Law Seminars International Presents

An Advanced One-Day Workshop on

Easements and CCRs

Current Uses and Considerations in Oregon

February 9, 2007
5th Avenue Suites Hotel in Portland, OR
Register      Download PDF Brochure

Who Should Attend

Attorneys, lenders, owners, managers, brokers, real estate developers and others who are involved in real estate transactions

Why Attend

Expanding popularity in the use of easements, and special considerations involved with designing those easements, make this seminar particularly useful. This program will provide sophisticated, insightful and practical information on drafting instruments related to easements. Complexities arising with even basic terminology are discussed in detail, allowing less experienced practitioners to come up to speed quickly. The program is highlighted by the examination of recent real world case studies. Our distinguished faculty will thoroughly discuss the new City Hall project in Happy Valley, the new conservation easements incentives legislation, effective September 1, 2006, and more complex nuances of easements through consideration of the State Common Law Shift in Use Doctrine as it applies to Rails-to-Trails conversion. The day concludes as a panel of practicing experts from law, development and finance discuss hazards of mixed use redevelopment projects and the best approaches for resolving them. This program is a sine qua non for anyone working in the modern real estate arena. ~ Program Co-Chairs: Dina E. Alexander, Esq. and Michael C. Robinson, Esq.

What You Will Learn

~ A case study in public/private partnerships ~ Drafting language, clarifying terminology and resolving issues of intent ~ Water easements ~ New issues in operating agreements and reciprocal easements for mixed use facilities ~ Title issues and abandonment ~ State Common Law Shift in Use Doctrine ~ Conservation easements and the new incentives legistation ~ Resolving issues in a complex mixed-use redevelopment project

What Attendees Have Said About Similar Programs

~ Great panel, great topics, great seminar. Thank you for your commitment to providing us with world class education opportunities. ~ Lively discussion. Very interesting. ~ "[LSI] provide(s) in-depth, focused seminars on fairly narrow topics, rather than an overview. This is important for someone actually hoping to learn something at a conference (as opposed to just racking up some CLE hours)." --Marti Anamosa ~ Excellent materials. Clear, concise, easy to follow, easy to reference.

Agenda

Friday, February 09, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction & Overview
  Dina E. Alexander, Esq., Program Co-Chair
Ball Janik LLP / Portland, OR
  Michael C. Robinson, Esq., Program Co-Chair
Perkins Coie LLP / Portland, OR
8:45 am Issues Arising from Uncertainty over Basic Terminology (e.g. Calling the Document an Easement vs. a License)
  The difference between easements, leases, licenses and covenants; Which concept best fits the circumstances? Is it necessary to explicitly define terms such as ingress and egress?
  J. David Zehntbauer, Esq.
Dunn Carney Allen Higgins & Tongue LLP / Portland, OR
9:15 am Litigation of Disputes Over Easements and CCRs
  The biggest problem areas; where should we put our attention; resolving issues of intent with poorly drafted documents
  Phillip E. Joseph, Esq.
Ball Janik LLP / Portland, OR
  Robert W. Wilkinson, Esq.
Ball Janik LLP / Portland, OR
10:15 am Break
10:30 am Public/Private Partnerships
  Case study of issues and lessons from the new City Hall project in Happy Valley
  Eugene L. Grant, Esq.
Davis Wright Tremaine LLP / Portland, OR
11:15 am Reciprocal Easements and Operating Agreements for Mixed Use Developments: Current Challenges
  Managing uses and parking requirements for different constituencies; dealing with access problems; allocating costs among different users; Get your sign out of my bedroom window! Can trucks really be quiet?
  Bryan E. Powell, Esq.
Lane Powell PC / Portland, OR
12:00 pm Lunch (on your own)
1:15 pm Title Issues in Covenants, Conditions, Restrictions and Easements
  Abandonment (created, but never developed or, used, does it go away?); easements by prescription that donít match the dedicated easement
  Gregory L. Nelson, Esq., Regional Counsel
Chicago Title Insurance Co. / Portland, OR
1:45 pm Water Easements
  Drainage waters, surface diversions and wells: due diligence
  Douglas W. MacDougal, Esq.
Schwabe, Williamson & Wyatt / Portland, OR
2:30 pm Special Issues in Change of Use: Rails to Trails
  State Common Law Shift in Use Doctrine; federal "railbanking"/interim trail use statute; federally granted railroad rights of way
  Charles H. Montange, Esq.
Attorney at Law / Shoreline, WA
3:15 pm Break
3:30 pm Conservation Easements
  New incentives legislation; transfer of development rights; dedications
  Jayne Cronlund, Esq., Executive Director
Three Rivers Land Conservancy / Lake Oswego, OR
  Nancy B. Murray, Esq., Supervising Attorney
Community Development Law Center / Portland, OR
4:30 pm Wrap-up Panel Discussion: Potential Issues in a Complex Mixed Use Redevelopment Project and the Best Approaches for Resolving Them
  Overview of the project and parties
  Dina E. Alexander, Esq., Program Co-Chair, Moderator
Ball Janik LLP / Portland, OR
  Developer's perspective
  Kirsten J. Day, Esq., V.P. and General Counsel
Pacific Realty Associates, L.P. (PacTrust) / Portland, OR
  Adjacent property owner's perspective
  Gregory H. Baum, Esq., VP and General Counsel
Harsch Investment Properties / Portland, OR
  Lender's perspective
  David W. Green, Esq.
Stoel Rives LLP / Portland, OR
5:30 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, February 2, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 7.5 OR CLE credits and 8 OR Appraiser credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop will be held at the 5th Avenue Suites Hotel at 506 SW Washington in Portland, OR, 97204. For reservations, call the hotel directly at (503) 222-0001; rooms are available on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Dina E. Alexander, Program Co-Chair, partner, Ball Janik LLP, specializes in entity structuring, project finance, acquisitions and dispositions and commercial leasing, and represents developers and land owners of a $2 billion, multi-phase, public/private project in the North Macadam area of Portland.

Michael C. Robinson, Program Co-Chair, partner, Perkins Coie LLP, concentrates in land use entitlements including EFSC permits, highway access law and real estate development. He is recognized in Best Lawyers in America and Chambers USA.

Gregory H. Baum, Vice President and General Counsel, Harsch Investment Properties, manages the legal affairs of a portfolio of 17 million square feet of office, multi-tenant industrial and retail commercial properties, and over 1,500 multi-family housing units. He is Oregon Chapter President of the Association of Corporate Counsel.

Jayne Cronlund, Executive Director, Three Rivers Land Conservancy, specializes in the negotiation, monitoring and enforcement of conservation easements and focuses on the conservation of natural areas close to the metropolitan Portland area.

Kirsten J. Day is Vice President and General Counsel of Pacific Realty Associates, L.P. (PacTrust), one of the Pacific Northwest's largest real estate developers and investment property owners, concentrating on industrial, office and retail properties.

Eugene L. Grant, Mayor, City of Happy Valley and partner, Davis Wright Tremaine LLP. His real estate and land use experience includes all aspects of transactional work and representation of clients ranging from individual home owners to large institutional real estate portfolios proprietors.
Full bio and contact info for Eugene L. Grant at Davis Wright Tremaine LLP

David W. Green, partner, Stoel Rives, has been recognized in The Best Lawyers in America and Chambers USA. His expertise in real estate financial transactions for major lenders includes negotiating and structuring sale-leaseback transactions and structured finance transactions.

Phillip E. Joseph, partner, Ball Janik LLP, specializes in commercial and real estate litigation and construction law, including real estate disputes, purchase/sale transactions, commercial leases, collections, and construction defect prosecution and defense.

Douglas W. MacDougal, partner, Schwabe, Williamson & Wyatt, specializes in water rights law, including ESA Section 7 Consultations and the ongoing Klamath Adjudication, and representation of ports, irrigation water users, ranches and municipalities, federal and tribal entities.
Full bio and contact info for Douglas W. MacDougal at Schwabe, Williamson & Wyatt

Charles H. Montange, sole practitioner, specializes in transportation law, representation before the Surface Transportation Board, railroad right of way acquisition, federal appeals, and antitrust cases regarding restrictive preservation easements. He was co-founder and first general counsel of the Rails to Trails Conservancy in Washington, D.C. and has been involved in the acquisition and preservation of over 2000 miles of railroad corridor for railbanking, light rail, and trail purposes nation-wide.

Nancy B. Murray, Supervising Attorney, Community Development Law Center, represents non-profits in the development of affordable housing and land conservation. She was Assistant General Counsel for the Port of Portland and chair of the Real Estate and Land Use Sections of the Oregon State Bar Executive Committee and co-chair of the Real Estate Legislative Committee.

Gregory L. Nelson, Regional Counsel, Chicago Title Insurance Co., is responsible for underwriting in AK, OR, ID, MT, WA and WY and his expertise includes escrow, title and operations management. He is on the executive committee of the Real Estate and Land Use Committee of the Oregon State Bar.

Bryan E. Powell co-chairs the Real Estate and Land Use Group at Lane Powell PC and specializes in mixed-use development, multifamily housing, public/private redevelopment projects and creative financing for difficult-to-fund projects.

Robert W. Wilkinson of Ball Janik LLP, concentrates in commercial and construction litigation. He was a judicial clerk to Federal Magistrate Judge Janice M. Stewart of the District of Oregon.

J. David Zehntbauer, partner, Dunn Carney Allen Higgins & Tongue LLP, leads the hospitality industry team in the firm's Real Estate Practice Group. He concentrates in commercial property acquisitions, dispositions, leasing and lease enforcement.

Firm Links

Schwabe, Williamson & Wyatt