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.

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

Professional Engineers
6.5 PDHs

Land Surveyors
6.5 PDHs (No Ethics Credit)

Attorneys
7.8 CLE Credits (Incl. 1.20 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, WV

William 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, WV

Mr. 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, WV

Ms. 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, TN

Mr. Savage began his survey career while in college in 1981. He graduated from the University of Tennessee at Martin with a B.S. degree in Civil Engineering Technology. Mr. Savage worked for the next 10 years for various civil/survey firms in positions ranging from crew chief to senior designer. In 1993 he started Savage Surveying and Mapping. While operating his firm Mr. Savage surveyed several state lines to resolve jurisdictional conflicts. He served as survey consultant during the construction of the Ocoee Whitewater venue for the 1996 Olympics. Mr. Savage is currently the Survey Products Manager at the Tennessee Valley Authority providing survey services to support their seven-state service area. He has been an adjunct faculty member at Cleveland State Community College for 20 years where he teaches courses in boundary law, geodesy, and general surveying. Mr. Savage and his students have retraced the historical surveys of Henry David Thoreau on Walden Pond in Concord Massachusetts. He teaches continuing education courses on surveying and boundary issues across the country. Mr. Savage is a licensed surveyor in Tennessee, Georgia, and Alabama.

Streamable MP4/PDF Price: $329.00