West Virginia Land and Water Law
Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before the start time.
Friday, May 3, 2024
8:30 am – 4:30 pm EDT
Identifying, Classifying and Locating Easements
Presented by: Barry Savage, PLS
- 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
Understanding Riparian and Water Rights
Presented by: Barry Savage, PLS
- 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
Trespass, Adverse Possession, and Other Unauthorized Access to Land
Presented by: William C. Brown, III
- Elements of civil trespass to land
- Reviewing the history of adverse possession
- Maintaining a claim for adverse possession
- Statute of limitations
- Elements of a claim
- Defending against a claim for adverse possession
- Examining recent adverse possession cases
Accommodating the Rights of Mineral Owners and Surface Land Owners
Presented by: Matt Davis
- Legal rights of mineral and surface owners
- Legal and practical exercise of access rights
- Where do one party’s rights end and the other’s begin?
- Rights of adjacent property owners
- Resolving disputes
Ethical Issues in Land Transactions and Development
Presented by: Whitney Kerns
- Accommodating the interests of land owners and communities
- Enforcing environmental protections
- Local control: is it necessary and who benefits?
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.
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Credits
Engineers
6.5 PDHs
Land Surveyors
6.5 PDHs (No Ethics Credit)
Attorneys
7.8 CLE Credits (Incl. 1.2 Ethics Credit)
Continuing Education Credit Information
This webinar is open to the public and is designed to qualify for 6.5 PDHs for professional engineers and land surveyors in West Virginia. Courses are not subject to pre-approval; this course does not qualify for ethics credit for land surveyors.
This webinar has been approved by the West Virginia State Bar for 7.80 CLE credits, which includes 1.20 Ethics credit.
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).
On-Demand Credits
The preceding credit information only applies to the live presentation. This course in an on-demand format is not pre-approved by any licensing boards and may not qualify for the same credits; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.
Speakers
William C. Brown III
Associate at Dinsmore & Shohl, LLP, in Huntington, WVWilliam C. Brown, III, Associate at Dinsmore & Shohl, LLP in Huntington, WV Mr. Brown is a proud West Virginian whose practice focuses on creating, growing, defending, and advising businesses in Huntington and nationwide, generating value for owners and their communities. He helps clients with corporate formation and reorganization, mergers and acquisitions, and real estate transactions. His experience also includes representing businesses in contract and real estate disputes, including litigation before the Fourth Circuit Court of Appeals and the West Virginia Supreme Court of Appeals. He earned his J.D. degree from William & Mary Law School.
James M. "Matt" Davis
Member at Jackson Kelly PLLC in Charleston, WVMr. Davis is a member of the Business Law practice group and the Energy and Oil & Gas industry groups. His practice focuses on business litigation, mineral acquisitions and sales, and general commercial transactions. A former Assistant United States Attorney, Mr. Davis prosecuted over 40 criminal cases in the Southern District of West Virginia. He has handled numerous civil matters as well, serving as lead counsel in partition actions, condemnations, civil actions involving trespass, and quiet title claims. Mr. Davis has also represented a number of public utilities, public service districts, and motor carriers in rate and certification cases before the Public Service Commission of West Virginia. He is a former Marine Corps Captain, a 1999 graduate of Emory & Henry College, and a 2008 graduate of the West Virginia University College of Law.
Whitney R. Kerns
Partner at Bowles Rice LLP in Morgantown, WVMs. Kerns is a member of the firm’s Energy Team, focusing on coal and oil and gas law. She also practices in real estate development. Her work in the coal industry has included representing and advising coal operators and coal producers on various matters. Ms. Kerns served as counsel in the acquisition of coal properties for coal operators, and represented them in leasing rights, title disputes and curative judicial proceedings. She has also defended coal producers concerning leasing disputes. In the area of oil and gas law, Ms. Kerns has performed due diligence for multi-million dollar oil and gas operation acquisitions. She has represented oil and gas operators in acquisition of properties in West Virginia and Pennsylvania, and she has counseled oil and production companies regarding leasing rights in West Virginia, Pennsylvania and Ohio. Since the Fall of 2018, Ms. Kerns has served as an adjunct professor for the West Virginia University College of Law where she teaches the course on Coal, Oil and Gas Law. She earned her law degree from the West Virginia University College of Law in 2011, where she was a member of the Order of the Coif and senior editor of The West Virginia Law Review. She is admitted to practice in West Virginia and before the United States District Courts for the Northern and Southern Districts of West Virginia.
Barry E. Savage, PLS
Survey Products Group Manager with Tennessee Valley Authority in Chattanooga, TNPrior to his service at TVA, Mr. Savage was in private survey practice for 10 years specializing in dispute resolution and expert witness services. He has surveyed several disputed state boundaries to resolve jurisdictional conflicts. Mr. Savage is an adjunct professor at Cleveland State Community College where he teaches courses in boundary law, geodesy, GIS, and surveying fundamentals. He has researched and retraced the historical surveys of Henry David Thoreau and has published several articles on the subject. Mr. Savage teaches exam review and continuing education seminars at various state and local conferences across the country.