Texas Land Laws and Ethics for Engineers and Surveyors
DISCLAIMER
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.
You must take and pass a quiz to receive credit. You can take the quiz as many times as needed and there is no time limit on the quiz.
Once the quiz is completed, you will be asked to download your certificate.
**Any on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
**AIA credit is not available in USB format.
Streamable MP4/PDF
You will receive an automated email letting you know when your On-Demand package is available approximately 3 business days after the date of the live event or the date of your order, whichever is later. This email will contain links to the video recording, materials, and program quiz.
To track your purchase, you will need to create an account on the website using the email address used for your registration.
For AIA requirements only, the on-demand recording will have occasional question prompts that will not allow the video to progress unless they are answered, and you will not be able to skip forward while watching the video.
Please note, if you attempt to resume watching the video on a separate device, your progress will not be saved.
Click the link which appears at the end of the video to be taken to the course quiz.
You will have unlimited access to the on-demand video recording, and it will never expire.
**Any streamable on-demand programs that qualify for AIA or LACES credit will require an additional 2 business weeks for processing.
USB MP4/PDF
HalfMoon will mail these materials via USPS.
USB orders ship approximately 3 business days after the program takes place or after the order is placed, whichever date is later. Please allow an additional 7-10 business days for shipping.
The link to the quiz will be available in a PDF in your USB drive marked QUIZ.
HalfMoon will contact you and issue a full refund if the product you ordered is not available. However, refunds will not be issued if completion certificates are requested.
Please contact HalfMoon Education if you have any questions during the process of taking this course. (715) 835-5900 or qchapman@halfmoonseminars.org
**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.
Log into Webinar
7:30 – 8:00 am CST
Morning Session
8:00 am – 12:30 pm CST
Break
12:30 – 1:30 pm CST
Afternoon Session
1:30 – 5:30 pm CST
Agenda
Complying with Texas Board of Professional Engineers D. Bowles
and Land Surveyors Ethical Standards
Ethical standards
Offers to perform services
Unauthorized practice
Adherence to standards and codes
Professional conduct
Disciplinary rules
Handling Ethical Issues in Environmental and Land Use Matters D. Anderson
Land use issues and property rights
Private rights versus public interest
Professional duty to protect public in environmental and land use matters
Land Use Law J. McKnight
Understanding land use law
Comprehensive planning
Subdivision platting
Zoning
Restrictive covenants/deed restrictions
Traffic/parking
Nuisance
Handling land use approvals
Plats
Re-zoning, including PUD, PD, SUP, CUP
Variances
Special exceptions
Interpretations/appeal of staff decisions
Administrative appeals
Litigation
Understanding Utility Easements and Rights of Way P. Barkhurst
Current law on utility rights of way
Types of utilities affected
• Electric, water, natural gas, telecommunications, satellite
Basis for and definition of the easement
Encroachments and interferences
Maintenance
Environmental issues
Condemnation law
Current issues involving utility easements
Eminent Domain and Condemnation Law P. Barkhurst
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Participating in the condemnation process
Appealing a condemnation decision
Understanding regulatory “takings” and inverse condemnation
The Law of Private Easements P. Barkhurst
Understanding the legal concept of easements
• Types of easements: easements in gross and easements appurtenant
Creating easements
• Express and implied
Terminating easements
Understanding conservation easements
Ethical Issues in Land Transactions C. Wilson
Preventing conflicts of interest
Exercising professional judgement and the appropriate standard of care
Acting within the scope of experience/expertise
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.
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
Texas Professional Land Surveyors
8.0 Continuing Education Hours, Including 3.0 Rules/Ethics Hours
Texas Civil Engineers
8.0 PDHs, Including 1.0 Ethics hour
Continuing Education Credit Information
This webinar is open to the public and offers 8.0 continuing education hours, including 1.0 ethics hour to Texas civil engineers and 3.0 ethics hours to land surveyors. Texas Board of Professional Engineers and Land Surveyors no longer preapproves courses for land surveyors. Educators and courses are not subject to approval for Texas engineers.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course, respond to prompts and score a minimum 80% on the exam that follows the course (multiple attempts allowed).
Speakers
David J. Anderson
Director of Land Use & Entitlements at Drenner Group, P.C. in Austin, Texas.
Mr. Anderson’s work touches progressive urban planning/design, responsible public policy development, visionary placemaking, practical environmental protection, and construction of the built environment in each of the projects he leads. He regularly consults with public and private entities on code and ordinance development, while taking a leadership role in urban planning and development issues in Central Texas. Mr. Anderson has served as an advisor to government officials and educators on a wide range of topics — federal environmental policies on the U.S.-Mexico border, leadership principles/practices as a guest lecturer at the University of Texas LBJ School of Public Affairs, urban planning public policy as an appointed Planning Commissioner, water supply issues impacting both growing metropolises and agricultural irrigators in rural Texas, and utility and transportation infrastructure issues in rapidly growing Central Texas. A professional engineer with a master’s degree in Water Resource Planning, Mr. Anderson communicates on a peer level with other engineers on the client development team. He’s also fluent in the language of architects, landscape architects, our entitlement and transactional attorneys, government officials and community groups, which helps mitigate risk and streamlines development for more cost-efficiency.
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.
Deward “Karl” Bowles
Independent professional land surveyor and owner of B&B Surveying Company in Houston
Mr. Bowles began working in the field of land surveying in 1978 and is certified as a registered professional land surveyor in the State of Texas. Mr. Bowles has given seminars to lawyers, real estate professionals and other land surveyors on land surveying principles, practice and codified standards. He has been an expert witness in a number of legal actions centering around boundary disputes and land surveyor negligence claims. Mr. Bowles has given expert testimony regarding boundary resolution, minimum standards and minimum content regarding land surveys. He is a member of the Texas Society of Professional Surveyors and a former member of the American Congress on Surveying and Mapping.
James McKnight
Managing partner at Brown & Ortiz, P.C.
Mr. McKnight specializes in land use, planning, and zoning matters as well as government affairs and economic incentives in San Antonio. Prior to joining the firm, Mr. McKnight worked as an architect and project manager for Adolph Ziemba, AIA, & Associates in Burbank, California specializing in public school and multi-family residential design and construction administration. Additionally, he spent several summers teaching architecture design studio at USC in Los Angeles, California, and has taught Planning and Land Use Law and Land Use Policy courses for the College of Public Policy graduate program at The University of Texas at San Antonio. Mr. McKnight has spoken at multiple UT Land Use Conferences, including a presentation in 2019 on the Hays Street Bridge Project.
Charles M. Wilson
Associate with Baker Moran.
Mr. Wilson represents electric utility companies, pipeline companies, cities, and landowners in all facets of the right of way acquisition, from the initial negotiations through litigation. Mr. Wilson also represents parties to real estate transactions and property disputes involving fraud, breach of warranty, property damage, negligence, nuisance, trespass, and other property-related matters.