Agenda

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8:00 – 8:30 am PDT
Morning Session
8:30 – 11:55 am PDT
Break
11:55 am – 12:25 pm PDT
Afternoon Session
12:25 – 3:50 pm PDT

 

Identifying, Classifying and Locating Easements                     A.R. Spotts
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                               M. Johnson
and Other Unauthorized Access to Land
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                     K. Williams
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 issues
Condemnation law
Current issues involving utility easements

Eminent Domain Law                     C. Fraser
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                     M. Hansen, T. O’Hanlon
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

Each webinar session earns continuing education credit and can be registered for individually. 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 will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.

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Credits

Attorneys
6.5 Oregon CLE Hours
6.5 Washington CLE Hours

Professional Engineers &
Land Surveyors
6.5 PDHs


Continuing Education Credit Information

This seminar is open to the public. The Oregon State Bar for MCLE and the Washington State Bar have approved this course for 6.5 CLE Hours.

This webinar offers 6.5 PDHs to Oregon professional engineers and land surveyors to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Oregon.

Completion certificates will be awarded to participants who complete this event, respond to prompts and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

Speakers

Cynthia Fraser

Cynthia Fraser Principal
Ms. Fraser is with Foster Garvey and has focused her 30 year career in the area of real estate, condemnation and property tax litigation. She represents individuals, governments and corporate clients in a broad range of litigation using dispute resolution where appropriate.
Ms. Fraser began her eminent domain practice at the Department of Justice in the trial division. Since joining the firm in 2005, her eminent domain practice has included assisting local governments in all phases of the eminent domain process to ensure compliance with the Condemnation Procedures Act and appropriate federal regulations. She also represents individuals and companies in condemnation litigation, assuring they receive just compensation for their property. Ms. Fraser is co-editor of the 2011 American Bar Association publication on Eminent Domain and Condemnation Law.

Matthew R. Hansen

Matthew R. Hansen Partner at Miller Nash LLP

Mr. Hansen leads Miller Nash’s condemnation/eminent domain team and is a member of the firm’s real estate development department. He has spent his career focusing on all facets of eminent domain law,

from consulting with agency clients early in the design process to pre-litigation negotiations, condemnation litigation, trials, and appeals. As a proven trial attorney, Mr. Hansen has considerable experience representing municipal and private property owner clients in mediations, arbitrations, and in trials, including a substantial number of condemnation jury trials. He has litigated cases throughout Washington State, and has successfully argued cases before the Washington State Court of Appeals. Mr. Hansen has led most cases to settlement before they reach trial, but in those instances where trial became necessary, he and his team have achieved favorable jury verdicts for their clients in some of the region’s largest and most complex valuation disputes. Mr. Hansen is a frequent speaker on legal issues involving eminent domain law and has served as author and editor for several state and national legal treaties on the topic. He is a past president of the Puget Sound Chapter of the International Right of Way Association and has served the Association as chair of its International Ethics Committee.

Mary W. Johnson

Mary W. Johnson Attorney
Ms. Johnson is an attorney with Clackamas County. She participates in the Real Estate & Land Use, Family Law and Administrative Law Sections of the Oregon State Bar and the Oregon Academy of Family Law Practitioners. Ms. Johnson handles transactional, trial, appellate and administrative hearing matters and has served as a court-annexed arbitrator since 1994. She has served on the Oregon City Planning Commission and regularly volunteers doing intake for St. Andrew Legal Clinic. Ms. Johnson employs her governmental and big firm experience to deliver highly skilled and personalized attention to her clients. She has been a frequent writer and speaker on a wide range of subjects, including easements, financial elder abuse, neighbor law, civil procedure and evidentiary standards.

Tara O'Hanlon

Tara O’Hanlon

Partner at Miller Nash LLP

Ms. O’Hanlon represents municipal agencies and property owners in their eminent domain/condemnation acquisitions. She has successfully tried numerous multimillion-dollar cases, including obtaining successful verdicts in several of Washington’s largest eminent domain decisions. Ms. O’Hanlon is regularly asked to present and publishes on eminent domain law and her successful cases. She also counsels clients over the life of their construction or real estate acquisition projects, from drafting and negotiating comprehensive and practical contracts to finding creative solutions for early and efficient resolution of disputes. If litigation cannot be avoided, Ms. O’Hanlon has an extensive and successful track record trying and arbitrating cases and will see a matter through to a final resolution. She represents all segments of the design and construction industry, including owners, general contractors, subcontractors, suppliers and design professionals. She negotiates public and private design and construction contracts, including projects with alternative delivery methods, design-build, and integrated project delivery (IPD). Ms. O’Hanlon advises clients on how to avoid claims and disputes and, if needed, helps them navigate arbitrating or litigating payment, delay, defect and warranty claims.

Armand Resto-Spotts

Armand Resto-Spotts, Attorney

Mr. Resto-Spotts is an attorney focusing on land use, real estate, and environmental law.  He represents homeowners, developers, and other municipal and industrial clients in a variety of compliance and permitting issues affecting real property, including local and state land use controls such as critical areas regulations and zoning. Mr. Resto-Spotts also advises and assists clients in drafting and reviewing the wide array of transactional documents affecting the use of real property, such as deeds, easements, covenants, and other real estate contracts.  Additionally, from his prior work advising municipal clients in Washington, he also has extensive experience in public records and open government law.

Kinnon W. Williams

Kinnon W. Williams Of Counsel
Mr. Williams is with Foster Garvey and focuses his practice on assisting clients in eminent domain and municipal law matters. He represents both public entities and private property owners in negotiations, mediation, and bench and jury trials, including successfully arguing cases before the Washington State Supreme Court. In the area of municipal law, Mr. Williams provides special and general legal counsel to local governments, including cities, fire departments and utilities. He offers a comprehensive approach to local governments’ legal needs, whether dealing with a specific legal issue or providing day-to-day counsel. Mr. Williams is a frequent lecturer on eminent domain and inverse condemnation topics for continuing legal education and trade association seminars.