North Carolina Land Rights and Eminent Domain
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Thursday, August 25, 2022
8:30 am – 4:00 pm EDT (including a 30-min. break)
Barry Savage, Jessica Wilkie, Nolan Perry & Chris Beacham
Identifying, Classifying and Locating Easements
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
Knowing when and how to terminate easements
Obstructing use of easements and determining remedies for obstruction
Resolving Boundary Disputes
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
Understanding Utility Easements and Rights of Way
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
Current issues involving utility easements
Eminent Domain Law
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
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
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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Insurance Agents & Adjusters:
Contact Us for Accreditation Status
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.5 PDHs for professional engineers and 6.5 PDHs for land surveyors licensed in North Carolina. HalfMoon Education is an approved continuing education sponsor for engineers and land surveyors in North Carolina (S-0130).
This webinar has been submitted to the North Carolina State Bar Board of Continuing Legal Education for CLE accreditation, which is currently pending.
This webinar is not approved for North Carolina insurance agents and adjusters at the time of printing. Please contact HalfMoon Education for current information regarding accreditation status and pending credits. Visit this course listing at www.halfmoonseminars.org for updates on this credit.
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).
Attorney at Henson Fuerst in Raleigh, NC & Rocky Mount, NC
Mr. Beacham is eastern North Carolina born and bred with a passion for helping the people and communities in which he grew up. He has litigated personal injury, civil rights, contract, construction, and land condemnation cases in North Carolina State and Federal Courts. His main practice areas are eminent domain and complex litigation. Mr. Beacham has always been dedicated to making sure people understand the impact the law has on their lives. After law school he taught Law and Social Change at East Carolina University. It is important that people understand that the law, and how the government’s implementation of it can impact them at a personal level as well as their families and communities. Mr. Beacham’s passion for fighting on behalf of individuals and businesses against the government has led him to work with numerous experts finding different approaches to make sure that individuals with affected properties have the best opportunity to recover from the government for what has been taken from them. He has tried several cases to verdict and used multiple presentation and negotiation techniques to successfully increase offers from the government; but also to make changes that could help an owner maintain a preferred or profitable use from a property.
Partner/Owner at Morgan & Perry Law
Mr. Perry is one of the founding partners of Morgan & Perry Law, P.L.L.C. As a partner at the firm, he leads the practice’s Real Estate Division. Mr. Perry’s primary focus is on residential and commercial transactions. He approaches each case using Morgan & Perry Law’s philosophy of client-based, holistic service to create an enduring relationship with clients. Mr. Perry graduated from Campbell University’s Trust and Wealth Management program with a bachelor’s degree of Business Administration and a minor in Financial Planning, and he also graduated from Norman Adrian Wiggins School of Law at Campbell University. During his time in law school, he served as an officer in the Campbell Law Honor Court, Old Kivett Advocacy Council, and the Federalist Society. He also volunteered with Legal Aid of North Carolina and Disability Rights NC. While in law school, Mr. Perry worked for United States Magistrate Judge James E. Gates, interned at the Federal Public Defender’s Office, and represented criminal defendants as a clerk at the Powell Law Firm.
Barry Savage, PLSSurvey Products Group Manager with Tennessee Valley Authority in Chattanooga, TN
Mr. Savage began his survey career while in college in 1981. He graduated from the University of Tennessee at Martin with a B.S. degree in Civil Engineering Technology. He worked for the next 10 years for various civil/survey firms in positions ranging from crew chief to senior designer. In 1993 he started Savage Surveying and Mapping. While operating his firm Mr. Savage surveyed several state lines to resolve jurisdictional conflicts. He served as survey consultant during the construction of the Ocoee Whitewater venue for the 1996 Olympics. He is currently the Survey Products Manager at the Tennessee Valley Authority providing survey services to support their seven-state service area. He has been an adjunct faculty member at Cleveland State Community College for 20 years where he teaches courses in boundary law, geodesy, and general surveying. He and his students have retraced the historical surveys of Henry David Thoreau on Walden Pond in Concord Massachusetts. He teaches continuing education courses on surveying and boundary issues across the country. He is a licensed surveyor in Tennessee, Georgia, and Alabama.
Partner at Hansen, Howell & Wilkie
Ms. Wilkie is a partner with Hansen, Howell & Wilkie, PLLC, in Raleigh. Upon graduating from law school at UNC-Chapel Hill, she began her practice as a real estate attorney, focusing on residential closings and civil litigation. Gradually the firm transitioned away from a transactional practice toward more litigation, including quiet title, adverse possession, eminent domain, and condemnation matters. Ms. Wilkie also serves as North Carolina outside underwriting counsel for Alliant National Title Insurance Company.