This training breaks down legal requirements, agreements and documents that are the bones (and ultimately the muscle) for every long term, successful Right of Way (ROW) pipeline project. Our instructors guide participants through the laws and regulations and provide insight to all key legal components that govern how rights-of-way are acquired and implemented.
Students are encouraged to bring current issues to the class for group discussion and learning.
8:00 - 8:30 a.m. Registration and Continental Breakfast
8:30 - 9:15 a.m. The Trends and Challenges of Regulatory and Business Conditions That Make ROW an Important Legal Issue in Today's Infrastructure Build-OutÂ
Increased pipeline development has triggered changes in the ROW industry. Â Right-of-way professionals must be prepared to deal with changing expansion, changing landowner expectations, fluctuating business conditions, and regulatory uncertainty. Â This discussion highlights current trends, challenges, and goals for the ROW industry as it prepares for the ups and downs of upcoming pipeline agreements.
Liz Babcock, Vice President, Projects,Contract Land Staff
9:15 - 10:15 a.m. Going the Distance: Building Easement Agreements for Long-Term Success
An easement, and sometimes, a crossing agreement, establishes a long-term relationship between the landowner and the easement holder. Â Disputes can seem inevitable given multiple party involvement. But there are ways that these agreements can go smoothly.Â
This presentation provides a summary of some recent cases from across the country regarding the scope and nature of easements. Â This discussion will allow practitioners to consider what issues to address in their easements and crossing agreements at the time of preparation. Â If the parties better understand some of the risks early in the process, it may help reduce the potential of future disputes. Â It will also include discussion of provisions in easement and crossing agreements to address these issues. Â
Evan L. Randall, LEED AP BD+C, Partner, Holland & Hart LLP
10:15 - 10:45 a.m. Morning Break
10:45 - 11:30 a.m. Negotiations Before and During the Condemnation Process
Pipeline right-of-way projects typically involve the real property interests of many different parties, and pipeline companies seek to acquire necessary rights of way in a quick and efficient manner. Â
This session will address negotiations (both before and during the condemnation process) between pipeline companies and landowners, lenders, governmental agencies, and others with interests in the property, such as utilities, railroads, and other pipelines, that are involved in the easement and crossing agreement acquisition process. Â
We also explore the specifics of how to develop and maintain positive landowner relationships while negotiating and the provisions in easements to address landowner concerns.
Evan L. Randall, LEED AP BD+C, Partner, Holland & Hart LLP
11:30 a.m. - 12:15 p.m. Eminent Domain Law - The Changing Landscape in Colorado, the Western Region, As Well As Critical Decisions Happening Across the USÂ
This discussion will entail a survey of recent case and statutory law in Colorado and other states that has changed or will soon change the scope of eminent domain law, specifically focusing on how these changes in the law affect the practical aspects of acquiring right of way. Â Â
Todd Miller, Partner, Holland & Hart LLPÂ
12:15 - 1:15 p.m. Group Luncheon
1:15 - 2:15 p.m. Ingress and Egress Rights - They Aren't Always Obvious and Can Be Complicated
Definition of 'Right Of Egress' - The legal right to exit or leave a property. Right of egress is usually used in conjunction with the right of ingress, which means the legal right to enter a property. Whether you're dealing with a landlocked parcel that isn't adjacent to a road or with a parcel that has limited rights to access adjacent roads, ingress and egress rights aren't always apparent and can be a challenge. Â Â
J E Parker, Jr., Executive Vice President & General Counsel, H.C. Peck & Associates, Inc.
2:15 - 2:45 p.m. Surveys: Â Legal Documents and Agreements
This presentation will focus on the survey process for pipeline projects. Â It will discuss what may be needed for pipelines from both the survey and legal perspectives. This session will also provide recommendations to address common survey problems. Â
Douglas W. Chinn, Senior Project Manager, Surveying and Mapping, LLC
2:45 - 3:15 p.m. Afternoon Break
3:15 - 3:45 p.m. The Legal Framework for Appraisals
Important legal considerations affect the preparation of real estate appraisals and the need for such appraisals in the condemnation process. This discussion will provide an overview of issues such as zoning, parking ratios, rental unit density and other legal issues that are important determinants of value for property involved in right of way acquisitions as well as the legal requirements appraisals must meet in condemnation matters. Â
David Clayton, President, Clayton and Company, Inc. ASA, MRICS, JD
3:45 - 5:00 p.m. Panel Discussion: Hot Topics
In our last session of the day, our panel of instructors discuss the major issues in the industry. Â It is also an opportunity for group discourse on important legal dynamics in the Rockies and across the country.
Liz Babcock, Vice President, Projects, Contract Land Staff   Â
David Clayton, President, Clayton and Company, Inc. ASA, MRICS, JDÂ Â Â
Douglas W. Chinn, Senior Project Manager, Surveying and Mapping, LLCÂ Â Â
J E Parker, Jr., Executive Vice President & General Counsel, H.C. Peck & Associates, Inc.  Â
Todd Miller, Partner, Holland & Hart LLPÂ Â Â Â
Moderated By: Evan L. Randall, LEED AP BD+C, Partner, Holland & Hart LLP
5:00 p.m. Final Questions and Training Adjourns
This live group seminar is eligible for 6.5 CPE credits. Be aware that state boards of accountancy have final authority on the acceptance of individual courses for CPE credit. As of January 1, 2002, sponsored learning activities are measured by program length, with one 50-minute period equal to one CPE credit. One-half CPE credit increments (equal to 25 minutes) are permitted after the first credit has been earned in a given learning activity. You may want to verify that the state board from which your participants will be receiving credit accept one-half credits.
Oil and Gas Executives and Manager; Pipeline Project Manager; Right of Way Agents; Landmen; Attorneys; In House Counsel; Paralegals; Regulators, Lawmakers and Their Staff; Engineers; Risk-Management Consultants; Energy Consultants; Support Staff for Any of the Above
This fundamental level group live seminar has no prerequisites. No advance preparation is required before the seminar.
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