Utah Easements, Roads, and Eminent Domain
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8:00 – 8:30 am MDT
8:30 am – 12:30 pm MDT
12:30 – 1:30 pm MDT
1:30 – 4:30 pm MDT
Development of Utah Road and Highway Laws J. Stahl
State of Deseret
• Preemptions, townsites and subdivisions
• Road dedications by plat
• State land grants
Road case study
Identifying, Classifying and Locating Easements J. Stahl
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
Knowing when and how to terminate easements
Obstructing use of easements and determining remedies for obstruction
Eminent Domain Law J.C. Smith
Understanding eminent domain powers C. Preece
• 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 J.C. Smith
Condemnation process for government use C. Preece
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
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 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.
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Professional Engineers & Land Surveyors
6.5 CLE Credits
Utah Title Insurance Producers
6.0 CE Hours
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 PDHs to Utah professional engineers and land surveyors. The Utah Professional Engineers and Professional Land Surveyors Board does not preapprove courses or providers of continuing education.
This webinar has been evaluated and approved by the Utah State Board of Continuing Legal Education for 6.5 CLE credits.
This webinar has evaluated and approved by the Utah Insurance Department for 6.0 title continuing education hours for title insurance producers.
Visit this course listing at www.halfmoonseminars.org for updates on pending credits.
Completion certificates will be awarded to participants who complete this event and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Clayton H. Preece
Clayton H. Preece joined Smith Hartvigsen in 2014 upon his graduation from The George Washington University Law School. Mr. Preece represents individuals and businesses in a wide range of litigation matters, including business and construction disputes, products liability, natural resources, oil and gas, and covenants not to compete. He also has experience in settlement negotiations and mediation.
J. Craig Smith
J. Craig Smith has more than three decades of experience as an attorney, in which he has successfully handled a number of complex water disputes, land use disputes, takings claims, and other issues. He has argued over 30 appeals to the Utah Supreme Court. Mr. Smith has represented public and private parties in takings claims arising from land use decisions, represented numerous water users in successful settlement of instream flow claims on the San Rafael River, and won appeals for municipalities and water entities before the Utah and New Mexico Supreme Courts. His most notable projects include securing the water rights for Duchesne City through an act of Congress, successfully entitling and securing water rights for a multimillion-dollar resort in Kane County, and creating the first municipal natural gas utility in Utah.
John B. Stahl
President of Cornerstone Professional Land Surveys, Inc.
John B. Stahl is a professional land surveyor and president of Cornerstone Professional Land Surveys, Inc. has been involved in land surveying, engineering and related fields since 1976, specializing in boundary retracement and boundary dispute resolutions and litigations. He is licensed in the States of Utah and Montana. In addition to the operation of his business, Mr. Stahl serves as an adjunct professor at Salt Lake Community College where he lectures 54 hours per year on the fundamental elements of Land Boundary Law. Mr. Stahl was formerly the instructor for the Land Survey Mathematics and Ethics & Liability Courses. He also participates annually in Boundary Law Seminars for the National Business Institute (NBI) and HalfMoon Education. He is also a member of the Utah Council of Land Surveyors (UCLS) serving as its chair in 1992. Mr. Stahl takes an active role in education and legislative concerns of the profession.
Mr. Stahl provides expert witness services and assistance to attorneys, title companies, developers and land owners. He can assist with the necessary title research, historical research and analysis of land boundary or title problems. His insight and expert application of legal principles affecting the location of boundary lines or the rights, title or interests of property will provide an element of certainty necessary for knowledgeable, informed decisions. Mr. Stahl can provide input and assistance in the litigation process in the preparation of complaints, responses, interrogatories, and requests for production. He can prepare surveys, reports, affidavits and exhibits necessary for presentation in the courtroom.
Mr. Stahl has over 27 years of experience and involvement in the land surveying profession. He will utilize his years of experience and knowledge in the field of land surveying as well as more than 15 years of business ownership to meet the land surveying needs of his clients. He keeps abreast of current events within the profession to further the education of the public and career students. His background enhances projects through the proper analysis and determination of boundary locations and encroachments, and their impact upon rights, title and interests.