Texas Easements, Rights-of-Way, and Eminent Domain
Agenda
Webinar instructions will be emailed before the date of the webinar.
Log into Webinar: 7:30 – 8:00 am CDT
Morning Session: 8:00 am – 12:30 pm CDT
Break: 12:30 – 1:00 pm CDT
Afternoon Session: 1:00 – 5:00 pm CDT
Identifying, Classifying and Locating Easements
P. Reznik, C. Barton
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
Eminent Domain Law
J. McSpadden
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
N. Laurent & R. Brandys
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Understanding Utility Easements and Rights of Way
P. Barkhurst
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
Understanding Riparian and Water Rights
R. Johnson
History and development of riparian rights
Determining land boundaries near the water line
Determining access rights to surface waters
Determining rights to groundwater
Complying with regulations restricting access to and use of surface water and groundwater
Alterations and encroachments
Ethical Issues in Land Access and Development
J. Wilhelm
Land: a finite, depletable resource
Extent of private rights in land
Conflict with rights of the public
Ethical issues in agriculture, water use, mineral access and development
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
8.0 Texas CLE Hours (1.0 Ethics)
7.0 TBLS Hours, Pending Approval
Professional Engineers
8.0 CE Hours (1.0 Ethics)
Professional Land Surveyors
8.0 CE Hours (1.0 Ethics)
Landmen
8.0 AAPL CE Hours (1.0 Ethics)
Paralegals
Pending
Continuing Education Credit Information
This webinar is open to the public and is approved for 8.0 CLE hours, including 1.0 ethics hour, for Texas attorneys. HalfMoon Education has applied to the Texas Board of Legal Specialization for attorney specialization hours, which are pending.
This seminar offers 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval.
The Texas Board of Professional Land Surveying has approved this course for 8.0 continuing education hours, including 1.0 ethics hours.
The American Association of Professional Landmen has approved this program for 7.0 RL, RPL or CPL recertification credits, 1.0 ethics credit, and no CPL/ESA credits.
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
Paul D. Barkhurst
Barkhurst & Hinojosa, P.C.Mr. Barkhurst has extensive litigation experience in business and real estate disputes. He has developed a special concentration in the area of eminent domain, representing governmental entities as well as landowners in numerous lawsuits. He has successfully represented numerous owners in ranch power line takings. Mr. Barkhurst also represents governmental entities in construction disputes, and he has represented contractors and subcontractors in private disputes. Mr. Barkhurst has a B.A. degree, with honors, from Southwest Texas State University and a J.D. degree, magna cum laude, from Texas Tech University, and he is a former USAF Captain and F-111 Aviator.Â
Carly Barton
Braun & GreshamAttorney at Braun & Gresham
Ms. Barton takes her compassion and skill to guide land and business owners through many different legal proceedings. Lawsuits can be complicated, but her wide range of experiences allows her to handle disputes at all levels of litigation – from the Justice of the Peace to Federal Court. As a litigator, Ms. Barton balances her clients’ needs and legal realities, while fighting for the best result possible. As a counselor, she analyzes her clients’ situation to craft creative solutions to their troubles. Communication with her clients remains a first-and-foremost priority, addressing their needs and concerns and keeping them up-to-date with the status of their matter.
Roy R. Brandys
Partner at Barron, Adler, Clough & Oddo, LLPMr. Brandys has exclusively represented landowners in eminent domain, inverse condemnation, and related land use matters for over 16 years. He has represented landowners in negotiating settlements, in special commissioners’ hearings, and in jury trials on hundreds of road and highway takings, power line takings, pipeline takings, takings of billboard easements, and other similar takings. Mr. Brandys is a graduate of Knox College and received his J.D. degree from Wake Forest University where he was a member of the Law Review.
Russell Johnson
McGinnis LochridgePartner at McGinnis Lochridge
Mr. Johnson has a multifaceted water law practice, with an emphasis on matters involving land use, water rights and the Endangered Species Act (ESA). His clients are generally landowners, industries, mineral owners and developers seeking to acquire, safeguard, develop or convey water resources. Formerly, he represented a large municipal water system in a variety of matters, including legislative efforts to create the Edwards Aquifer Authority and to modernize Texas water law. He is a board member of the Center for Water Law and Policy at Texas Tech University School of Law, as well as an adjunct professor at Texas State University teaching water policy.
Jody McSpadden
Dawson & SoddAttorney & Partner at Dawson & Sodd
Ms. McSpadden has represented landowners in various kinds of condemnation proceedings, including inverse condemnations, takings for Dallas Cowboys football stadium, water rights takings, pipelines, powerlines, highway takings, and takings of convenience stores, restaurants and gas compressor sites. She has been integral to the eminent domain fight against the Texas Rail Project and will continue to help protect landowners from unjust condemnation. Ms. McSpadden received her undergraduate degree from Texas A&M University, earning a B.S. degree in Agriculture Development in 1998. She graduated from Baylor Law School in 2002.
Patrick Reznik
Braun & GreshamAttorney at Braun & Gresham
Mr. Reznik’s clients are land and business owners who need to resolve a lawsuit or reduce the likelihood of litigation. His Texas farm and ranch background, agricultural engineering education, and hardworking lifestyle bring a skilled, creative, understanding and compassionate approach to protecting clients’ rights and resolving conflicts. Mr. Reznik has handled a variety of disputes, including those involving rural land uses, urban land uses, condemnation, transmission line routing, leases, contracts, estates, contested wills and probate, shareholder’s rights, and deed restrictions, he has represented developers, builders and homeowners. He received his B.S., M.S. and J.D. degrees from Texas Tech University.
Jack Wilhelm
Wilhelm Law FirmFounder at Wilhelm Law Firm
Mr. Wilhelm focuses his practice on oil and gas law and state taxation issues before the Texas Comptroller of Public Accounts. His oil and gas clients include Fortune 500 oil and gas companies, privately owned oil and gas independents, and sophisticated landowners. Most of the oil and gas practice focuses on real estate (title examination, due diligence, and negotiations) and assisting clients with matters before the General Land Office. In addition to his J.D. degree, Mr. Wilhelm holds a masters degree in Energy and Environmental Law from The Tulane University. He is licensed to practice in Texas, Louisiana, Arkansas, and Illinois, and by numerous federal courts, including the United States Supreme Court.