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Presenter: Nicholas J. Boerke and 4 more

Seminar Date:

Seminar Location: Brookfield, WI

Sheraton Milwaukee Brookfield Hotel
375 South Moorland Road
Brookfield, WI 53005
Phone: 262-364-1100

This seminar is closed or full.


Registration:                        7:30 - 8:00 am

Morning Session:                8:00 - 11:30 am

Lunch (On your own):         11:30 am - 12:30 pm

Afternoon Session:             12:30 - 4:30 pm

Identifying, Classifying and Locating Easements R. Streicher

   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
   Obstructing use of easements and determining remedies for obstruction

 Trespass, Adverse Possession and Other Unauthorized Access to LandR. Johnson

   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

Understanding Utility Easements and Rights of Way J. Rolling

   Types of utility easements
      • Electrical transmission, water, pipelines and natural gas, telecommunications
   Creation and definition of the easement
      • Structure of common utility easements
      • Regulatory approval process
   Eminent domain and condemnation law
      • Just compensation
   Current law on utility rights-of-way
      • Federal and state laws and regulations
      • Utility accommodation in existing rights-of-way
   Utility easements over time
      • Encroachments and interference
      • Modification and expansion
      • Maintenance
   Current issues involving utility easements

Eminent Domain Law and Condemnation Practice N. Boerke

   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
      • Hearing and right of appeal
      • Valuing the property taken
   Condemnation process for utility and other quasi-public use

Avoiding, Identifying and Resolving Ethical Issues in Land Transactions and DisputesM. Hazelbaker

   Conflicts of interest: identifying your client
   What duties do you owe, and to whom do you owe them?
   Do you need to maintain confidentiality, and for whom?
   Complying with your professional responsibility for honesty and truthfulness
   Practicing only in areas of competence
   Ethical solicitation of business
   Taking referrals from other professionals

Credit Information:

Who Should Attend

  • Attorneys
  • Engineers
  • Land Surveyors
  • Title Insurance Professionals

Wisconsin Attorneys
     8.0 CLE Hours (1.0 EPR)
Professional Engineers & Land Surveyors
     8.0 PDHs, Including
     1.0 Ethics Hour
Title Insurance Professionals
     Non-Credit Continuing Ed.

Continuing Education Credit Information

This seminar is open to the public. It has been approved by the Wisconsin Board of Bar Examiners for 8.0 CLE hours, including 1.0 EPR hour for attorneys.

This course offers 8.0 professional development hours, including 1.0 professional conduct and ethics hour, to Wisconsin professional engineers and land surveyors. Educators and courses are not subject to pre-approval in Wisconsin.

Wisconsin engineers and land surveyors seeking continuing education credit 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.

This seminar offers a continuing education opportunity to Wisconsin title insurance professionals. Continuing education is not mandatory in Wisconsin.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire program. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.


Nicholas J. Boerke

is senior counsel at Michael Best & Friedrich LLP. He focuses his practice on real estate, tax, and corporate law, including real and personal property tax assessments, property tax exemptions, and PILOT agreements; eminent domain matters involving challenges to a condemnor’s right to take property, just compensation appeals, and obtaining relocation benefits for displaced property owners and tenants; all aspects of the acquisition, sale, or lease of commercial, residential, and industrial properties; the preparation and negotiation of option agreements, easements, covenants, licenses, and other real estate documents; and zoning and permit approvals, tax incremental financing (TIF), and development agreements. Before joining Michael Best, Mr. Boerke was an associate with another full-service law firm and an attorney with Deloitte Tax LLP.

Mark B. Hazelbaker

is an attorney at Kasieta Legal Group, where he provides more than 30 years of diverse experience. His career includes service as in-house counsel to the Wisconsin Counties Association, and work as a county attorney, personnel director, and administrator. His 22 years of private practice experience include extensive litigation and business experience. He focuses on municipal and land use law, employment, and small business. Mr. Hazelbaker draws on a wide range of experience to be of assistance to clients in family law, criminal defense, government relations, and real estate. He received his undergraduate and law degrees from UW-Madison. Mr. Hazelbaker has represented individuals, communities, and businesses in every part of Wisconsin. He frequently teaches other lawyers in continuing legal education courses.

Ralph E. Johnson

is an attorney at Carney Thorpe, LLC. He joined the firm in 2015 after nearly 30 years as staff attorney and then as managing attorney with the Janesville UAW-GM Legal Services Plan. Mr. Johnson has extensive experience in handling virtually all legal matters of individuals and small businesses. He focuses his practice on litigation involving real estate, including eminent domain, debtor-creditor matters where he will be serving as a Trustee in Chapter 128 debt amortizations, and consumer rights. Mr. Johnson also handles matters in probate court, estate planning, and family law.

Joseph J. Rolling

is an attorney in the Madison office of von Briesen & Roper, s.c. His practice is focused on eminent domain, property tax assessment, and land valuation litigation. Working for his father’s appraisal practice before attending law school has given him a unique perspective on the land acquisition process. Mr. Rolling has spoken on eminent domain and property issues at the request of the Appraisal Institute – Wisconsin Chapter, the American Public Works Association, the Transportation Research Board, the International Right of Way Association, and the State Bar of Wisconsin. He earned his B.S. degree in Economics and his J.D. degree from the University of Wisconsin-Madison. Mr. Rolling has been recognized as an “Up and Coming Lawyer” by the Wisconsin Law Journal and named as a finalist for the International Right of Way Association’s Young Professional of the Year Award.

Rodman W. Streicher

is an attorney in the Appleton office of von Briesen & Roper, s.c. His areas of practice include eminent domain, property tax, and commercial and real estate litigation. Mr. Streicher has represented local governments in excessive assessment, unlawful taxation, and land use litigation, as well as in eminent domain disputes. He has also represented private sector property owners in real estate disputes. He received his B.A. degree from the University of Wisconsin-Madison in 2008 and his J.D. degree from Cornell University in 2012.

Tuition Costs:

Standard Tuition: $289.00
Online Tuition (pre-registration): $289.00
Group Prices
3 or more people each: $269.00

Each registration includes one copy of a manual prepared by the seminar speakers.