New Jersey Land Laws and Ethics for Civil Engineers
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Tuesday, October 17, 2023
8:30 am – 3:50 pm EDT
Eminent Domain
Presented by: T. Duggan
- Overview of Eminent Domain law
- Source of power
- Traditional public projects (ie. road widening, public school, ect.) and redevelopment projects
- Modification or revocation of highway access
- Overview of legal process to take property
- Access modification and revocation notices and hearings
- Litigating the right to take property
- Litigating amount of just compensation
- Engineers and surveyors – what is your role?
- Highway access issues – traffic engineers
- Pre-litigation analysis
- Highest and best use analysis generally drives value
- “Reasonable probability”
- Testifying as an expert witness
- Tips and pitfalls for acting as an expert witness
Site Contamination Law
Presented by: S. Humphreys
- Discovering existing soil and/or groundwater contamination
- Understanding applicable rules and regulations
- Understanding liability issues
- Exploring remediation and brownfield redevelopment
Land Use Law
Presented by: G. Forshner
- Understanding land use law
- Governmental power and authority to zone
- Comprehensive land use planning and zoning
- Planning Board and Zoning Board of Adjustment jurisdiction
- Finding existing land use laws and regulations
- Seeking zoning variances or rezoning
- Types of approvals
- Local housing and redevelopment law
- The engineer’s role in land use hearing
- Post-approval
- Outside agencies – timing and role
- Participating in land use litigation and appeals
- Affordable housing
- Two takeaways – simple and important, but often skipped
Complying with Rules of Professional Conduct
Presented by: W. Testa
- Complying with New Jersey rules of professional conduct
- Sealing of documents
- Standards for responsible charge of engineering work
- Unauthorized practice of engineering
- National Society of Professional Engineers Codes and Canons
Understanding Adverse Possession
Presented by: W. Lathrop, PLS, CFM, CFS
- Different forms of possession
- What gives rise to this claim
- How is it pursued
- What is its effect on either clarifying or further muddying the chain of title that surveyors must follow?
- Is there a difference between adverse possession claims and trespassing?
- Is it true that there can be no adverse claims against a governmental entity?
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Credits
Engineers
6.5 PDHs (Including 1.0 Ethics Hour)
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.5 PDHs, including 1.0 ethics hour, for professional engineers in New Jersey.
HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). HalfMoon Education is deemed an approved continuing education sponsor for New York engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)). Other states do not preapprove continuing education providers or courses. This program will not qualify for credit for professional engineers licensed in New York.
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 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.
Speakers
Timothy P. Duggan, Esq.
Shareholder with Stark & Stark in Princeton and Chair of Stark & Stark’s Condemnation, Redevelopment, and Eminent Domain GroupThe 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.
Gary S. Forshner
Law Office of Gary S. ForshnerMr. Forshner concentrates his practice in residential and commercial real estate development, redevelopment, land use and real estate development. Mr. Forshner represents owners and developers regarding development, mixed-use, affordable housing, residential, industrial, retail and office development projects. He has extensive experience in the telecommunications industry, including zoning and planning, leasing, and municipal bidding. His practice includes representation of national, international, and local developers and businesses as well as charitable and religious organizations. Mr. Forshner served as special land use counsel to municipalities and to the New Jersey Builders Association. He is the former chair of the New Jersey State Bar Association’s Land Use Section. Mr. Forshner regularly speaks on zoning and planning, redevelopment, affordable housing, sustainable energy, land use, eminent domain, and land real estate transactions.
Steven Humphreys
Kelley Drye & Warren LLPMr. Humphreys is an attorney with the law firm of Kelley Drye & Warren LLP, where he concentrates his practice on all aspects of environmental law and related counseling of businesses. He advises businesses on regulatory compliance and management of environmental risk in matters arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the federal Resource Conservation and Recovery Act (RCRA); the Clean Air Act; the Clean Water Act; and various other federal, state and local environmental laws. He also works on the environmental aspects of business transactions.
Wendy Lathrop, PLS, CFM, CFS
President and Owner of Cadastral Consulting, LLCMs. Lathrop is licensed as a professional land surveyor in New Jersey, Pennsylvania, Delaware, and Maryland, and as a professional planner in New Jersey. She holds a master’s degree in Environmental Policy and has been involved in surveying since 1974 in projects ranging from construction to boundary to environmental land use disputes. Ms. Lathrop is also a certified floodplain manager through the Association of State Flood Plain Managers (ASFPM) and a certified floodplain surveyor through the New Jersey Society of Professional Land Surveyors. A former adjunct instructor at Mercer County College in New Jersey, she has also taught as part of the team for the licensing exam review course at Drexel University in Pennsylvania. Ms. Lathrop has been teaching seminars for surveyors since 1986 and has been writing articles for surveyors since 1983. She is a contributing editor for The American Surveyor magazine, and she has four articles included in the American Bar Association’s text, Land Surveys: A Guide for Lawyers and Other Professionals. She and Stephen V. Estopinal, PLS, PE co–authored a book entitled Professional Surveyors and Real Property Descriptions: Composition, Construction, and Comprehension, published by John Wiley & Sons, Inc. in 2011. She is also on the faculty of GeoLearn, a web-based educational provider. Ms. Lathrop is a past president of the New Jersey Society of Professional Land Surveyors and of the National Society of Professional Surveyors, and she has served on the Board of Directors for the American Association for Geodetic Surveying.
Wendy Testa
Partner at Wilson ElserMs. Testa focuses her legal practice on insurance coverage and defense litigation as well as risk management services in the areas of professional liability; construction/construction defects; general liability; product liability; contract drafting, negotiating and disputes; and employment practices. She has also litigated matters alleging violations of the Fair Debt Collection Practices Act and advised clients on best practices in this area of the law. Ms. Testa is experienced in the defense of architects, engineers and surveyors and is a member of the firm’s design professional practice. She performs contract review and drafting services for design professionals and engages in contract negotiations on behalf of these clients. Ms. Testa received her J.D. degree from Widener University School of Law.