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Agenda:

Registration:                     7:30 - 8:00 am
Morning Session:             8:00 am - 12:30 pm
Lunch (On your own):      12:30 - 1:30 pm
Afternoon Session:          1:30 - 5:30 pm



Identifying, Classifying and Locating Easements  P. Reznik & S. Neldner

   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


Eminent Domain Law
  C. Clough & C. Oddo

   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. Laurent & R. Brandys  

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


Understanding Utility Easements and Rights-of-Way  P. Barkhurst 

   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 communications
   Basis for and definition of the easement 
   Encroachments and interferences
   Maintenance
   Environmental issues
   Condemnation law
   Current issues involving utility easements


Understanding Riparian and Water Rights  R. Johnson 

   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


Ethical Issues in Land Access and Development  J. Wilhelm 

   Land: a finite, depletable resource
   Extent of private rights in land
   Conflict with rights of the public
   Ethical issues in agriculture, water use, mineral access and development

Credit Information:

Who Should Attend

  • Attorneys
  • Engineers
  • Land Surveyors

Professional Engineers
     8.0 PDHs (1.0 Ethics)
Professional Land Surveyors

     Course Approval Pending
Texas Attorneys

     8.0 CLE Hours (1.0 Ethics)
     TBLS Pending


Continuing Education Credit Information

This seminar is open to the public. It offers 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval in Texas.

HalfMoon Education has applied to the Texas Board of Professional Engineers and Land Surveyors for course approval for professional land surveyors. A decision from the Board is expected in mid to late November. Land surveyors wishing to be notified of the Board’s determination can email doug@halfmoonseminrs.org.

Engineers and land surveyors seeking continuing education credit in other states will be able to claim the hours earned at this seminar, in most states. Review specific state rules to determine eligibility.

The Texas State Bar has approved HalfMoon Education as a CLE provider. This course offers 8.0 CLE hours including 1.0 ethics hour, to attorneys. HalfMoon Education has applied to the Texas Board of Legal Specialization for certification hours for attorneys and paralegals, which are pending.

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.

Speakers:

Paul Barkhurst

Shareholder at Barkhurst & Hinojosa, P.C.

Mr. Barkhurst has extensive litigation experience in business and real estate disputes. He has developed a special concentration in the area of eminent domain, representing governmental entities as well as landowners in numerous lawsuits. He has successfully represented numerous owners in ranch power line takings. Mr. Barkhurst also represents governmental entities in construction disputes, and he has represented contractors and subcontractors in private disputes. Mr. Barkhurst has a B.A. degree, with honors, from Southwest Texas State University and a J.D. degree, magna cum laude, from Texas Tech University, and he is a former USAF Captain and F-111 Aviator.

Roy Brandys

Partner at Barron, Adler, Clough & Oddo L.L.P.

Mr. Brandys has exclusively represented landowners in eminent domain, inverse condemnation, and related land use matters for over 16 years. He has represented landowners in negotiating settlements, in special commissioners’ hearings, and in jury trials on hundreds of road and highway takings, power line takings, pipeline takings, takings of billboard easements, and other similar takings. Mr. Brandys is a graduate of Knox College and received his J.D. degree from Wake Forest University where he was a member of the Law Review.

Christopher Clough

Partner at Barron, Adler, Clough & Oddo L.L.P.

Mr. Clough is a partner with Barron, Adler, Clough and Oddo, L.L.P., the largest eminent domain only firm in the state focused solely on representing landowners under threat of condemnation. Mr. Clough joined the firm in 2008 and focuses exclusively on eminent domain law and inverse condemnation matters. He currently serves as lead condemnation counsel in Texas for numerous major institutional clients and national publicly traded companies. Mr. Clough is a graduate of Columbia University with honors and the University of Texas, School of Law with honors.

Russell Johnson

Partner at McGinnis Lochridge

Mr. Johnson has a multifaceted water law practice, with an emphasis on matters involving land use, water rights and the Endangered Species Act (ESA). His clients are generally landowners, industries, mineral owners and developers seeking to acquire, safeguard, develop or convey water resources. Formerly, he represented a large municipal water system in a variety of matters, including legislative efforts to create the Edwards Aquifer Authority and to modernize Texas water law. He is a board member of the Center for Water Law and Policy at Texas Tech University School of Law, as well as an adjunct professor at Texas State University teaching water policy.

Nick Laurent

Partner at Barron, Adler, Clough & Oddo L.L.P.

Mr. Laurent exclusively represents landowners in eminent domain, inverse condemnation, and land use transactions and litigation. His practice includes road and highway takings as well as pipeline, power line, and other utility takings. He has represented landowners in some of the most significant pipeline cases in Texas and also represents landowners in contested cases on power line routing. Mr. Laurent has been appointed chair of the Condemnation Committee of the American Bar Association’s Section of Real Property, Trust and Estate Law for 2018-2019. He is a graduate of Southern Methodist University and the University of Tulsa, College of Law.

Shane Neldner

Attorney at Braun & Gresham

Mr. Neldner levels the playing field for his condemnation clients with his unique insider’s understanding of the specific policies and practices used by condemning authorities. A former assistant attorney general for the Texas Office of the Attorney General (OAG), he handled condemnation or eminent domain cases for Texas DOT. His time at the OAG gave him the opportunity to see firsthand the arguments and strategies that give landowners the best results. Now Mr. Neldner takes the side of landowners through the frustrating and emotional process of condemnation, giving them the peace of mind and confidence to defend themselves and their land.

Christopher Oddo

Partner at Barron, Adler, Clough & Oddo L.L.P.

Mr. Oddo joined the firm in 2015 and focuses exclusively on eminent domain law and inverse condemnation matters. Prior to joining the firm, he served as an assistant attorney general for the State of Texas and was a partner with the law firm of McGinnis, Lochridge & Kilgore, L.L.P. where he served as chair of the firm’s Eminent Domain and Inverse Condemnation Practice Group. Mr. Oddo is a graduate of Texas A&M University and the University of Tulsa, College of Law.

Patrick Reznik

Attorney at Braun & Gresham

Mr. Reznik’s clients are land and business owners who need to resolve a lawsuit or reduce the likelihood of litigation.  His Texas farm and ranch background, agricultural engineering education, and hardworking lifestyle bring a skilled, creative, understanding and compassionate approach to protecting clients’ rights and resolving conflicts.  Mr. Reznik has handled a variety of disputes, including those involving rural land uses, urban land uses, condemnation, transmission line routing, leases, contracts, estates, contested wills and probate, shareholder’s rights, and deed restrictions, he has represented developers, builders and homeowners.  He received his B.S., M.S. and J.D. degrees from Texas Tech University.

Jack Wilhelm

Founder at Wilhelm Law Firm

Mr. Wilhelm focuses his practice on oil and gas law and state taxation issues before the Texas Comptroller of Public Accounts. His oil and gas clients include Fortune 500 oil and gas companies, privately owned oil and gas independents, and sophisticated landowners. Most of the oil and gas practice focuses on real estate (title examination, due diligence, and negotiations) and assisting clients with matters before the General Land Office. In addition to his J.D. degree, Mr. Wilhelm holds a masters degree in Energy and Environmental Law from The Tulane University. He is licensed to practice in Texas, Louisiana, Arkansas, and Illinois, and by numerous federal courts, including the United States Supreme Court.

Tuition Costs:

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

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