This course breaks down legal requirements, agreements and documents that are the bones (and ultimately the muscle) for every long term, successful Right of Way (ROW) 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.
Tuesday, September 23, 2014
Course Agenda
8:00 - 8:30 a.m. Registration and Continental Breakfast
8:30 - 9:30 a.m. Creating Right of Way and Crossing Agreements That Work
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.
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
9:30 - 10:45 a.m. Discussing the Regulations and Business Conditions That Make ROW an Important Legal Issue in Today's Infrastructure Build-Out
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 increased pipeline development. Â
Brent Leftwich, President and CEO, Contract Land Staff
10:45 - 11:00 a.m. Morning Break
11:00 a.m. - 12:15 p.m. Negotiations from a Legal and Landman PerspectiveÂ
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
This presentation will also explore the specifics of how to develop and maintain positive landowner relationships while negotiating. Â This includes:
•          pursuing site leasing
•          site purchase
•          easements
•          rights-of-way and/or workspace
It comes from the perspectives of project management, design engineering, environmental, appraising, permitting, survey, right-of-way, inspections, construction, operations, and others. Whether there are legal, environmental, aesthetic, social, or cultural issues, relationships set the tone of the project and can make the experience pleasant for the landowners, developers, engineers, and all other consultants.Â
Dr. Mazie Leftwich, Psy.D., Senior Vice President, Contract Land Staff
Evan L. Randall, LEED AP BD+C, Partner, Holland & Hart LLP
12:15 - 1:15 p.m. Group Lunch
1:15 - 2:00 p.m. Eminent Domain Law - The Changing Landscape in Texas As Well As Critical Decisions Happening Across the USÂ
Alaina King Benford, Partner, Norton Rose Fulbright LLP
2:00 - 2:30 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
Evan L. Randall, LEED AP BD+C, Partner, Holland & Hart LLP
2:30 - 3:00 p.m. Afternoon Break
3:00 - 3:45 p.m. The Legal Framework for Appraisals
Appraisals are a part of every ROW agreement. Â In this section, we discuss the appraisal process from a legal view and talk about potential pitfalls in the appraisal process. Â We also look at the important legal documents and requirements to be aware of.
Alaina King Benford, Partner, Norton Rose Fulbright LLP
3:45 - 4:30 p.m. Ingress and Egress Rights
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 obvious and can be complicated. Â
Michael Cummings, Vice President, Contract Land Staff
4:30 - 5:00 p.m. Hot TopicsÂ
•          Developing and Maintaining a Social License to Operate
•          Recurring Issues with Operating Agreements
•          Technology's Role In Agreements and Record Keeping
•          High Consequence/Urban Area Issues: New Build Out - New Set of Issues
5:00 p.m. Course Adjourns!
O&G Executives and Managers; Pipeline Project Managers; Landmen; Attorneys; In House Counsel; Paralegals; Regulators, Lawmakers and Their Staff; Engineers; Risk-Management Consultants; Energy Consultants; Support Staff for Any of the Above.
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