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Utilizing Public and Private Rights of Way - Gaining Legal Access - Webinar

  • ID: 4464268
  • Webinar
  • March 2018
  • Region: Global
  • 90 Minutes
  • Lorman Business Center, Inc.
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Gain an understanding of the nuances of land rights access issues for rightsofway 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.
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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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Beth R. Minear, Esq. - GPS Consultants, LLC
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This webinar is designed for attorneys, engineers, city administrators, county and municipal officers, presidents, vice presidents, public works and utility directors, developers, planners and surveyors.
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