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. Hodge, G. Taylor
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           R. Brandys, N. Laurent
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.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled


Internet connection:
 Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com

Credits

Attorneys
8.0 Texas CLE Hours (1.0 Ethics)
8.0 TBLS Hours: Real Estate

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
8.0 Real Estate Hours

 

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
The Texas Board of Legal Specialization has approved 8.0 Real
Estate hours for attorneys and paralegals.

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 Barkhurst

Barkhurst & Hinojosa, P.C.

Shareholder at 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.

Carly Barton

Braun & Gresham

Attorney 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, LLP

Mr. 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.

Justin Hodge

Johns Marrs Ellis & Hodge, L.L.P., HoustonMr. Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits.  He has handled complex condemnation and eminent-domain cases throughout the State of Texas.  Mr. Hodge has appeared in condemnation and eminent-domain lawsuits and he has defended landowners against the Texas Attorney General’s office, pipeline companies, electric transmission line companies, school districts, cities, and counties.  He is passionate about Texas property rights.  Mr. Hodge has testified on Texas condemnation and eminent domain reform on behalf of Texas landowners in front of both the Texas House of Representatives and the Texas Senate.  He also writes a weekly blog at TexasCondemnation.com.  Mr. Hodge is currently an adjunct professor at University of Houston School of Law where he teaches a course on eminent domain.

Russell Johnson

McGinnis Lochridge

Partner 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.

Patrick Reznik

Braun & Gresham

Attorney 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.

Graham Taylor

Graham Taylor Attorney and Partner at Marrs Ellis & Hodge

Mr. Taylor is an associate representing clients in civil litigation and eminent domain matters. He earned his law degree from the University of Houston Law Center in 2018. During his second year, he earned the Lex Award for the highest grade in his legal writing course and clerked with the United States Attorney’s Office for the Southern District of Texas, where he worked on complex medical fraud cases. Mr. Taylor graduated summa cum laude from the University of St. Thomas (TX) in 2015 with a B.A. in Political Science and with distinction as the Outstanding Student in Political Science

Jack Wilhelm

Wilhelm Law Firm

Founder 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.