Registration: 8:00 - 8:30 am
Morning Session: 8:30 am - 12:00 pm
Lunch (On your own): 12:00 - 1:00 pm
Afternoon Session: 1:00 - 4:30 pm
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
Creating and Managing Highway Rights-of-Way
Identifying potential rights-of-way
Negotiating and valuing easements
Rights included in right-of-way
Maintenance of rights-of-way
Alterations and encroachments
Understanding Utility Easements and Rights of Way
Current law on utility rights of way
• Federal laws and regulations
• State laws and regulations
Types of utilities affected
• Electric, water, natural gas, telecommunications, satellite communication
Basis for and definition of the easement
Encroachments and interferences
Current issues involving utility easements
Eminent Domain Law
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
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Who Should Attend
- Land Surveyors
- Paralegals/Legal Assistants
- Limited Practice Officer
6.5 Washington CLE Hours
6.5 CLE Hours
6.5 Law & Legal Procedure Hours
Engineers & Land Surveyors
Continuing Education Credit Information
This seminar is open to the public. It has been approved by the Washington State Bar Association for 6.5 CLE hours for attorneys. The WSBA approval extends to Washington paralegals.
The Limited Practice Board of the Washington State Bar Association has approved this course for 6.5 Law & Legal Procedure hours for limited practice officers.
This course offers 6.5 PDHs to Washington professional engineers and land surveyors, to whom the subject matter is professionally relevant. Educators and courses are not subject to preapproval in Washington.
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.
Matthew R. Hansen
Partner at Miller Nash Graham & Dunn LLP in Seattle, WA
Mr. Hansen is the leader of the Condemnation & Real Estate Valuation team and is a member of the firm’s Real Estate Litigation practice team. In connection with his active condemnation practice, he advises and represents both municipal agencies and property owners regarding substantive and procedural eminent domain law. Mr. Hansen is also an active real estate litigator, representing and counseling clients in all aspects of real property litigation, commercial litigation, and commercial landlord-tenant law, including lease negotiations, disputes, workouts and unlawful detainer actions. He is a frequent guest speaker on legal issues involving eminent domain law and has served as author and editor for a number of state and national legal treatises on the topic. Mr. Hansen is the immediate past president of the Puget Sound Chapter of the International Right of Way Association and serves the Association as its vice-chair to the International Ethics Committee.
David S. Kerruish
Owner at David S. Kerruish, P.S., in Seattle, WA
Mr. Kerruish is a sole practitioner of law, emphasizing real estate and business law. His real estate expertise focuses on the development, construction, sale and financing of residential and commercial projects. A significant portion of his work concerns the creation of covenants and easements, the resolution of boundary and property use issues, and the formation of agreements involving land owners. His clients are residential and commercial contractors and subcontractors, brokers, escrow agents, lenders, property managers, investors, sellers and buyers. Mr. Kerruish received his B.S. degree from Oregon State University and his J.D. degree from the University of Oregon School of Law.
Jacqualyne J. Walker
Associate at Miller Nash Graham & Dunn LLP in Seattle, WA
Ms. Walker is a member of the Condemnation, Real Estate, and Litigation teams. Her practice focuses on complex commercial and business litigation, including eminent domain, residential and commercial real estate, product liability, class action, and contract disputes. As part of her condemnation practice, she advises and represents municipal agencies and property owners regarding eminent domain law. Her real property litigation practice includes representation of individuals and businesses regarding landlord-tenant issues, contract disputes, restrictive covenants, land use, zoning and boundary disputes. Prior to joining Miller Nash Graham & Dunn, Ms. Walker negotiated multimillion dollar contracts between The Boeing Company and its suppliers. She received her J.D. degree, magna cum laude, from Seattle University School of Law.
Kinnon W. Williams
Shareholder at Inslee, Best, Doezie & Ryder, PS, in Bellevue, WA
With a focus on eminent domain and municipal law, Mr. Williams is regarded as one of the leading eminent domain trial attorneys in Washington state, having represented both public entities and private property owners in negotiations, mediation, and bench and jury trials, including successfully arguing cases before the Washington State Supreme Court. He provides special and general legal counsel to local governments including cities, fire departments, and utilities. Mr. Williams offers a comprehensive approach to local governments’ legal needs, whether dealing with a specific legal issue or providing day-to-day counsel. He is co-authorof the 2010 Washington State Bar Association Real Property Deskbook Chapter on eminent domain, and he is a frequent lecturer and participant in continuing legal education and trade association seminars on eminent domain and inverse condemnation.