Agenda

Webinar instructions will be emailed before the date of the webinar.

Please log into the webinar 15 – 30 minutes before the start time.

Thursday, May 23, 2024
8:30 am – 4:00 pm EDT

 

Identifying, Classifying and Locating Easements
Presented by: Timothy P. Duggan & John A. Cannito

  • 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

Trespass, Adverse Possession and Other Unauthorized Access to Land
Presented by: Alan P. Fox

  • 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

Understanding Utility Easements and Rights of Way
Presented by: Joseph W. Grather

  • 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 issue
  • Condemnation law
  • Current issues involving utility easements

Eminent Domain Law
Presented by: Timothy P. Duggan, Michael J. Ash & Wanda Ortiz

  • 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 
Presented by: Timothy P. Duggan, Michael J. Ash & Wanda Ortiz

  • Condemnation process for government use
  • Hearing and right of appeal
  • Valuing the property taken
  • Condemnation process for utility and other quasi-public use

 

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.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

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Internet Explorer v11 (or later) with Flash enabled.

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Credits

Engineers
6.5 PDHs

Land Surveyors
Pending

Attorneys
.01 Pending

 

Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.5 PDHs for professional engineers and land surveyors in New Jersey.

HalfMoon Education is an approved continuing education sponsor for engineers in New Jersey (Approval No. 24GP00000700).

This webinar has been submitted to the New Jersey State Board of Professional Engineers and Land Surveyors for pre-approval for land surveyors, which is currently pending.

HalfMoon Education is an approved service provider for continuing legal education with the New Jersey Courts (#164). This course is currently pending accreditation as HalfMoon Education renews its approved service provider status. Please visit this course listing at www.halfmoonseminars.org for updates on course accreditation status.

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).

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.

Speakers

Michael J. Ash, Esq., CRE

Partner at Carlin, Ward, Ash & Heiart, LLC,

Mr. Ash, CRE, joined Carlin & Ward in 2019 bringing 15 years of experience in real estate law for public projects to the representation of property owners in eminent domain acquisitions. Now a partner at Carlin, Ward, Ash & Heiart, LLC, his practice focuses on real estate litigation and trial advocacy in eminent domain matters and tax appeals. He collaborates with experts in various disciplines including real estate appraisers, engineers, planners, and environmental consultants. Mr. Ash is certified by the New Jersey Supreme Court as a certified civil trial attorney, handling all aspects of condemnation valuation jury trials, commissioner hearings, and tax appeals in the Superior Court of New Jersey, Appellate Court, Tax Court, Supreme Court, and United States District Court for the District of New Jersey and Southern District of New York. In 2018, He was awarded the CRE® designation by the Counselors of Real Estate®, an international group of real estate professionals recognized as leading advisors in complex real property matters with approximately 1,000 members worldwide, of which only about 50 are practicing attorneys. Mr. Ash has been Recognized as “Rising Star” and Super Lawyer in Eminent Domain 2012 through 2022. He earned his B.A. degree from Rutgers University and his J.D. degree from New England School of Law.

John A. Cannito

New Jersey Underwriting Counsel with AmTrust Title Insurance Company

Mr. Cannito is responsible for providing counsel to AmTrust’s independent agents in New Jersey, allowing them to close complex transactions, including larger commercial orders. He has examined titles and prepared title commitments and policies for more than 30,000 transactions, as well as for noninsured informational purposes. In addition, Mr. Cannito has been responsible for the conduct and oversight of the ordering of searches, as well as the examination of searches and the preparation of title reports, commitments and policies. His background in title searching and examination involves both residential matters and complex commercial transactions. Mr. Cannito earned his Bachelor of Arts degree in government and economics from Georgetown University. He earned a J.D. from Rutgers University. Mr. Cannito has served on the Board of Governors of the New Jersey Land Title Association, the Management Board of the Agency Section of the New Jersey Land Title Association, and various committees. He was also a representative on the Board of the New Jersey Land Title Insurance Rating Bureau and is a Certified Title Professional with the New Jersey Land Title Association.

Timothy P. Duggan, Esq.

Chair of Stark & Stark’s Eminent Domain and Real Estate Tax Appeal Group.

Mr. Duggan represents individuals and businesses in eminent domain proceedings and has substantial experience litigating issues involving highway access management, relocation assistance and valuation. He also represents certain public entities in road-widening projects which enables him to have a unique perspective when negotiating settlements. Mr. Duggan prosecutes real estate tax appeals for most types of real estate, including shopping centers, apartment buildings, office buildings and warehouses. He  is a frequent speaker and author on topics related to bankruptcy, eminent domain and tax appeal matters.

Alan P. Fox

Attorney with Capehart & Scatchard, P.A.

Mr. Fox is chair of Capehart Scatchard’s Alternative Energy Group, representing clients in various sectors, including shopping centers, public and private schools, retail, office buildings, warehouses, farming, and residential properties. He has experience handling transactions related to photovoltaic solar powered electricity production systems including PPA, obtaining permits and approvals for utility-scale projects in southern New Jersey and solar systems for owners of industrial and commercial properties. Additionally, Mr. Fox serves as Co-Chair of the firm’s Real Estate and Land Use Group, and he is a shareholder in its Commercial Litigation, and Business and Tax Groups. He has 35+ years of experience in these areas includes presenting land use applications before planning/zoning boards, litigating zoning matters at the trial and appellate levels, serving as solicitor to the Riverside Township Planning and Zoning Boards for eight years, protecting creditors’ rights, and performing as outside general counsel for various private companies with local, regional and national needs. Mr. Fox earned his B.A. degree from Rutgers College and his J.D. degree from California Western School of Law. He is admitted to practice law in New Jersey and Pennsylvania, as well as before the U.S. District Courts for the districts of New Jersey, and Western and Eastern Pennsylvania.

Joseph W. Grather, Esq.

Attorney with McKirdy, Riskin, Olson & DellaPelle, P.C.

Mr. Grather works diligently and knowledgeably to win favorable results for his clients, defending them against the governmental exercise of the power of eminent domain. He successfully manages the difficult and time-consuming process clients face in eminent domain cases, communicating clearly and frequently and allowing the client to focus on their business and other pursuits. A former Seton Hall Law School adjunct professor, Mr. Grather publishes articles on eminent domain and other issues, and he has participated in a number of reported eminent domain cases. He earned his B.A. degree from Saint Michael’s College, and his J.D. degree from Seton Hall University School of Law.

Wanda Ortiz

Deputy Attorney General with the State of New Jersey.

Bio not available with high-ranking government officials.