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:
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Non-Attorneys
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Non-Members
February 5-6, 2015
CBA Members
2015 Real Property
Law Institute
Total Enclosed: $
www.cbalaw.org • (614) 221-4112
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Thursday, February 5, 2015
8:30am - 9:15am
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(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
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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
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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
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Why annex to a municipality?
Brief history of annexation law in Ohio
Explanation of available annexation procedures in Ohio
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Pros and cons of each procedure
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Important considerations
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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
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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
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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
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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)
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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
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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
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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
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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
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(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
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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
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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
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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
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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