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Private Access to Public Right of Ways

Learn about key issues including keeping trespassers off utility or other easements.This topic will include legal and practical advice on identifying the priorities in land rights and responsibilities regarding easements and rights of way as the dominant estate and as to competing interests with respect thereto. Whether the servient estate holders, other easement holders or other third parties, determining what can, may and can’t be done on the dominant estate and analyzing competing interests is often key to O & M plans for a company. Particularly with the issue of keeping trespassers off utility or other easements and the attendant potential liabilities of the easement holder ranging from complaining landowners to holders of shared easements to injured trespassers, formulating a plan to address myriad scenarios can seem overwhelming. This information helps the holders of easements and rights of way, particularly in the infrastructure and utility sectors, identify what rights are held, evaluate the rights held by others and to aid in putting together business plans for how to protect existing rights and minimize liability. This topic is critical for those in the regulated utilities industry and, particularly, the natural gas industry, as protecting assets from third-party interference is one of the cornerstones of an integrity management plan.


Runtime: 86 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Formation of Rights

  • How Did Rights Vest?
  • Prior and Subsequent Rights
  • Correlative Rights and 'Status Quo' Arguments

Use of the Dominant Estate

  • Right to Exclude Others
  • Erection of Gates or Other Barriers
  • Scope of Use

Duty and Liability Regarding Encroachments on Dominant Estate

  • Duty Owed to Co-Owners of Dominant Estates
  • Liability of Servient Estate for Use or Misuse of Servient Estate

Liability for Injuries to Persons Within Boundaries of Dominant Estate

  • Status of Injured Party May Determine Level of Duty
  • Duties of the Dominant Estate

Legal Remedies

  • Declaratory Judgements to Determine Rights
  • Injunctive Remedies
  • Trespass and Other Actions
  • Miscellaneous Actions
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on August 17, 2017.

Call 1-866-352-9540 for further credit information.

  • AICP 1.25 including Law 1.25
     
  • This course has been approved by the American Planning Association for 1.3 hours of CM credit for AICP members. Additionally, this course has been approved for 1.3 hours of Law Credit.
     

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Beth R. Minear, Esq.

Beth R. Minear, Esq.

Contract Land Staff, LLC

  • Vice president and project management strategist with Contract Land Staff, LLC
  • Practice emphasizes all aspects of land rights representation for CLS clients including but not limited to, infrastructure projects (electric, oil and gas, natural gas, highways, water, sewer, microwave tower, etc.) route preplanning, acquisition and curative matters, feasibility studies, public outreach and eminent domain
  • Assists clients in developing asset management plans for fully utilizing, maintaining and protecting existing land rights
  • Conducts regular seminars on eminent domain, real property rights analysis, curative measures, encroachment remediation and e-discovery
  • Wrote several publications and key presentations
  • Member of both the Pennsylvania Bar and the West Virginia Bar, serving on the ADR Committee for the WV State Bar; elected to the board of trustees as trustee, at large, for the Energy & Mineral Law Foundation, remains active on the Membership Committee; founded the Legal Roundtable for Southern Gas Association, where she served as chair for its inaugural two years, and has served on the Roundtable Committee for the past two years; member of IRWA Chapter 21, supporting education and advancement efforts and is a certified instructor for IRWA Course 800 “Principles of Real Estate Law”
  • J.D. degree, Capital University Law School and was accepted into the Summer Law program at St. Anne’s College, University of Oxford
  • Can be contacted at 304-514-2604
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 400787
Published 2017
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