Agenda

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

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8:00 – 8:30 am EST
Morning Session
8:30 am – 12:00 pm EST
Break
12:00 – 12:30 pm EST
Afternoon Session
12:30 – 4:30 pm EST

 

Agenda:
Identifying, Classifying and Locating Easements                     J. Mosteller, III
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

Creating and Managing Highway Rights-of-Way                     P. deHolczer
Identifying potential rights-of-way
Negotiating and valuing easements
Rights included in right-of-way
Landowner rights
Maintenance of right-of-way
Alterations and encroachments

Understanding Utility Easements and Rights-of-Way                     J. Crowson
Current law on utility rights of way
• Federal laws and regulations
• State laws and regulations
Types of utilities affected
• Electric, water, natural gas, satellite communications
Basis for and definition of the easement
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements

Telecommunications Easements                     J. Crowson

Eminent Domain Law                     D. Paavola
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                     D. Paavola
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.

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Credits

Attorneys
7.0 South Carolina CLE Hours
North Carolina CLE Pending

Land Surveyors
7.0 PDHs

Professional Engineers
7.0 PDHs

 

Continuing Education Credit Information
This webinar is open to the public and is approved by the South Carolina Commission on Continuing Legal Education and Specialization for 7.0 CLE hours, which includes no ethics credit.

HalfMoon Education has submitted this course for approval to the North Carolina State Bar Board of Continuing Legal Education. This credit is currently pending. Visit this course listing at www.halfmoonseminars.org for updates on pending credits.

This seminar offers 7.0 PDHs to South Carolina and North Carolina land surveyors and engineers, to whom the subject matter is professionally relevant. HalfMoon Education is an approved continuing education provider for North Carolina professional engineers and land surveyors.

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

Jessica Crowson

Attorney – Rogers Lewis Jackson Mann & Quinn, LLC
Ms. Crowson is originally from Columbia and Camden, South Carolina. She graduated magna cum laude from the College of Charleston in 1997 and from Vanderbilt University School of Law in 2000. After law school, Ms. Crowson served as a law clerk to the Honorable Kaye G. Hearn, former Chief Judge of the S.C. Court of Appeals and now a Justice of the S.C. Supreme Court. She is licensed to practice law in South Carolina and Florida, and her prior experiences also include Howser, Newman & Besley Law Firm and the Pennington Law Firm, both in Columbia, South Carolina and as Assistant State Attorney, Fourth Judicial Circuit, Florida. Since 2013, Ms Crowson has been a member of Rogers, Lewis, Jackson, Mann & Quinn, LLC in Columbia, SC. She maintains both a litigation and transactional practice, focusing on condemnation/ eminent domain, telecommunications, easement and right-of-way disputes and acquisition (including fiber, utilities, access), lease negotiations, and commercial contract negotiations. In condemnations, easement, and right-of-way disputes, she primarily represents utility companies seeking to acquire or enforce utility easements. In telecommunications matters, Ms. Crowson represents wireless carriers, fiber providers, tower companies, utility companies, and business entities, related to telecom towers, colocations, antenna leasing, DAS/IBRD systems, pole attachments, 5G, and small cell node networks. She actively assists clients in negotiating master lease agreements (MLAs) and individual site leases (SLAs) for the deployment of wireless infrastructure and technology across the U.S., as well as the continued evolution of that infrastructure and technology.

Paul D. deHolczer

Assistant Chief Counsel, South Carolina Department of Transportation
Paul D. deHolczer was admitted to the South Carolina Bar in 1994. He is a member of the South Carolina Bar and the American Bar Association. He received his education at Presbyterian College (B.A.), Central College (London Program); University of South Carolina (M.A., International Studies; J.D.), and Corvinus University of Budapest (Summer Program). He has represented landowners as well as condemnors in eminent domain cases. Among other projects, he served as condemnor’s counsel on the Southern Connector (I-185), the Conway Bypass/Veterans Highway (SC-22/I-74), the Carolina Bays Parkway (SC-31) and the Ravenel Bridge (US-17) projects. Mr. deHolczer has lectured on eminent domain for the South Carolina Bar, the University of South Carolina School of Law, the Charleston School of Law, Presbyterian College, the International Right of Way Association (Carolinas Chapter), and for several professional education firms. He is Assistant Chief Counsel at the South Carolina Department of Transportation (SCDOT). The opinions he expresses in the CLE presentation and materials do not necessarily reflect the viewpoint or policies of SCDOT.

James D. Mosteller III

Attorney – The Mosteller Law Firm LLC
For more than 30 years, Attorney James D. Mosteller, III, the founder of the Mosteller Law Firm, has been providing legal assistance to South Carolina small business owners and local government leaders. His personal interest in business and government law issues has been prevalent throughout his years in legal practice, adding scope to his other areas of experience in litigation, personal injury, criminal defense and real estate law. The Mosteller Law Firm welcomes new clients from across the state of South Carolina, and serves many clients from Aiken, Bamberg and Barnwell Counties.

David Paavola

Partner – Lewis Babcock L.L.P.
David Paavola represents individuals and businesses in eminent domain and condemnation, complex business disputes, professional misconduct, legal malpractice, and contract disputes. David has tried condemnation cases to jury verdict and on appeal. He has been selected as a South Carolina Super Lawyers® Rising Star for 2019-2021. Mr. Paavola received a Bachelor of Business Administration degree in Financial Services and Planning from Baylor University in 2002, and a Juris Doctor degree from the University of South Carolina School of Law in 2012. During law school, Mr. Paavola served as the editor in chief of the South Carolina Law Review.