Agenda

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8:00 – 8:30 am MDT
Morning Session
8:30 am – 12:00 pm MDT
Break
12:00 – 1:00 pm MDT
Afternoon Session
1:00 – 4:30 pm MDT

 

Agenda
Identifying, Classifying and Locating Easements                     J. Connors
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

Understanding Water Rights                     J. Connors
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

Understanding Utility Easements and Rights of Way                     A. Probst
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                     B. Stormes
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

Ownership of and Access to Surface Lands and Minerals                     R. Cantafio
Legal rights of mineral and surface owners
Legal and practical exercise of access rights
Where do one party’s rights end and the other’s begin?
Rights of adjacent property owners
Resolving disputes

 

 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

Montana Professional Engineers & Land Surveyors
6.5 PDHs

Montana Attorneys & Paralegals
6.5 CLE

Montana Title Insurance Producers

6.0 CE Hours

Continuing Education Credit Information
This webinar is open to the public and offers 6.5 continuing education credits to Montana professional engineers and land surveyors.

The State Bar of Montana has approved this course for 6.5 CLE hours. Attorney CLE approval extends to members of the Paralegal Section of the State Bar of Montana.

The Montana Insurance Continuing Education Program has approved this course for 6.0 general Title continuing education credits.

HalfMoon Education Inc. has applied to the Montana Insurance Continuing Education Program for course approval in general Title continuing education, which is pending.
Visit this course listing at www.halfmoonseminars.org for updates on pending credits.

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

Ralph Cantafio

Attorney, Cantafio & Song PLLC
Mr. Cantafio is a partner with Cantafio & Song PLLC. He is also lecturer (adjunct professor) teaching in the Global Energy Management Program at the University of Colorado, Denver. With over 30 years of legal experience, including acting as lead counsel in more than 100 jury trials, his practice focuses on oil and gas law as well as a wide scope of commercial transactions and litigations. His education includes not only a juris doctorate degree from the University of Colorado School of Law, but a Master of Science degree in Mineral Economics from the prestigious Colorado School of Mines and a Master of Science degree in Global Energy Management from the University of Colorado-Denver, where he now teaches. He has also earned two professional oil and gas certificates in Petroleum Land Management and Energy Finance from the University of Denver. Mr. Cantafio has numerous professional affiliations, publications as well as numerous industry presentations. He is a member of the Judicial Performance Committee for the 14th Judicial District having been nominated by the Chief Judge of the 14th Judicial District and approved by the Chief Justice of the Colorado Supreme Court. Mr. Cantafio is also one of 139 attorneys, also approved by the Chief Justice of the Colorado Supreme Court, acting on the Colorado Supreme Court Hearing Board responsible for adjudicating cases involving claims of ethical violations by Colorado attorneys. Mr. Cantafio served as the Municipal Judge of Oak Creek, Colorado from 2008 through 2017 as well as a Board of Director Member of the Old Town Hot Springs (formerly the Steamboat Springs Health and Recreation Center) also from 2008 through 2017.

Jack Connors

Shareholder, Doney Crowley P.C.
Mr. Connors is a shareholder with Doney Crowley P.C. His practice areas include environmental litigation, regulations, permitting, construction law, natural resource development, real property and easement litigation, administrative law and appeals from agency actions, water law and Water Court litigation. Mr. Connors is a member of the Montana Bar Association. He brings a unique perspective to the practice of law. After obtaining a degree in Mathematics from Montana State University, he founded and operated Connors Construction, LLC, which specialized in building multi-million dollar custom residences in Big Sky, Montana. He always had an interest in the complex nature of the law and chose to couple his ten years of small business, real estate, and natural resources expertise with a Juris Doctorate degree. In 2013, Mr. Connors graduated with honors from the University of Montana School of Law. Since then he has focused on construction litigation, real property disputes, environmental litigation, business disputes, and water law.

Alyssa Probst

Attorney, Milodragovich•Dale•Steinbrenner, P.C.
Ms. Probst is an attorney with Milodragovich•Dale•Steinbrenner, P.C. in Missoula. Her practices areas include insurance litigation; construction law, personal injury and wrongful death, animal law, natural resource and energy law, toxic tort and environmental law, water law, administrative law, consumer protection law, and real estate litigation. Ms. Probst is admitted to practice before the State Bar of Montana and U.S. District Court, District of Montana. She earned her B.A, M.P.A and J.D. degrees from the University of Montana.

Ben Stormes

Attorney, Lund Law, PLLC
Mr. Stormes is an associate attorney with Lund Law, PLLC, in Bozeman, Montana. During law school, Mr. Stormes’ area of focus and research was on property rights and other constitutional liberties. While still in law school, he clerked for The Institute for Justice and Pacific Legal Foundation defending property rights and other civil liberties, including eminent domain, regulatory takings, civil asset forfeiture, and free speech. After law school and before joining Lund Law PLLC he clerked for the Honorable Ashley Harada of Montana’s 13th Judicial District. Mr. Stormes’ practice emphasizes property rights and other general litigation.

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