2015 Real Property Law Institute Registration Form Columbus Bar Association 2015 Real Property Law Institute Name Supreme Court # Firm Address Phone Email q Member q Non-Member February 5-6, 2015 q Non-Attorney CLE Materials: (please indicate your preference) q Electronic (must provide email address above) q Hard copy (include additional $60) Payment Information: Method of Payment: q Cash q Check (payable to CBA) q Visa q MasterCard q American Express q Discover Credit Card # Exp. Date Card Security Code Name on Card Authorized Signature Attending: q Full Institute (1502FIRP) q Thursday Only (150205RP) q Friday Only (150206RP) Sponsored by: Planning Committee: The Columbus Bar Association Real Property Committee Chair: Julie Darling, Carroll Darling Law Chair: Amy Straker Bartemes Catherine Baird, Fisher, Skrobot & Sheraw, LLC Amy Straker Bartemes, Bricker & Eckler LLP William D. Fergus, Jr., Peterson Ellis Fergus & Peer, LLP Gretchen D. Jeffries, Safelite AutoGlass Kenton L. Kuehnle, Allen Kuehnle Stovall & Neuman LLP Donald B. Leach, Jr., Dinsmore & Shohl, LLP Kristin E. Rosan, Madison & Rosan, LLP Brent D. Rosenthal, Carlile Patchen & Murphy LLP J. Scott Stevenson, Northwest Title James A. Zitesman, Attorney at Law CLE and Specialized Credit Hours: Pricing Information: 10.5 CLE Hours (including 1.5 hour Professional Conduct) $310 $335 $360 $385 $255 $280 $255 $270 $295 $310 $230 $245 $120 $135 $170 $185 $90 $105 Full Institute Prepaid Day of Thursday, Feb 5 only Prepaid Day of Friday, Feb 6 only Prepaid Day of 8 Online: www.cbalaw.org 7 ( Fax: 614/340.2081 Call: 614/221.4112 + Mail: Columbus Bar Association 175 S. Third St., Suite 1100 Columbus, OH 43215 Cancellation & Transfer Policy: The CBA reserves the right to modify or cancel a program if circumstances warrant. If the CBA cancels a program, full tuition for that program will be refunded. Cancellations by program participants received by 5:00pm the business day prior to the program will be refunded less a $25 service fee. No refunds or transfers are given for cancellations received on or after the day of the program. Upon request, course materials are available in consideration of tuition paid. Services for Persons with Disabilities: If a registrant requires special arrangements in order to participate in a CBA program, please contact the CBA at least one week prior to the course date. 175 S. Third St., Suite 1100 Columbus, OH 43215-5193 4 Easy Ways to Register: (Approval pending for 10.5 hours Real Estate, Appraisal and Title Insurance credits) Sponsor: (wit Non-Attorneys oudrusct) H E L C 5 . 0 1 h 1.5 Professional Con Non-Members February 5-6, 2015 CBA Members 2015 Real Property Law Institute Total Enclosed: $ www.cbalaw.org • (614) 221-4112 oudrusct) CLsEsioH 10h.5 l na Con 1.5 Profe (wit Thursday, February 5, 2015 8:30am - 9:15am • • • (7.0 CLE Hours) Hot Topics in Oil and Gas Litigation Overview of recent oil and gas litigation decisions (non-Dormant Minerals Act) Review of recent case law surrounding the Ohio Dormant Minerals Act Brief legislative update Speaker: Matthew W. Warnock, Bricker & Eckler LLP 9:15am - 9:45am • • • • • • • Partition Actions Equitable vs. Statutory partition Persons and estates entitled to partition Valuation of the estate Physical Partition vs. Land Sale Valuation of the co-tenants interests Election to take at appraised value Sale as upon execution Speaker: William D. Fergus, Jr., Peterson, Conners, Fergus & Peer LLP 9:45am - 10:15am • • • • LGBT Issues Update on Defense of Marriage considerations involving same sex couples or spouses Real estate ownership Estate planning considerations Marriage issues Speaker: Scot E. Dewhirst, Artz, Dewhirst & Wheeler, LLP 10:15am - 10:30am Break 10:30am - 11:30am Annexation • • • • • • Why annex to a municipality? Brief history of annexation law in Ohio Explanation of available annexation procedures in Ohio • Pros and cons of each procedure • Important considerations • Distinguishing characteristics and results of each annexation procedure Effect of annexations on school district boundaries Zoning rights upon annexation to a municipality Real-world examples of annexation issues Speaker: Aaron L. Underhill, Underhill Yaross LLC 11:30am - 12:00pm • • • • • • Community Authorities What a new community authority is under Ohio law Common reasons that new community authorities are created Development costs that new community authorities can finance Revenue sources for new community authorities Steps to create a new community authority Ongoing governance of a new community authority Speaker: Gregory R. Daniels, Squire Patton Boggs (US) LLP 12:00pm - 12:45pm Lunch (provided) 12:45pm - 1:45pm • • • • Case Study: Zoo – Land Acquisition & Planning Historical structure of property ownership Real estate acquisitions Financing Lease structure and current land use Speakers: John J. Kulewicz, Vorys, Sater, Seymour and Pease LLP James E. Kunk, Huntington Bank 1:45pm - 2:30pm • • • Environmental Regulation Changes That Could Affect Property Transactions Phase I ASTM 1527-13 changes in 2013 What’s not covered by ASTM regulations Standard changes within the VAP Speakers: Rick Fitch, AICP, and Julie Carpenter, CPG, Burgess & Niple, Inc. 2:30pm - 2:45pm Break 2:45pm - 3:45pm Historic Tax Credits (Incl. Grant Commons Project) • • • • • • • • • • Overview of federal and Ohio historic rehabilitation tax credit programs Impact of IRS Revenue Procedure 2014-12 issued on December 30, 2013, which provides safe-harbor following Historic Boardwalk decision Construction and bridge lender considerations when negotiating with tax credit investor, and issues and differences in collateral package and ability to exercise remedies during tax credit recapture period Process of obtaining Part I and Part II Approval from National Park Service for federal historic tax credit credits Process of obtaining Ohio state historic tax credits from Ohio Office of Historic Preservation Developer’s perspective on “qualified rehabilitation expenditures”, project budgets and deferred developer fees under the Internal Revenue Code Overview of Grand Commons Project and practical issues Structuring the tax credit investment – master tenant/master lease issues and operating agreements, and tax considerations Legal considerations for negotiating SNDAs, intercreditor agreements, loan documents and other project documents in historic tax credit projects Construction documentation and due diligence in historic tax credit projects Speakers: Robert T. Castor, Bricker & Eckler LLP Joe Williams, Wagonbrenner Development Jeffrey D. Roberts, Kegler Brown Hill + Ritter 3:45pm - 4:15pm • • • • • • ORC§4722 Discussion of which projects are and are not covered Effect of ORC§4722 on the Ohio Consumer Sales Practices Act Prohibited acts under ORC§4722 The Workmanlike Standard Impact on deposits Suggested checklist for home builder contracts Speakers: Bruce H. Burkholder, Isaac Wiles Burkholder & Teetor LLC Thomas L. Hart, Isaac Wiles Burkholder & Teetor LLC 4:15pm - 4:45pm Hot Topics Residential Disclosure • • • • Residential Property Disclosure Form ORC§5302.30 What is actionable fraud What to do with an unhappy buyer alleging non-disclosure Speaker: James A. Zitesman, Esq. ORC§1311.011 Applicable to Existing Homes • • • • • Mechanics lien coverage in the ALTA homeowner’s policy Standard exception to mechanics lien coverage Approval of mechanics lien coverage endorsement by the Ohio Title Insurance Rating Bureau and Ohio Dept. of Insurance 2014 controversy regarding the CBA/CR Residential Purchase Contract and local broker contracts based thereon Application of ORC§1311.011 to sale of existing residential real estate Speaker: William D. Fergus, Jr., Peterson, Conners, Fergus & Peer LLP Friday, February 6, 2015 8:30am - 10:00am • • • (3.5 CLE Hours, with 1.5 hours Professional Conduct) Disciplinary Counsel Notary issues that may cause discipline problems Issues relating to handling of fees Conflicts of interest in real estate matters Speaker: Scott Drexel, Supreme Court of Ohio, Office of Disciplinary Counsel 10:00am - 10:30am • • • • Expedited Tax Foreclosures Unoccupied Abandoned Land definitions and inspection Simultaneous service methods and authority Judgment entry and redemption period Direct transfer by sheriff’s deed to land bank or municipality Speaker: Glenn F. Alban, Alban & Alban, LLP 10:30am - 10:45am Break 10:45am - 12:15pm Creative Financing Port Authorities • • • Background on port financing Unique financing tools available through Ohio’s ports Case studies on port financings Speaker: Jean Carter Ryan, Columbus-Franklin County Housing Authority Credit Unions • • • • • Credit unions, commercial lending and merchant services Credit union history and nonprofit status Collateralization (EB 5 funds, real estate, machinery and equipment, A/R) Determining quality borrowers and what the legal profession may do to help solidify a loan for their client Current rates and predictions Speaker: Leslie Biskner, Cooperative Business Services, LLC EB-5 • • • • 8 Register online at www.cbalaw.org Introduction to the EB-5 immigrant investor program The impact the EB-5 program has had on the U.S. economy Sample public as well as private projects that have been funded using the EB-5 program Differences between EB-5 direct investments and EB-5 regional center investment Speaker: Brian Hicks, MidAmerican Global Ventures
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