Nebraska Land and Water Law: Ownership and Access
Agenda
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8:00 – 8:30 am CDT
Morning Session
8:30 am – 12:00 pm CDT
Break
12:00 – 12:30 pm CDT
Afternoon Session
12:30 – 4:00 pm CDT
Identifying, Classifying and Locating Easements T. Peterson
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 Riparian and Water Rights H. Zetsche
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
Participating in the Condemnation Process W. Blake
Overview of condemnation and eminent domain
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Resolving Boundary Disputes J. Garbison
Types of boundary disputes
• Adverse possession, easements, boundaries
Obtaining and reviewing boundary evidence
Methods for establishing disputed boundaries
Participating in dispute resolution techniques
• Litigation, arbitration, mediation, agreements, title insurance
Examining boundary dispute case studies: exploring techniques
for resolving sample disputes
Webinar Instructions
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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
6.5 PDHs
Land Surveyors
6.5 PDHs
Attorneys
6.5 CLE Hours
Insurance Producers
Pending
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 PDHs to Nebraska engineers. The State of Nebraska Board of Engineers and Architects does not preapprove individual activities or sponsors.
This webinar offers 6.5 PDHs to Nebraska land surveyors. The Nebraska State Board of Examiners for Land Surveyors does not preapprove individual activities or sponsors.
This webinar has been approved by the Nebraska Supreme Course Continuing Legal Education Commission for 6.5 CLE hours.
This webinar has been submitted to the Nebraska Department of Insurance for accreditation; approval is currently 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 and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Speakers
William D. Blake
Attorney
Mr. Blake has built a wealth of litigation experience in eminent domain, condemnation, real estate and commercial disputes in over 35 years of practice. He values the opportunity to advise clients on their rights as property owners and devotes a significant amount of time to educating others about his area of practice. Mr. Blake is a frequently-invited lecturer, locally and nationally, regarding all aspects of condemnation and property rights, and he is a frequent author on these topics. Mr. Blake became a partner at Baylor Evnen in August of 2007, and was previously a partner with Pierson, Fitchett, Hunzeker, Blake & Katt from 1984-2007. Before beginning private practice, Mr. Blake was assistant city attorney for the City of Lincoln, 1975 – 1979 and the chief assistant city attorney, 1979-1984.
Jacob C. Garbison
Attoney, Mattson Ricketts
Mr. Garbison’s practice areas include agricultural law; broker misconduct; civil and commercial litigation; estate planning; general counsel; investor rights; natural resources and environmental law; wills, trusts and powers of attorney. He attended the University of Nebraska-Lincoln and earned a bachelor of arts degree in History. He had first joined Mattson Ricketts Law Firm part-time as a clerk while studying at the University of Lincoln College of Law. After graduating with high distinction, Mr. Garbison joined the Mattson Ricketts team full-time as an associate attorney. He is licensed to practice in Nebraska state and federal courts and the Eighth Circuit Court of Appeals. Mr. Garbison is a member of the Order of the Coif and Three-time CALI Excellence for the Future Award Winner.
Trev E. Peterson
Attorney, Knudsen Law Firm
Mr. Peterson’s practice areas include agricultural law, appellate practice, bankruptcy, business and commerce, condemnation, trademark and copyright, real estate, trial advocacy. He has served as his firm’s managing partner and on the firm’s management committee for several terms. Mr. Peterson is a fellow of the American College of Real Estate Lawyers, and a fellow of the Litigation Counsel of America. He was selected in 2007 as a Super Lawyer of the Great Plains, he is a member of the American Bankruptcy Institute and the American, Nebraska and Lincoln bar associations. Mr. Peterson has served as president, vice president and secretary of the Bank Attorney’s Section of the Nebraska State Bar Association, and he is currently the vice president of the Bankruptcy Section of the Nebraska State Bar Association. Mr. Peteron obtained his juris doctorate degree from the University of Nebraska – Lincoln with high distinction in 1981. He was selected as a member of the Order of the Coif, a law school scholastic honorary society and was a member of the Nebraska Law Review from 1979-81. Mr. Peterson obtained his bachelor of arts degree in 1978, also from the University of Nebraska – Lincoln, where he was selected as a member of Phi Beta Kappa.
Hannes D. Zetsche
Attorney, Baird Holm
Mr. Zetzsche counsels clients on agricultural, energy, environmental, and natural-resources legal matters. He represents clients in large-scale transactions to develop, finance, acquire, lease, and sell land and natural resources. Mr. Zetsche has experience dealing with general real-estate matters, environmental liability, and an array of natural resources, including carbon sequestration, mineral rights, renewable energy, water rights, and wetlands. He also assists clients with hemp and liquor regulatory issues. After attending college at the University of Portland, Mr. Zetsche managed a 1,500-acre hay farm in central Oregon. He then moved to Nebraska to attend law school. At the University of Nebraska College of Law, he earned the CALI Excellence for the Future Award in five subjects (administrative law, civil clinic, environmental law, Native American law, and water law) and was named the Civil Clinic Student of the Year. Mr. Zetsche helped to lead the law school’s environmental and equal-justice societies, served as a junior staff editor on the University of Denver Water Law Review, and was recognized by the Nebraska State Bar Association as an outstanding advocate. Before joining the firm, Hannes worked as a judicial clerk to the Chief Justice of the Nebraska Supreme Court, Hon. Michael G. Heavican.