Texas Land Laws 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
Log Into Webinar: 7:30 – 8:00 am
Morning Session: 8:00 am – 12:30 pm
Lunch (On your own): 12:30 – 1:00 pm
Afternoon Session: 1:00 – 5:00 pm
Boundary Law
A. Smith
Understanding basic principles of boundary law
• Determine the intent of the grantor
• Follow the steps of the original surveyor
Evaluating boundary evidence
• Legal descriptions, natural monuments, artificial monuments,
adjoining boundaries, surveys, maps, statements and testimony
Resolving boundary disputes
Accommodating Surface Use and Mineral Rights
A. Smith
History and development of severed mineral rights
Rights to mineral access and development
Entering into surface use agreements
Resolving disputes between mineral and surface owners
Land Use Law
J. Vinson
Understanding land use law
• Comprehensive planning
• Zoning
• Subdivision platting
• Restrictive covenants/deed restrictions
• Nuisance
• Re-zoning, including PUD, PD, SUP, CUP
• Special exceptions
• Traffic/parking
Handling land use approvals
• Plats
• Variances
• Interpretations/appeal of staff decisions
• Administrative appeals
• Litigation
Eminent Domain and Condemnation Law
C. McFarland
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 Easements
J. Stuckey
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 and Development
C. Wilson
Preventing conflicts of interest
Exercising professional judgement and the appropriate standard of care
Acting within the scope of experience/expertise
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
Texas Professional Land Surveyors:
8.0 Continuing Education Hours,
Including 1.0 Rules/Ethics Hour
Texas Professional Engineers:
8.0 PDHs,
Including 1.0 Ethics Hour
Continuing Education Credit Information
This webinar is open to the public and is approved by the Texas Board of Professional Engineers and Land Surveyors for 8.0 continuing education hours. It contains 1.0 hour of ethics content.
This course offers Texas professional engineers 8.0 PDHs, including 1.0 ethics hour. Educators and courses are not subject to preapproval.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend and participate in the entire event and who pass the quiz (80%) that follows the presentation (multiple attempts allowed).
Speakers
Charles McFarland
McFarland PLLCCondemnation Attorney
Mr. McFarland has extensive experience representing landowners whose private property is taken by the government for public use. His primary focus is highway and road widening projects impacting retail, commercial, industrial, and special-use properties. He is a frequent speaker, panelist, and author on topics relating to eminent domain and condemnation law and is the Texas member of Owners’ Counsel of America, an invitation-only national network of leading eminent domain and property rights attorneys.
Audra Smith
Attorney & Founder at Audra Smith Law, El Campo, TXMs. Smith is an attorney based in Wharton County, Texas. Her practice focuses on a wide variety of agricultural issues, especially those involving cattle. She additionally spends a significant portion of her time on oil and gas title examination, farm and ranch transactions, and real estate litigation. Ms. Smith also assists clients with estate planning, probates, and business planning needs. Ms. Smith is a graduate of El Campo High School. She received her bachelor of science degree in Agricultural Science from Texas A&M University in 2009, and received her doctor of jurisprudence degree from South Texas College of Law in 2014. She was admitted to the State Bar of Texas in 2014 and is also admitted to the Southern District of Texas. Ms. Smith is a member of the Wharton County Bar Association, formerly serving as president, and she is a member of the Texas Bar College.
Joe W. Stuckey
Attorney at Law in Rosharon
Joe W. Stuckey practices primarily in corporate, real estate, and environmental law, including transactional work and litigation. He has a B.S. degree in Civil Engineering from Texas A&M University and J.D. and L.L.M. degrees from the University of Houston Law Center. Mr. Stuckey is admitted to the practice of law in all Texas courts, the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. Claims Court. He is also licensed in Texas as a professional engineer and a registered public land surveyor.
Jonathan Vinson
Jackson WalkerAttorney & Partner at Jackson Walker, Dallas, TX
Mr. Vinson focuses his practice on all areas of land use, including representation of a wide variety of developers, property owners, and corporate, non-profit and individual clients in zoning, planning, municipal law, and economic development incentives matters. His practice includes representation before city councils and planning and zoning commissions on zoning changes, special use permits, and planned development districts, including “form-based” zoning and mixed-use projects, and before boards of adjustment on variances and special exceptions. He also counsels clients with regard to land use entitlements and permitting issues, land use due diligence, and a very wide variety of other land use and municipal law issues. Mr. Vinson enjoys working on a wide variety of land use and municipal law issues. He especially enjoys the challenges and complexities of development and redevelopment projects in denser settings, especially mixed use and higher density multifamily projects.
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.