Registration: 8:00 - 8:30 am
Morning Session: 8:30 - 11:30 am
Lunch (On your own): 11:30 am - 12:30 pm
Afternoon Session: 12:30 - 4:30 pm
Understanding Michigan Surface Water and Groundwater Rights
Practical and legal foundations for surface water and groundwater rights
Riparian, other access, and public rights on the Great Lakes and inland waters
Determining upland and bottomland boundaries and the scope of riparian and other access rights
Private property rights and the public trust doctrine
Determining rights to groundwater
Groundwater use, withdrawals, and discharges of and to groundwater
Resolving Boundary Disputes
M. McLean, S. Tuttle
Types of boundary disputes
• Adverse possession, easements, boundaries
Obtaining and reviewing boundary evidence
Methods for establishing disputed boundaries
Participating in dispute resolution techniques
• Litigation, arbitration, mediation, agreements, title insurance
Examining boundary dispute case studies: exploring techniques for resolving sample disputes
Defining Trespass and Adverse Possession
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
Identifying, Classifying and Locating Easements
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
Understanding Utility Easements and Rights of Way
S. Estey, D. Fryer
Current case law on utility rights of way
• State laws and local regulations
Types of utilities affected
• Electric, gas, and telecommunications
Basis for and definition of the easement
Encroachments and interferences
Site plan issues
Current issues involving utility easements
Who Should Attend
- Land Surveyors
Michigan: Non-Mandatory CLE
6.5 Indiana CLE Hours
6.5 Ohio CLE Hours
6.5 CE Hours
6.5 CE Hours
Continuing Education Credit Information
This seminar is open to the public and offers a non-mandatory continuing legal education opportunity to Michigan attorneys. The Indiana Supreme Court and the Ohio Commission on CLE have each approved this course for 6.5 general CLE hours for attorneys.
This seminar offers Michigan professional engineers and professional surveyors 6.5 continuing education hours. Educator sand courses are not subject to preapproval in Michigan.
Professional engineers and surveyors seeking continuing education in other states will be able to apply the hours earned at this seminar, in most cases. Refer to specific state rules to determine eligibility. Michigan specific course content is not eligible for continuing education credit in Indiana and Ohio.
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.
Mischa M. Boardman
Zausmer, August & Caldwell, P.C., Farmington Hills, MI
Ms. Boardman is a shareholder with Zausmer, August & Caldwell, P.C. She focuses her practice on eminent domain and commercial litigation around issues involving trade secrets, real property, construction, and business torts at the trial and appellate levels in state and federal courts. Her clients include transmission companies, municipalities, publicly traded REITs, Fortune 500 corporations, small enterprises, and individuals. She frequently speaks on condemnation and right-of-way topics. Ms. Boardman earned her undergraduate and law degrees from the University of Michigan and has been recognized as a Michigan Super Lawyer and a Michigan Top Lawyer. In 2015, Michigan Lawyers Weekly named her to its elite annual list of “Women in theLaw.”
Stephen R. Estey
Dykema, Bloomfield Hills, MI
Mr. Estey has extensive experience in expediting land use entitlements, and resolving a wide variety of disputes related to zoning, planned unit developments, special land uses, variances, eminent domain, easements, adverse possession, boundary and title issues, and various regulatory and administrative challenges. For over a decade, he has handled hundreds of eminent domain proceedings for various energy industry clients including electric transmission providers and petroleum pipeline companies. Mr. Estey also has extensive experience in the siting of wireless telecommunication towers under the Telecommunications Act of 1996. He serves as the chair for the State Bar of Michigan, Real Property Section Zoning and Land Use Committee. Since 2013, Mr. Estey has been recognized in Michigan Super Lawyers.
Douglas J. Fryer
Dykema, Bloomfield Hills, MI
Mr. Fryer represents clients in a wide range of complex business, commercial and real estate litigation matters, including contract and commercial lease disputes, construction disputes, adverse possession, easement and other real estate disputes, and condemnation. He has experience in administrative proceedings before the Michigan Tax Tribunal and the Michigan Public Service Commission. Mr. Fryer has extensive experience with eminent domain law, representing electric transmission companies in the acquisition of property interests necessary for the construction, operation and maintenance of new transmission facilities. He also assists clients in the planning and siting of new transmission infrastructure, including both administrative and state- court litigation.
Stephen M. Kelley
Stephen M. Kelley, P.C., St. Clair Shores, MI
Mr. Kelley is a member of the State Bar of Michigan and its Environmental, Insurance and Indemnity, and Appellate Law sections, and he is a past member of the Surface Water/Groundwater Committee of the Environmental Law section. Mr. Kelley also is a member of the American Bar Association and its Environment, Energy & Resources, Litigation, and Tort Trial & Insurance Practice sections. He served as chair of the Environmental & Energy Policy Committee of the Greater Detroit Chamber of Commerce (now Detroit Regional Chamber) for three years. He has been named a Michigan Super Lawyer each year since 2008 and was elected a Life Fellow of the Michigan State Bar Foundation.
Bolhouse, Baar & Hofstee, PC, Grandville
Ms. McLean joined Bolhouse, Baar & Hofstee in 2011 and became a partner in 2015. Prior to practicing law, she worked for a national mortgage lender and has over 15 years experience in this capacity. By combining her vast experience in the mortgage lending and real estate industries with the practice of law, Ms. McLean offers her clients a unique perspective as their advocate. She currently focuses her practice in the areas of real estate, family law, criminal defense, and civil litigation. She received her law degree from Michigan State University College of Law.
Devin R. Sullivan
Zausmer, August, & Caldwell, P.C., Farmington Hills, MI
Mr. Sullivan focuses his practice on real estate, eminent domain, and commercial litigation in trial courts, on appeal, and at arbitration. He frequently represents condemning agencies in complex eminent domain cases, including the Great Lakes Water Authority, the Michigan Department of Transportation, and International Transmission Company (“ITC”). He received an undergraduate degree in Business Administration from the University of Michigan’s Ross School of Business, before earning his law degree from Harvard Law School.
Bolhouse, Baar & Hofstee, PC, Grandville
Ms. Tuttle joined Bolhouse, Baar & Hofstee in 2012 and focuses her practice in the areas of real estate, family law, criminal defense, and litigation. She has developed a reputation for negotiating creative resolutions for her clients and has achieved success through both mediations and trials. Ms. Tuttle is committed to listening, educating, and advising her clients to achieve the best possible outcome. She received her law degree from Michigan State University College of Law.