Minnesota Easements, Eminent Domain and Riparian Rights
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Friday, March 31, 2023 | 8:30 am – 3:30 pm CDT (including a 30-min. break)
Identifying, Classifying and Locating Easements
Presented by: J. Cole Helfrich
- 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
Ethical Issues in Land Transactions and Development
Presented by: Rebecca A. Bowman
- Who is the client?
- Conflict of interest
- Fiduciary obligations: Is there a duty to the public?
Conservation Easements in Minnesota
Presented by: Amy Schwarz and Jocelyn Walters-Hird
- Overview of conservation easements and related laws in Minnesota
- Introduction, goals, parties
- How conservation easements differ from and are similar to other types of easements
- Brief history and current status of conservation easements in Minnesota
- Advantages/disadvantages of conservation easements
- Controlling laws and other conservation tools
- Drafting and negotiating conservation easements
- Due diligence
- Rights and responsibilities
- Drafting and negotiating conservation easements
- After closing
- Stewardship programs
- Amendments and terminations or extinguishments
- Condemnation and tax forfeiture
Understanding Eminent Domain Powers
Presented by: Joshua Weir and Joshua Devaney
- Source and history of eminent domain powers
- Types of eminent domain “takings” and a procedural overview
- Just compensation: valuing “taken” property
- Direct damages versus severance damages
- Other forms of compensation:
- Loss of Going Concern
- Minimum Compensation
- Relocation Act
- MN “Buy the Farm” Statute
- Current issues in eminent domain, including:
- Access takings after Elbert
- “Floating” easements
- Contaminated property
- Takings for public-private partnerships
Understanding Riparian and Water Rights
Presented by: Mark Severson
- History and development of riparian rights
- Determining land boundaries near the water line
- Determining access rights to surface waters
- Determining rights to groundwater
- Complying with regulations restricting access to and use of surface water and groundwater
- Alterations and encroachments
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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6.0 PDHs (1.0 Ethics Hour)
6.0 PDHs (1.0 Ethics Hour)
6.0 CLE Hours (1.0 Ethics Hour)
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.0 PDHs, including 1.0 ethics hour, for professional engineers and land surveyors in Minnesota for whom the subject matter is professionally relevant.
This webinar has been approved by the Minnesota Board of Continuing Legal Education for 6.0 total CLE hours, including 5.0 standard CLE hours and 1.0 ethics hour.
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).
The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Rebecca Bowman, Esq. P.E. D.F.E.Attorney at Law Office of Rebecca Bowman, Principal
Rebecca Bowman is a sole proprietor, practicing in dispute resolution, estate planning, civil engineering, real estate, legal services, strategic development, and training. She is experienced in dispute resolution, estate planning and administration, engineering design and forensic analysis, construction/project management, real estate, small business start-up, employment law, and nonprofit support. She is a registered professional engineer and a certified arbitrator and mediator. Mrs. Bowman writes a column for the PE Reporter, “Risky Business,” and she lectures for the Community College of Allegheny County, Pennsylvania State University, the Washington County Bar Association, the Pennsylvania Society of Professional Engineers and others. She earned her B.S. degree in Civil Engineering from the University of North Dakota, her M.B.A. degree from Oklahoma University, and her J.D. degree from Duquesne University. She recently joined the National Society of Professional Engineers as their Senior Director of Ethics and Professional Practice.
Joshua DevaneyAttorney at Kennedy & Graven
Mr. Devaney chartered and practices in the areas of general municipal law, eminent domain, land-use litigation, and environmental law. Prior to joining Kennedy & Graven in 2016, he volunteered with Mid-Minnesota Legal Aid and WATCH. Mr. Devaney received his B.A. in economics from Reed College. He graduated from the University of Minnesota Law School in 2014. While in law school, Mr. Devaney volunteered with the Asylum Project, helping immigrant women who are survivors of domestic abuse apply for U.S. citizenship.
Cole J. HelfrichPrincipal 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.
Amy SchwarzStaff Attorney at the Minnesota Land Trust
Ms. Schwarz works to protect Minnesota’s most vital natural lands. She resolves complex legal issues, reviews title and surveys, drafts legal documents, and collaborates with partners. Ms. Schwarz previously worked as an attorney at the Minnesota Department of Natural Resources (DNR) where she worked on legal and legislative issues related to the land managed by the DNR. She also coordinated the DNR’s conservation easement stewardship and enforcement programs. Prior to joining the DNR, Ms. Schwarz worked as an attorney in Office of General Counsel at the U.S. Department of Housing and Urban Development (HUD).
Mark SeversonAttorney and Shareholder at Severson Porter Law
Mr. Severson is an MSBA Board Certified Specialist in Real Property Law. Fewer than 3% of all registered attorneys in Minnesota are certified specialists in their field. He focuses his practice in the areas of real estate, business, estate planning, and probate. Mr. Severson can draft the full array of business and commercial documents. He also provides effective litigation services with an aim toward solving the underlying problem. Mr. Severson has successfully tried complex commercial cases involving shareholder disputes and contractual disputes. He has also successfully tried many different types of real estate matters including, but not limited to, land use and zoning matters, easement issues, lake law, municipal law, quiet title, trespass, lot lines issues, water run-off issues, and general neighbor disputes. Mr. Severson utilizes a problem-solving approach in representing large corporations, non-profits, and individuals in business and real estate matters. He is a regular presenter for Minnesota CLE on real estate matters. He has served on multiple boards for non-profits and governmental entities.
Jocelyn Walters-HirdStaff Attorney for the Minnesota Land Trust
Ms. Walters-Hird drafts and reviews all components of its real estate transactions involved with the conservation of land and shoreline throughout the state. She was previously a litigator for the City of Chicago’s law department where she engaged in civil litigation over environmental matters, fraud, contract disputes, and public utility issues and prosecuted violations of the municipality’s environmental code. Ms. Walters-Hird also has private practice experience focusing on various areas of law including real estate, natural resources, and consumer protection. She earned a J.D. and a Master of Environmental Law and Policy from Vermont Law School and received a B.B.A. from the University of Minnesota-Duluth.
Joshua WeirAttorney at Kennedy & Graven
Mr. Weir leads Kennedy & Graven’s eminent domain practice group and practices primarily in the areas of eminent domain, construction, real estate, transportation, utilities, and environmental law. Prior to joining Kennedy & Graven, he worked as an Assistant Attorney General for the State of Washington. In this role, Mr. Weir represented the State Department of Transportation in condemnation cases, bridge strike and other affirmative actions brought on behalf of the state, and a variety of litigation related to public projects and land use.