Agenda

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

 

Tuesday, June 10, 2025
8:30 am – 4:30 pm EDT

 

Agenda:

Eminent Domain Law
Presented by Timothy P. Duggan

  • 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

Identifying, Classifying and Locating Easements
Presented by Stephen McNally

  • 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 Utility Easements and Rights of Way
Presented by Michael J. Ash, CRE and Matthew Krauser CRE, FRICS

  • Current law on utility rights of way
    • Federal laws and regulations
    • New Jersey 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

How Land Rights are Recorded
Presented by Martina Baillie, Esq.

  • Overview of the land registration system in New Jersey
    • The primacy of recording and why it matters
    • New Jersey recording laws
    • Constructive versus actual notice
    • The role of title companies
  • Real-world issues in land registration rights
    • The “Aldrich Problem:” a case study illustration
    • Breaks in chain of title
    • Inconsistent or outdated records
    • Fraud and other examples
  • The future of the land use registration system
    • How technology can improve land registration systems

Ethical Issues in Land Transactions and Development
Presented by Henry T. Chou

  • Accommodating the interests of land owners and communities
  • Enforcing environmental protections
  • Local control: is it necessary and who benefits?

 

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

Engineers
7.0 PDHs

Land Surveyors
Pending

Attorneys
Pending

 

Continuing Education Information

This webinar is open to the public and is designed to qualify for 7.0 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. 24GP00049300).

This webinar has been submitted to the New Jersey State Board of Professional Engineers and Land Surveyors for accreditation for land surveyor continuing education credit, which is currently pending.

This webinar has been submitted to the New Jersey Supreme Court Board on Continuing Legal Education for accreditation for attorney CLE credit, which is currently pending. Please visit this course listing at www.halfmoonseminars.org for updates on pending credits.

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, in Florham Park, NJ

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.

Martina Baillie, Esq.

Muller & Baillie, P.C., West Windsor

Ms. Baillie’s practice focuses on land use in all its variety, including development applications, redevelopment plans and projects, affordable housing, land preservation, objector work, planning and zoning, and land use-related litigation. She represents both municipal clients (land use boards) as well as private clients, uniquely positioning her to understand both the public and private sides of the land use process. Before discovering her passion for land use, Ms. Baillie worked for many years as a transactional corporate attorney in New York City. Ms. Baillie holds law degrees from the University of Chicago Law School and Cambridge University in England, from where she originally hails.

Henry Chou

Equity Partner in the Princeton, N.J. office of Hill Wallack LLP

Mr. Chou is a member of the Corporate, Foreign Direct Investment, Life Sciences, Renewable Energy & Sustainability, Real Estate, Land Use, Environmental and Commercial Leasing practice groups at Hill Wallack LLP. He concentrates his practice in areas of mergers and acquisitions, corporate, environmental permitting, renewable energy projects, commercial real estate transactions, commercial leasing, construction contracts and land development matters. Mr. Chou has represented domestic and foreign companies, public entities and non-profits in a wide variety of commercial, environmental, renewable energy, leasing and land use matters. He has also represented foreign entities in various corporate matters related to their investments and transactions in the United States. Mr. Chou is admitted to practice in the State Courts of New Jersey (2000) and Pennsylvania (2000) and the U.S. District Court of New Jersey (2000). He received his law degree from Rutgers Law School. Following law school, Mr. Chou served a judicial clerkship with the Honorable Lawrence M. Lawson, Assignment Judge of Monmouth County. He is a graduate of the Honors College of the University of Georgia. Mr. Chou is proficient in Mandarin Chinese.

Timothy P. Duggan, Esq.

Shareholder with Stark & Stark in Princeton and Chair of Stark & Stark’s Condemnation, Redevelopment, and Eminent Domain Group

The main focus of the Condemnation, Redevelopment, and Eminent Domain Group is property valuation litigation and representing private property owners in challenging the government’s right to take private property by the use of the power of eminent domain (also known as condemnation) and prosecuting inverse condemnation claims. Mr. Duggan regularly represents clients whose highway access and property rights have been revoked or taken by the New Jersey Department of Transportation, county agencies and utility companies, and has experience in handling all aspects of eminent domain, including relocation assistance, modification of highway access, and litigating the amount of just compensation. He represents property owners in urban redevelopment projects and pipeline cases, and he has experience in both state and federal courts. Mr. Duggan also prosecutes real estate tax appeals for banks, developers, automobile dealerships, condominium and homeowners’ associations, shopping centers, and commercial property owners and is a member of the Firm’s Flood Litigation, Development & Mitigation Group. He has been 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 less than ten percent are practicing attorneys (www.cre.org). Mr. Duggan is a frequent speaker and author on topics related to bankruptcy, eminent domain and tax appeal matters. He earned his M.B.A. degree from Seton Hall University and his J.D. degree from Seton Hall University School of Law.

Matt Krauser, CRE, FRICS

Senior Managing Director at Newmark Valuation & Advisory in Morristown

Mr. Krauser is actively engaged in a wide range of commercial, industrial and vacant land assignments. He specializes in appraisals for tax appeals, condemnations, litigation and open space/land preservation. Mr. Krauser also provides corporate clients and institutional investors with an array of real estate consulting services for properties located throughout New Jersey and New York. He prepares and reviews appraisals, market studies and feasibility assignments to evaluate acquisition and disposition opportunities as well as for financing, tax appeals, bankruptcy proceedings, condemnation and asset management purposes. In addition, Mr. Krauser reviews large portfolio assignments throughout the U.S. pertaining to office, multifamily, industrial and retail properties. He joined Newmark Valuation & Advisory in 2017, when the firm acquired several affiliate offices of Integra Realty Resources (IRR). At the time of the acquisition, he was serving as a senior managing director in IRR’s Whippany office. Additionally, Mr. Krauser is qualified as an expert witness before the New Jersey Tax Court, New Jersey Superior Court, Federal Bankruptcy Court and various planning boards, commissioner hearings and county tax boards.

Stephen McNally

McNally & Bellino, LLC, in Cherry Hill

Mr. McNally has extensive experience in land-related litigation and transactions. Mr. McNally has been retained by a number of title insurance underwriters to litigate title claim matters on behalf of owners and lenders. He has also been retained by individual and corporate clients to address boundary line disputes. Mr. McNally has been appointed by the Superior Court of New Jersey to act as a boundary line commissioner. He has handled all aspects of commercial real estate transactions including but not limited to preparation and negotiation of contracts, assistance with due diligence, negotiation of loan documents, compliance with lender instructions and analysis of insurable and marketable title. Additionally, Mr. McNally focuses on the representation of industry professionals, such as architects and engineers. Mr. McNally is well-versed on the organization of legal entities and provides counsel to clients about the responsibilities of directors and officers. He is also a Rule 1:40 Qualified Mediator included on the roster of court-appointed mediators in the State of New Jersey. In July 2021 he joined with Paige M. Bellino, Esquire to form McNally & Bellino, LLC. Mr. McNally has been a speaker on title claim issues for New Jersey Land Title Association as well as having served as a panelist for several seminars concerning complex real estate transactions, title insurance coverage and claims and boundary issues. He has been an adjunct professor at Villanova Business School teaching a course in real estate law since the Spring 2024 semester. Mr. McNally appeared as a panelist at the 2023 and 2024 Survcon events in Atlantic City sponsored by the New Jersey Society of Professional Land Surveyors. During the 2024 Survcon event, he spoke on two separate panels; one on preparing and negotiating contracts and the other on surveyors serving as experts in litigation. Mr. McNally and his partner Paige M. Bellino successfully argued before the New Jersey Supreme Court in Green Knight v. Calderon, 252 N.J. 265 (2022) which resulted in an interpretation of the tax sale law favorable to their client. Mr. McNally is a member of the New Jersey Land Title Association, the Pennsylvania Land Title Association, the Cape May County Bar Association, an affiliate member of the Cape May County Association of Realtors and an affiliate member of the NEXUS Board of Realtors.