Texas Eminent Domain Law for Building Professionals
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Before undertaking any on-demand effort, you should review the rules of your licensing/certifying entity.
It’s your responsibility to determine whether this on-demand course meets your continuing education requirements.
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**AIA credit is not available in USB format.
Streamable MP4/PDF
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**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
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**Any USB on-demand programs that qualify for LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Wednesday, April 26, 2023
9:00 am – 1:15 pm CDT
Understanding Eminent Domain Powers
Presented by: Graham Taylor & Kyle Hlavinka
- Source of eminent domain powers
- History of the exercise of eminent domain powers
- Texas Property Code, Chapter 21
- Types of eminent domain “takings:” public and quasi-public
- Just compensation: valuing “taken” property
- Privatization of eminent domain and other current issues
Participating in the Condemnation Process
Presented by: Alejandra Galvan
- Condemnation process for government use
- Hearing and right of appeal
- Valuing the property taken
- Condemnation process for utility and other quasi-public use
Understanding Inverse Condemnation
Presented by: Paul Barkhurst
- Identifying a taking by inverse condemnation
- Bringing a claim for inverse condemnation
- Defenses to inverse condemnation claims
- Valuing taken property
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.
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.
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Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)
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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
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Credits
Professional Engineers
4.0 PDHs
Land Surveyors
4.0 PDHs
Architects
4.0 HSW CE Hours
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 4.0 PDHs for professional engineers and land surveyors and 4.0 HSW continuing education hours for licensed architects in Texas.
The Texas Board of Professional Engineers and Land Surveyors and the Texas Board of Architectural Examiners do not provide pre-approval for CE activities. However, the Boards have final authority to determine whether an activity is appropriate.
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).
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.
Alejandra Galvan
Attorney at Marrs Ellis & Hodge LLPAlejandra Galvan defends property owners in Texas and focuses her practice on representing and protecting the constitutional rights of Texas landowners facing eminent-domain lawsuits. Since getting licensed in Texas, Ms. Galvan has had the opportunity to defend landowners across Texas. Ms. Galvan cases have involved takings of vacant land, large ranches, residential properties, shopping centers, restaurants, apartment complexes, c-stores, and schools. She has defended property owners against various condemning authorities including local municipalities, counties, the Texas Attorney General’s office, pipeline companies, and utility companies. Ms. Galvan has presented on the topic of eminent domain at the ALI National Eminent Domain Conference in 2023, and at various County Town Hall meetings. Ms. Galvan was also honored to teach the 2021 Special Commissioner’s Training on behalf of the county court at law judges of Harris County. She is a member of the Houston Bar Association, the Houston Young Lawyers Association, the Mexican American Bar Association, the Hispanic Bar Association, the Christian Legal Society, and the Houston Trial Lawyers Association. She also volunteers her time to the Worklife Institute, a non-profit organization founded to provide educational programs, skills, and resources to our veterans.
Kyle Hlavinka
Attorney at Marrs Ellis & Hodge LLPKyle Hlavinka is a civil litigation associate focusing on eminent domain and probate litigation matters. Kyle grew up on a farm in East Bernard, Texas, a small town west of Houston, where his family still grows rice, corn, and cotton. His interest in eminent domain began when HSC Pipeline Partnership, LLC took his family’s farmland to build a pipeline. During law school, Kyle took a course in eminent domain and private property rights and was able to follow his family’s case all the way up to the Texas Supreme Court, where they secured a favorable ruling for landowners regarding valuation in condemnation cases. See Hlavinka v. HSC Pipeline Partnership, LLC. Understandably, Kyle is passionate about helping farmers and ranchers in the State of Texas. He has spoken on his family’s case in front of CLE International’s Houston Eminent Domain Conference and the Eminent Domain Section of the Austin Bar Association. Kyle has also spoken at town halls and guest lectured at the University of St. Thomas.
Graham Taylor
Attorney at Marrs Ellis & Hodge LLPGraham Taylor is an associate attorney representing clients in civil litigation and Texas eminent domain matters. Mr. Taylor earned his law degree from the University of Houston Law Center in 2018. During his second year, Mr. Taylor 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. He 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. During his undergraduate career, Mr. Taylor was captain of the mock trial team and president of the University of St. Thomas chapter of the National Political Science Honor Society, Pi Sigma Alpha. Mr. Taylor is licensed in Texas and a member of the Houston Bar Association (HBA) and the Houston Young Lawyers Association (HYLA).