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
Understanding Utility Easements and Rights of Way
W. M. Hensley
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
Current issues involving utility easements
Creating and Managing Highway Rights-of-Way
Identifying potential rights-of-way
Negotiating and valuing easements
Rights included in right-of-way
Maintenance of right-of-way
Alterations and encroachments
Trespass, Adverse Possession and
Other Unauthorized Access to Land
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
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
6.5 CLE Hours
and Land Surveyors
Non-Credit Continuing Ed.
Continuing Education Credit Information
This seminar is open to the public. The State Bar of California has approved HalfMoon Education as an MCLE sponsor, and this program offers 6.5 CLE hours to attorneys and paralegals.
This program offers a non-credit continuing education opportunity to California engineers and land surveyors. Continuing education is not required for license maintenance in California. Those 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 continuing education rules to determine eligibility.
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.
Kevin A. Day
Mr. Day helps his clients – public entities, transportation agencies, publicly regulated utilities, and private business owners – resolve eminent domain and complex business disputes throughout Southern California. The majority of the public projects on which he has worked have been large-scale and linear in nature, resulting in multi-million dollar challenges and claims that increase in complexity and scope as the project proceeds. His complex business litigation cases have been similarly intertwined with complicated issues featuring dense fact patterns that he must compress to their essence when presenting to the jury. Mr. Day has worked on a variety of public projects, including roadway realignments, subterranean pipelines, public transportation facilities, school campus acquisitions and the infrastructure and property rights necessary for the development, production and transmission of renewable energies throughout the state. He has experience in all phases of public projects and heavily-litigated eminent domain actions, including pre-project planning and acquisition, early project implementation, and all aspects of eminent domain and inverse condemnation trial work. In each case, he approaches the situation with the end result in mind – to resolve the matter in a way that aligns with his client’s business and strategic objectives.
Mark A. Easter
Best Best & Krieger
Mr. Easter’s practice focuses on public agency acquisitions, including eminent domain and inverse condemnation litigation. Mr. Easter is a partner in the Riverside office. He represents public agencies throughout California on a wide variety of public acquisitions, including projects for cities, counties, school districts, special districts, water districts, transportation agencies and housing authorities. He has extensive court and jury trial experience in eminent domain-related matters. Mr. Easter is a member of the Inland Empire Chapter of the International Right of Way Association (IRWA), an organization devoted to excellence in all aspects of public right-of-way work, including legal issues related to eminent domain and inverse condemnation litigation. He frequently writes articles for the IRWA and speaks at IRWA seminars. In 2018, he was named Professional of the Year by the Chapter.
Murphy & Evertz Attorneys at Law
Mr. Grabske specializes in real estate and complex business litigation. His practice is focused on assisting landowners, businesses, and public agencies with eminent domain, inverse condemnation, contract disputes, land use and environmental issues. Mr. Grabske has successfully represented clients in high stakes trials and before the Court of Appeals. Mr. Grabske has also been recognized as a “Rising Star” in Los Angeles magazine’s Southern California Super Lawyer edition. Mr. Grabske’s eminent domain experience includes total and partial takings, inverse condemnation, loss of business goodwill, precondemnation delay, environmental contamination issues, emission permitting issues, access impairment, and right-to-take challenges. Mr. Grabske also assists clients with California Environmental Quality Act (“CEQA”) and National Environmental Policy Act (“NEPA”) matters.
W. Michael Hensley
Mr. Hensley is an accomplished trial lawyer. With close to 40 years of experience helping his clients resolve disputes – through trials, arbitrations, mediations, and appeals – he’s argued cases before the U.S. Supreme Court as well as all Southern California State and Federal courts. In addition, he’s often asked to assist clients across the country and as a result has made a number of pro hac vice appearances before various Federal and State courts throughout the United States. Throughout his career, Mr. Hensley has been involved in lawsuits related to a wide range of corporate disputes, from real estate, securities, and corporate governance issues, to trade secrets, employment matters, unfair competition, and California financing laws. He has significant experience defending class action lawsuits. Finally, Mr. Hensley has an active real estate and appellate practice covering both transactional and litigation matters: he’s helped clients structure and defend mechanics liens, purchase agreements, commercial leases, homeowner’s disputes, commercial common area maintenance disputes, subordination agreements, financing arrangements, and more.
Pallamary & Associates of La Jolla
Mr. Pallamary is the president of Pallamary & Associates of La Jolla. He is a founding member of the Land Surveyors Advisory Council on Technical Standards and a recognized expert on “Standard of Care” defenses and litigation matters. He is the author of The Curt Brown Chronicles, along with Lay of the Land and the co-author of Advanced Land Descriptions written with the late Paul Cuomo and the late Roy Minnick. Mr. Pallamary is also the co-author of History of San Diego Land Surveying Experiences with the late Curtis M. Brown. He writes two monthly columns for The American Surveyor magazine. One of his recent articles dealing with the United States Supreme Court decree on the boundary between the federal government and the State of California has generated considerable discussion regarding the proper methods to be employed in establishing water boundaries. Mr. Pallamary has performed numerous boundary surveys along the California coastline and is actively involved in contested matters from Coronado to Half Moon Bay. Mr. Pallamary established and mapped out littoral lines throughout Southern California, the majority of which are located in La Jolla, California. Mr. Pallamary has extensive experience as an expert witness in local, regional and federal courts testifying as to the preparation and interpretation of land survey maps, easements, water boundaries, and related areas of practice. He has testified in more than 75 trials and has been retained as an expert witness in more than 100 cases across the State of California. Mr. Pallamary has been in the land surveying profession since 1971 and he is a frequent lecturer at conferences, seminars and universities.