Get Results For Your Road and Access Law Clients
Conflict is inevitable when it comes to road and access law and who is entitled to what. Yet when clients call you in to determine who has rights in an easement, private road or right-of-way dispute, traditional negotiating tactics can fall short. As a result, agreements blow up, cases don't settle and - too often - you end up in court. Attend this seminar and walk away with a proven and positive approach for addressing and resolving disputes as they arise in the volatile environment of road and access law.
- Find out what influences the scope of the road right of way - and how it may affect your clients.
- Be prepared to handle easement issues by knowing how private roads are created.
- Protect clients' rights - understand the procedure for gaining access to roads.
- Solve road access issues that arise during real estate transactions.
- Identify what red flags to look for during a title search.
- Learn how to read between the lines of a land survey to find crucial support for your side of the dispute.
- INS AND OUTS OF PRIVATE ROADS AND EASEMENTS
9:00 - 9:30, Paul A. Turcke
- In Depth Look at the Types of Easements
- Prevent Surprises When Dealing With the Scope of the Easement
- Creating and Maintaining Easements
- How Private Roads are Created
- Private Condemnation - Know What the Issues Are
- How to Resolve Subdivision Road and Access Disputes
- Gray Areas Related to Maintenance and Repair
- TERMINATION OF PRIVATE EASEMENTS
9:30 - 9:45, Paul A. Turcke
- The Test of a Common Law Abandonment
- What Must be in Place for Adverse Possession and Use to Occur
- ROAD AND ACCESS PITFALLS WHEN HANDLING REAL ESTATE TRANSACTIONS
9:45 - 10:00, Paul A. Turcke
- Frequently Asked Transaction Questions - Answered
- What Title Insurance can Reveal
- How to Determine Legal Access to Property by Deed
- The Best Defense Against Contractual Property Protection
- Solving Road Access Issues That Arise During Real Estate Transactions
- PUBLIC ROAD CREATION - STATE LAW
10:00 - 10:45, Christopher H. Meyer
- Overview of the Type of Road Creation
- Blanket Legislative Declarations
- Formal Action
- Public Use and Maintenance
- Common Law Dedication
- ROAD ABANDONMENT – STATE LAW
11:00 - 11:45, Paul A. Turcke
- Formal Action
- Passive Abandonment (Non-Use)
- What Roads are Immune From Abandonment?
- R.S. 2477 ROAD CREATION
11:45 - 12:30, Christopher H. Meyer
- History and Evolution of R.S. 2477
- What Difference Does it Make if a Road is an R.S. 2477 Road?
- Which Law Controls: State or Federal?
- Acknowledgment of R.S. 2477 Roads
- Federal Law, Regulation, and Guidance Governing R.S. 2477 Roads
- JUDICIAL AND ADMINISTRATIVE MECHANISMS FOR RESOLVING ROAD DISPUTES
1:30 - 2:15, Christopher H. Meyer and Paul A. Turcke
- Idaho Road Abandonment/Vacation and Validation Statutes (40-203 and 203A)
- Judicial Review of County and Highway District Actions (40-208)
- State Quiet Title Actions
- Federal Quiet Title Actions
- Ex Parte Communications
- Attorneys' Fees
- Regulatory Takings Analysis
- PUBLIC LAND ACCESS ISSUES
2:15 - 2:45, Christopher H. Meyer and Paul A. Turcke
- Travel Management Plans Issued by the Forest Service
- Recent Litigation Developments
- Land Trusts and Public/Private Reconfiguration of Land Ownership
- THE PROPER ROLE AND RESPONSIBILITIES OF COUNTIES AND HIGHWAY DISTRICTS
3:00 - 3:30, Christopher H. Meyer
- Different Approaches to Managing the Validation/Abandonment Process
- How to Develop the Facts and Maintain Neutrality
- What is the Proper Role of Counsel?
- Preparing Defensible Findings and Conclusions
- The Road Inventory Statute (40-202(6))
- The Public Access Statute (40-2319)
- The Misdemeanor Statute (40-207)
- INVESTIGATING THE CASE: HISTORICAL RESEARCH IN PREPARATION FOR HEARING AND LITIGATION
3:30 - 4:30, Dr. Jennifer Stevens
- Navigating the Sometimes Secret World of Public Records
- The Art and Science of Reconstructing Events From a Century Ago
- How to Read Between the Lines of a Survey
- Title Search - What to Look For