar of Georgia’s Eminent Domain Section. Her clients include large and small businesses, developers, mixed-use and shopping center owners and tenants, real estate investment trusts, hotel operators and owners, convenience store owners, restaurant franchisors and franchisees, and local governments. Ms. Robinson has represented property owners and businesses of all sizes in eminent domain and condemnation proceedings brought by condemning authorities at the state, county, and local levels. She has also represented the Georgia Department of Transportation and other condemning authorities in eminent domain proceedings, giving her a well-rounded perspective on how to reach resolutions that make sense for all the parties involved. Ms. Robinson’s litigation experience includes representation of clients in proceedings before the Georgia state and superior courts, Georgia appellate courts, federal district courts, and federal bankruptcy courts. Ms. Robinson also represents clients in real estate acquisitions, dispositions and leasing matters. She also advises clients on land use and zoning matters.