Kentucky Easements, Rights-of-Way, and Eminent Domain
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Wednesday, December 7, 2022
8:30 am – 4:00 pm CST (including a 60-min. break)
Understanding Utility Easements and Rights of Way
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
Current issues involving utility easements
Trespass, Adverse Possession and Other Unauthorized Access to Land
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
Identifying, Classifying and Locating Easements
Creating easements: easements by necessity, easements by use, written easements
Identifying critical distinctions between easements in gross,
easements appurtenant and prescriptive easements
Knowing when and how to terminate easements
Eminent Domain Law
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
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Each webinar session earns continuing education credit and can be registered for individually. 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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7.0 PDHs (50-Minute Hours)
7.0 PDHs (50-Minute Hours)
6.0 CLE Hours
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 7.0 PDHs for professional engineers and land surveyors licensed in Kentucky. The Kentucky Board of Engineers and Land Surveyors does not pre-approve sponsors or courses.
The Kentucky Bar Association’s Continuing Legal Education Commission has approved this webinar for 6.0 CLE hours.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
Alexander D. Blackwell
Attorney, Denton Law Firm
Alex has been practicing in Western Kentucky and Southern Illinois since his completion of law school in 2017. Alex received an undergraduate degree in Accounting and Finance from the University of Louisville. Alex then attended the University of Louisville’s Brandeis School of law where he received his law degree. Alex’s practice primarily focuses on civil litigation, corporate law, municipal law, representing the Commonwealth of Kentucky Department of Transportation in condemnation actions, and representing utility companies throughout the area in their various legal affairs.
Attorney, Stoll Keenon Ogden
Monica is a Member in Stoll Keenon Ogden’s Lexington office and has been with the firm since 2009. She serves on the firm’s Board of Directors and Executive Committee and currently serves as Chair of the firm’s Personnel Committee. Monica is an experienced Member that untangles the regulatory process for her clients, both in administrative proceedings and in the courtroom. With over a decade of experience in advising utilities, Monica understands the business of providing gas, electric, and water service and how to navigate legal challenges and regulatory requirements. Monica also represents clients in other heavily regulated industries, including the equine industry. Outside of the office, Monica is a board member for the KY Market of the March of Dimes and volunteers her services to Kentucky Refugee Ministries.
J. Cole Helfrich
J. Cole Helfrich, Principal land surveyor with Craig R. Knoche & Associates, P.C.
Cole Helfrich has been principal land surveyor with Craig R. Knoche & Associates, P.C. in Geneva, IL, for the last 28 years. Mr. Helfrich first picked up a plumb bob in 1971 for Webster & Associates. From tape-and-transit to GPS, mortgage surveys to shopping centers, he has his seal on well over a billion dollars of commercial, residential and institutional developments and transactions in 22 counties in Illinois. Mr. Helfrich has enjoyed working with countless prominent developers, attorneys and other professionals in the field and the office. His specialties include real estate law; boundaries and boundary law; easements, rights-of-way and other encumbrances and servitudes; statutory and common-law plats; ALTA surveys; topography; building and site layout; construction- and project-management as well as land development consulting. Mr. Helfrich is a member of the National Society of Professional Surveyors and the Illinois Professional Land Surveyors Association.
Ann R. Myre
Attorney, Denton Law Firm
Paducah native, Ann Myre, graduated from Agnes Scott College, located in Atlanta, Georgia in 1982 with a B.A. in History. With a desire to practice law, she attended Chase College of Law, Northern Kentucky University, and graduated with a J.D. in 1985. After obtaining her law degree, Ann returned to Paducah, Kentucky to begin her legal profession practicing law. In her early years, she entered into private practice, representing plaintiffs in negligence cases.
In November 1987, Ann took a job with the Kentucky Transportation Cabinet as the Staff Attorney in District One, which is comprised of the twelve western-most counties in Kentucky.
As Staff Attorney, Ann represented the Cabinet in all aspects of condemnation cases for the twelve counties in the district. She was responsible for and managed all condemnation acquisitions in the District. In addition, Ann served as counsel for in-house right-of-way Cabinet staff, and assisted right-of-way consultants in District acquisition legal issues. Her duties at the Cabinet also included handling permits and other highway legal issues, such as quiet title actions and suits against the Commonwealth. After 29 years of successful practice, Ann retired from the Transportation Cabinet in October 2016.
In November 2016, Ann joined Denton Law Firm bringing with her a vast experience of knowledge in the area of land matters for clients of the firm. Her practice areas encompass residential and commercial real estate transactions, title examinations, as well as assisting in other litigation matters in the firm.
Shawn M. Spalding
Attorney and Associate in Stoll Keenon Ogden’s Louisville office.
He is part of the Real Estate, Corporate Finance & Lending, and Business Services practice groups. Building on his undergraduate studies in business administration and finance, Shawn has become a go-to resource for commercial lenders and other Kentucky-based clients looking for help with complex real estate transactions. His experience includes negotiating and structuring transactions throughout the United States with interests at stake ranging from less than $1 million to over $250 million.
Before joining SKO, Shawn worked for several years in private practice at another large regional law firm, where he honed his expertise in commercial mortgage-backed securities (CMBS) loans. He also spent some time as in-house counsel for a regional real estate firm. In this role, he developed a keen understanding of how to provide efficient legal representation that drives value for the client.
Shawn handles a full spectrum of real estate transactions, but focuses on commercial real estate financing and lending. He has extensive experience helping clients navigate multifaceted real estate title and zoning matters. Along with his work within the realm of real estate, Shawn counsels lenders in