Right of Way and Crossing Agreements: A Legal Guide

May 23, 2017 :: Houston, TX

This program has been approved for 6.25 CLEs in the State of Texas

This program has been approved for 7.5 CLEs in the State of Missouri

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) 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.
Attendees are encouraged to bring current issues to the class for group discussion and learning.
Course Objectives:
•Discuss nuances in negotiations (both before and during the condemnation process)
•Identify and understand the legal framework, documents and requirements that create the basis for solid and successful ROW agreements
•Recognize the tools in the eminent domain toolbox
•Discuss the complications of ingress and egress rights
•Focus on important updates in the law and legal challenges facing the industry
This Course Is Useful For:
•O&G Executives and Managers
•Pipeline Project Managers
•In House Counsel
•Regulators, Lawmakers and Their Staff
•Risk-Management Consultants
•Energy Consultants
•Support Staff for Any of the Above
Course Agenda
Tuesday, May 23, 2017
8:00 – 8:30 a.m. Registration and Continental Breakfast
8:30 – 9:30 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. 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. 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.
9:30 – 10:30 a.m. Understanding the Tools in Your Toolbox: Nuances of Eminent Domain Laws
Whether a company is a public entity or a private entity doing public work, in executing on projects related to the nation's infrastructure, as some point the likelihood of eminent domain use will arise. Although not every project ends in the courts, company strategies surrounding projects' in-service are well served by putting together the eminent domain infrastructure in place while putting together the plans for project infrastructure. Recognizing the tools in the eminent domain toolbox early, how they are used, successes and pitfalls in using each and timelines for use are critical to project planning. This presentation walks through the most frequently used path to eminent domain success while addressing a few lessons learned from straying from that path.
10:30 – 11:00 a.m. Morning Break
11:00 a.m. – 12:15 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.
12:15 – 1:15 p.m. Group Lunch
1:15 – 2:15 p.m. Surveys and Appraisals: Legal Considerations
Important legal considerations affect the preparation of real estate surveys and appraisals. This session provides an overview of issues such as:
•Parking rations
•Rental unit density
•Other important determinants of value of property
•Legal requirements appraisals must meet in condemnation
In this session, we also focus on the survey process for pipeline projects. We 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.
2:15 – 3:00 p.m. 
Stakeholder Outreach: Myths, Facts & Best Practices
Due to the increase in activity in the energy industry, it has become progressively more important for all professionals to be highly sensitive to landowners and any and all stakeholders’ needs, concerns and issues. Whether they are legal, environmental, aesthetic, social or cultural issues, the relationships we establish will set the tone of the project and can make the experience pleasant for the landowners, developers, engineers and all other consultants. These common sense approaches and processes are based on the psychology of healthy human relationships, and will have major impact as to whether or not a project will be a success.
3:00 -3:30 p.m. Afternoon Break
3:30 – 4:45 p.m. Operator Panel: A Moderated Discussion
4:45 – 5:00 p.m. Wrap Up and Training Adjourns


The course will take place at Houston Marriott South at Hobby Airport, 9100 Gulf Freeway Houston Texas 77017. There is a free shuttle service from Hobby Airport. No room block has been reserved. Map and directions here.

Register Now

To register multiple people or if you have any questions or need any additional information, please contact us at 720-491-1173 or denise@becomekinetic.com

Register Now

***You can use the Kinetic Buddy Pass for this class! Register 2 people to receive $300 off your total registration. Both registrants must sign up at the same time for this discount. 

The Buddy Pass cannot be combined with any other discount. Use promo code 2Buddies when registering. 

If you have a larger group, please contact Denise Raymond for group pricing at 720-491-1173 or denise@becomekinetic.com

Our Instructors

Alaina King Benford, Partner, Norton Rose Fulbright LLP

David Bowers, Manager, Right of Way, Kinder Morgan

Michael Cummings, Vice President of Projects, Contract Land Staff 

Brent Leftwich, President and CEO, Contract Land Staff

Dr. Mazie Leftwich, Chief Administrative Officer, Contract Land Staff

Frank Van Horn, Vice President, Right-of-Way and Regulatory Compliance, Howard Midstream Energy Partners

Allison Wurtz, SR/WA, Manager, ROW Records, Kinder Morgan

Read Full Instructor Bios Here