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Utilizing Public and Private Rights of Way - Gaining Legal Access

Gain an understanding of the nuances of land rights access issues for rights-of-way or easements held by public or private entities.

With the increasing congestion in utility corridors, and permitting authorities’ increasing reluctance to burden greenfields, entities looking to expand their footprints or increase use within existing rights need to be mindful of land rights limitations. Similarly, entities that are vested with land rights may or may not be able to prevent others from encroaching thereon, depending upon the language of the vesting instrument, case law within the state, and impacts of state and federal laws. The discussion will start at land rights analysis, moving through the most-commonly contested issues in access acquisition or prevention, and will give you the practical tools to analyze rights for contemplated projects.

Runtime: 90 minutes
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Why Lorman?

Over 31 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 31 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 March 19, 2018.

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

  • AICP 1.5 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.5 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     

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

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More Program Information

Why Lorman?

Over 31 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.

Global Project Solutions Consultants, LLC

  • President of Global Project Solutions Consultants, LLC, a comprehensive project strategy, land acquisition, stakeholder engagement, and regulatory compliance company
  • Along with other professionals of GPS Consultants, she advises clients on project route selection and project siting regulatory compliance, land acquisition and outreach, encroachment remediation, asset protection of critical infrastructure information and eminent domain strategies in each state
  • For regulatory compliance, her focus is on Electronic Discovery for public and private sector energy and utility companies, FERC Order 1000 for the electric industry and PHMSA compliance for the natural gas industry, including gas storage
  • Has also been a licensed attorney for more than 20 years, providing counsel and business advice to energy companies and utilities in state and federal courts in multiple jurisdictions
  • Relevant experience for this presentation includes: advice and consultation for multiple natural gas companies, with 48 natural gas storage fields in 11 states; conversion of two commercially-depleted gas production fields into natural gas storage fields; due diligence and consultation for a client on the acquisition of natural gas storage fields from another company; land rights analysis and legal direction for a state-wide class action involving multiple storage fields; compliance with state-specific land acquisition requirements of a state regulatory body; land rights due diligence and project execution planning for clients for compliance with PHMSA’s natural gas storage regulations and Section 12 of the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016”
  • Can be contacted at [email protected]
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Why Lorman?

Over 31 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: 401593
Published 2018
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