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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: 85 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 1, 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.
     
  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.4
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours credit.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.0
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.0 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • MS CLE 1.4
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.4 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NH MCLE 1.4
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 80 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.0
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.4
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.4 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of self-study CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • 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.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • 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.
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More Program Information

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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Product ID: 399875
Published 2017
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