Accredited by the State Bar of Texas for 6.5 MCLE hours, including 1.0 hour of legal ethics.
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8:00 | REGISTRATION and Continental Breakfast
|
|||||
| 8:45 |
Welcome and Opening Remarks
|
|||||
|
|
| 9:00 |
Planned and Future Projects in Harris County Harris County spent over $34 million last year buying property for roads, drainage projects, parks, and public buildings. Arthur L. Storey, Executive Director for the County Public Infrastructure Department, discusses how Harris County uses this property and describes works projects that are underway and planned for the future. |
|||||
| 9:30 |
Building Public Projects in Harris County Over 3.6 million people live within Harris County and its population continues to grow. William Reeves Gilmore, Assistant Director, Planning & Operations of the County Public Infrastructure Department, explains how Harris County works to provide a modern, efficient infrastructure that meets the demands of its residents. He demonstrates how a project develops from conception to concrete reality. |
|||||
| 10:00 |
Ethical Considerations For Government Attorneys Attorneys who represent governmental entities grapple with unique issues: How do Open Records laws impact attorney-client confidences? Does an attorney have authority to bind elected officials in the settlement of a case? When do conversations with a judge become improper ex parte communications? Rock Owens, Environmental Section Chief for the Harris County Attorney's Office, provides guidance. |
|||||
| 10:30 |
Morning Break
|
|||||
| 10:45 |
The Power of Condemnation Government has always had the power to take private property for public use. David Brooks, Assistant Harris County Attorney and the author of the Texas Practice Series, County and Special District Law, discusses the power of eminent domain, its origins, how it has evolved, and the current view of how this power should be used. |
|||||
| 11:15 |
Everything You Never Wanted to Know about Harris County Road Law But Probably Should Most condemnations filed by Harris County are for the acquisition of property for road and road drainage. James C. Jones, Senior Assistant Harris County Attorney, reviews the special law applicable to Harris County roads, their operation and control. |
|||||
| 11:45 |
Landowner’s Bill of Rights A law effective February 1, 2008 requires condemning authorities to provide landowners affected by potential condemnation with a written statement of their rights and options. Robert Soard, Chief, Real Property Division, Harris County Attorney's Office, examines how this legislation affects the acquisition of property by Harris County and discusses other aspects of good faith negotiations from the County's perspective. |
|||||
| 12:00 |
Lunch Break (Lunch provided)
|
|||||
|
|
| 1:00 |
Voir Dire in a Condemnation Proceeding As the public has become more aware of eminent domain, attorneys may encounter hostile jury panels. Charles S. Brack, Assistant Harris County Attorney, explains how voir dire can be used to deal with misconceptions the public may have about eminent domain. He discusses the law on jury selection and how it is applied in the county civil courts in Harris County. |
|||||
| 1:30 |
Daubert Challenges to the Condemnation Expert Do appraisers and other experts meet the standards established in Daubert v. Merrell Dow Pharmaceuticals and its progeny? George Nachtigall, Senior Assistant Harris County Attorney, provides guidance as to when experts should be allowed to testify and when they should not. |
|||||
| 2:00 |
Presenting Evidence in a Trial in the 21st Century The Harris County Civil Justice Center provides courtroom video systems with multi-touch panel interfaces, LCD flat panel monitors, and drop-down projection screens for presenting cases to the judge and jury. Jeremy Baker, Assistant Harris County Attorney, and Robert Snyder, president of CAPsync, Inc., demonstrate how this technology can be used to persuade the fact finder in a condemnation case. |
|||||
| 2:30 |
Environmental Factors in the Acquisition of Property As Harris County becomes more urbanized with fewer vacant tracts available for public works, the probability of having to deal with contaminated property grows. Snehal R. Patel, Senior Assistant Harris County Attorney with the Environmental Section, looks at how environmental regulations impact the condemnation process and provides tips for avoiding unintended and costly consequences. |
|||||
| 3:15 |
Afternoon Break
|
|||||
| 3:30 |
Inverse Condemnation Sometimes the government acquires property without following the process set out in the Texas Property Code. Douglas P. Ray, Assistant Harris County Attorney, explains the elements of an inverse condemnation claim and how this is similar to and different from those of a direct condemnation. |
|||||
| 4:00 |
Denial of Access The government's denial of a landowner's access to a public road can obligate the government to pay substantial damages. Melissa Barloco, Deputy Chief, Real Property Division, Harris County Attorney's Office, provides an overview of the law and procedures on dealing with these issues. |
|||||
| 4:30 |
What We Can Expect from the Legislature in 2009 Following the last session of the Texas Legislature, the governor vetoed legislation that would have made sweeping changes in condemnation law. Cathy Sisk, Director of Legislative Relations for Harris County, offers insight on the concerns expressed by elected representatives about eminent domain and possible legislation for the 2009 session. |
|||||
| 5:00 | Closing Remarks by Mike Stafford,Harris County Attorney and Adjourn to Reception |
|||||
Accredited by the State Bar of Texas for 6.50 MCLE hours, including 1.0 hour of legal ethics. |
||||||
.