Oklahoma Easements, Riparian Rights, and Eminent Domain
4301 Highline Blvd., Oklahoma City, OK 73108
(405) 946-6500
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Agenda
Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.
Log In
8:00 – 8:30 am CST
Morning Session
8:30 am – 12:30 pm CST
Lunch
12:30 – 1:30 pm CST
Afternoon Session
1:30 – 4:00 pm CST
Identifying, Classifying and Locating Easements T. Sowecke
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
A Primer on Rights of Way and Easements in Indian Country T. Sowecke
McGirt and tribal sovereignty
Review of various ownership classifications in Indian Country
Obtaining easements in Indian Country
Condemnation in Indian Country
Understanding Riparian and Water Rights K. Davis-Maddy
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
Eminent Domain Law N. Atwood
Understanding eminent domain powers
• 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 N. Atwood
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
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
Attorneys
7.0 Oklahoma CLE Hours
6.0 Texas CLE Hours
Professional Engineers
6.0 Oklahoma PDHs
6.0 Texas PDHs
Land Surveyors
6.0 Oklahoma PDHs
6.0 Texas PDHs
Continuing Education Credit Information
This seminar/webinar is open to the public and offers 6.0 PDHs to Oklahoma and Texas engineers and land surveyors, to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Oklahoma or Texas.
Engineers and land surveyors seeking continuing education credit in other states will be able to claim the hours earned at this seminar/webinar, in most cases. Refer to specific state rules to determine eligibility.
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for 7.0 hours of CLE credit, including 0 hours of legal ethics credit.
The State Bar of Texas has approved this seminar/webinar for 6.0 CLE hours for attorneys and paralegals. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and paralegals in the following specialty fields: Real Estate (6.0 Hours).
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Completion certificates will be awarded to participants who complete this webinar online, respond to prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Speakers
Nicholas Atwood
Attorney with Ritchie, Rock & Atwood Law Firm, in Pryor, OKMr. Atwood grew up in Shawnee and is a 1997 graduate from Shawnee High School. He received his bachelor of science degree from Saint Mary’s University in May 2001. Mr. Atwood received his Juris Doctor from Oklahoma City University School of Law in May 2008. He was admitted to practice law before all Oklahoma state courts in September of 2008. Mr. Atwood’s practice is focused on general civil litigation, property law, eminent domain law, business law, municipal law, estate law, employment law, family law, and tribal law. He is licensed to practice in the Oklahoma State Courts and in the United States District Court for the Western District of Oklahoma. Mr. Atwood held the position of Deputy General Counsel for Oklahoma Governor Brad Henry. While in the Governor’s General Counsel Office, he was responsible for administrative rules; reviewing all clemency, pardon, parole and revocation requests; assisting with all tribal compacting; drafting executive orders and proclamations; and working on appointment qualifications, contract reviews, legislation analysis, and litigation. After serving in Governor Henry’s administration, He moved to the Oklahoma Department of Transportation. Mr. Atwood represented ODOT in eminent domain actions, property ownership and title issue across the State of Oklahoma. In 2010, he was selected by the American Council of Young Political Leaders for a United States Delegation to Turkey. Mr. Atwood is the 2018 Drive-Chair for the Pottawatomie County United Way. Additionally, he is a member of the Pottawatomie County Bar Association, Shawnee Chamber of Commerce, Shawnee Forward, Shawnee Yes!, Shawnee Kiwanis Club, NJCAA Basketball Committee and active member throughout the Shawnee community. Mr. Atwood previously served as a board member on the Oklahoma Donor Education and Awareness Advisory Council. He resides in Shawnee and manages the Firm’s Shawnee Office.
Kaylee P. Davis-Maddy
Partner and Attorney with Doerner Saunders Daniel & Anderson, LLP, in Oklahoma City, OKMs. Davis-Maddy is a reputable trial lawyer in the commercial, healthcare, environmental and water law sectors. Although primarily a litigator, she practice is full service—assisting her clients and their needs that span the employment, commercial, real property, regulatory and administrative fields. Ms. Davis-Maddy healthcare practice includes advising physicians and other licensed providers regarding corporate, administrative and litigation issues, while her environmental practice focuses on interacting with state and federal agencies to provide her clients with the outcomes they desire. Most recently, She has obtained favorable results for clients in state and federal licensure and certification actions, including with the Department of Environmental Quality and Oklahoma State Board of Medical Licensure and Supervision. Ms. Davis-Maddy is an accomplished water attorney, regularly assisting clients in asserting, obtaining and protecting their water rights in court or at state agencies. Her clients include small and large municipalities, corporations, landowners and family farmers.
Tim Sowecke
Attorney and Shareholder with GableGotwalsMr. Sowecke his practice focuses on state and federal litigation and regulatory compliance and enforcement related to energy and environmental law. He represents energy, chemical, manufacturing, real estate, and agricultural clients in state and federal permitting and regulatory compliance and enforcement matters. Mr. Sowecke comprehensive environmental practice addresses federal and state regulations under the Pipeline and Hazardous Materials Safety Administration (PHMSA), National Environmental Policy Act (NEPA), Clean Air Act (CAA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), Toxic Substances Control Act (TSCA), Toxics Release Inventory program (TRI), Endangered Species Act (ESA), and the National Historic Preservation Act (NHPA). He also frequently assists clients with drafting and submitting comments to proposed rules and regulations related to state and federal environmental laws. Mr. Sowecke has extensive experience in complex environmental contamination issues related to water, soil, and air. He regularly works with consulting and testifying experts (e.g., engineers, geologists, geochemists, hydrologists, lab technicians) and other scientists at state and federal agencies on investigations, analyses, and interpretations of large data sets in the context of administrative and civil enforcement actions and state and federal litigation. Mr. Sowecke regularly guides his clients through permitting, compliance, and enforcement actions in front of the Oklahoma Department of Environmental Quality (ODEQ), Oklahoma Corporation Commission (OCC), and Oklahoma Water Resources Board (OWRB), as well federal agencies such as the Environmental Protection Agency (EPA), Army Corps of Engineers (USACE), Department of Interior (DOI), Bureau of Indian Affairs (BIA), and Occupational Safety and Health Administration (OSHA).