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Presenter: Paul Barkhurst and 7 more

Seminar Date:

Seminar Location: Online

Register Now * Coordinator Registration Not Available.

Agenda:

Webinar instructions will be emailed before the date of the webinar.

Log into Webinar:                7:30 - 8:00 am CDT
Morning Session:                8:00 am - 12:30 pm CDT
Break:                                 12:30 - 1:00 pm CDT
Afternoon Session:             1:00 - 5:00 pm CDT



Identifying, Classifying and Locating Easements
P. Reznik, C. Barton

   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
J. McSpadden

   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



Webinar Instructions

Each webinar session earns continuing education credit and can be registered for individually. All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.


Certificates of completion will be provided for each webinar attended and will be sent via email in PDF form about five business days after the conclusion of the series.


Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements: 
Windows 7 - 10 or Mac OSX Mavericks (10.9) - macOS Catalina (10.15)


Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled


Internet connection:
 Minimum of 1Mbps       Hardware: 2GB RAM or more


For more information, visit the Support section at www.gotowebinar.com

Credit Information:

Who Should Attend

  • Attorneys
  • Engineers
  • Land Surveyors
  • Landmen
  • Paralegals/Legal Assistants

Attorneys
     8.0 Texas CLE Hours (1.0 Ethics)
     7.0 TBLS Hours, Pending Approval

Professional Engineers
     8.0 CE Hours (1.0 Ethics)

Professional Land Surveyors
     8.0 CE Hours (1.0 Ethics)

Landmen
     8.0 AAPL CE Hours (1.0 Ethics)

Paralegals
     Pending



Continuing Education Credit Information

This webinar is open to the public and is approved for 8.0 CLE hours, including 1.0 ethics hour, for Texas attorneys. HalfMoon Education has applied to the Texas Board of Legal Specialization for attorney specialization hours, which are pending.

This seminar offers 8.0 PDHs, including 1.0 ethics hour, to Texas professional engineers. Educators and courses are not subject to preapproval.

The Texas Board of Professional Land Surveying has approved this course for 8.0 continuing education hours, including 1.0 ethics hours.

The American Association of Professional Landmen has approved this program for 7.0 RL, RPL or CPL recertification credits, 1.0 ethics credit, and no CPL/ESA credits.

Completion certificates will be awarded to participants who complete this event, respond to prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).

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 repre- sented 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.

Carly Barton

Attorney at Braun & Gresham

Ms. Barton takes her compassion and skill to guide land and business owners through many different legal proceedings. Lawsuits can be complicated, but her wide range of experiences allows her to handle disputes at all levels of litigation – from the Justice of the Peace to Federal Court. As a litigator, Ms. Barton balances her clients’ needs and legal realities, while fighting for the best result possible. As a counselor, she analyzes her clients’ situation to craft creative solutions to their troubles. Communication with her clients remains a first-and-foremost priority, addressing their needs and concerns and keeping them up-to-date with the status of their matter.


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.

Russell Johnson

Partner at McGinnis Lochridge

Mr. Johnson has a multifaceted water law practice, with an emphasis on matters involving land use, wa- ter 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.

Jody McSpadden

Attorney & Partner at Dawson & Sodd

Ms. McSpadden has represented landowners in various kinds of condemnation proceedings, including inverse condemnations, takings for Dallas Cowboys football stadium, water rights takings, pipelines, powerlines, highway takings, and takings of convenience stores, restaurants and gas compressor sites. She has been integral to the eminent domain fight against the Texas Rail Project and will continue to help protect landowners from unjust condemnation. Ms. McSpadden received her undergraduate degree from Texas A&M University, earning a B.S. degree in Agriculture Development in 1998. She graduated from Baylor Law School in 2002.

Patrick Reznik

Attorney at Braun & Gresham

Mr. Reznik’s clients are land and business owners who need to resolve a lawsuit or reduce the like- lihood of litigation. His Texas farm and ranch background, agricultural engineering education, and hardworking lifestyle bring a skilled, creative, understanding and compassionate approach to protect- ing 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, deed restrictions. 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 real estate law. Wilhelm Law is proud to be of service to large and small real estate developers, public utilities, pipeline companies, oil and gas operators, wind power companies, natural resource companies, and landowners. Mr. Wilhelm holds a Masters of Energy and Environmental Law degree from The Tulane University. He is licensed to practice in Texas, Louisiana, Arkansas, and Illinois, and by numerous federal courts, including all Texas and Louisiana federal district courts and the United States 5th Circuit Court of Appeals located in New Orleans, as well as the United States Supreme Court.

Tuition Costs:

Standard Tuition: $299.00
Online Tuition (pre-registration): $299.00
Group Prices
3 or more people each: $199.00

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