“Easement and Condemnation Valuation, Negotiation and Litigation”

Introduction:

This year’s conference timely incorporates more detail in a single theme than past conferences due to an increase in easements and condemnations for mineral exploration, oil/gas wells, pipelines, utilities and highways. Select speakers will provide detailed procedures and life illustrations from multiple professional and personal experiences. The speaker’s diverse professions from landowner to business to attorney to appraiser to forester provide views from key vantage points which serve as integral parts in successful valuation, documentation, negotiation and litigation. There is also a special pre-conference two-day session with Dr. Robert Tufts on timberland estate planning, landowner liability and timber taxation. The evening socials, dinner and entertainment are arranged to maximum interaction and beneficial discussion.

 

Conference Focus:

“Easement and Condemnation Valuation, Negotiation and Litigation”

Topic Overview:

Many Landowners receive less than 30% of their property values when negotiating easements and condemnations due to inexperience in remainder impact valuation in partial takings, negotiation and litigation practices. The average easement and condemnation for knowledgeable landowners and professionals is over $10,000/acre while the average easement for the uninformed is less than $3,000/acre. Knowledge is value added. This conference provides detail discussion and examples for appraising, documenting, negotiating and litigating easements, right-of-ways, oil/gas wells, and condemnations for landowners and professionals alike.

Date:

Saturday, September 26, 2009 (special pre-conference tax sessions Thursday and Friday)

Location:

Donald W. Reynolds Conference Center at SAU in Magnolia, Arkansas.

Travel:

Commercial flight airports into nearby Texarkana (1 hour), Shreveport (1.5 hours) and Little Rock (2.5 hours). Municipal Magnolia airport is suitable for private jets and twin engines. Highway I-30 is 45 minutes north of Magnolia and I-20 is 45 minutes south of Magnolia.

Conference Presenters:

The speakers have worked on multiple cases separately and together and uniquely dovetail procedures and illustrations from professional and personal experiences, which collectively serve as integral parts in successful negotiation

• Scott H. James, Attorney of Law with Scanes, Routh & James LLP and Landowner: Litigating terms and values for easements and condemnations.
• David Simpson, President and Chief Executive Officer of Avinger Timber LLC: Personal and professional experiences with timberlands, easement terms and values; and selecting attorneys and appraisers.
• Robert Harris, Landowner and Retired Orthodontist: Personal experiences with timberlands and negotiating easements; the do’s and the don’ts.
• Teddy Reynolds, President of Reynolds Forestry & Real Estate PLLC and Certified General Appraiser: Appraising easements, condemnations and remainder impact values in partial takings.

Pre-conference Special Session Presenter:

• Dr. Robert Tufts, Attorney at Law and Associate Professor at Auburn University: Estate Planning, Liability and Taxation (Thursday and Friday preceding conference).

Registration:

• Register and pay by mail: complete registration and mail with check to Magnolia Landowner Conference, PO Box 1129, Magnolia, AR  71754.
• To Register and pay on-line visit www.reynoldsforestry.com
• Questions about the conference or registration contact Colleen Morphew at 870-234-0200 ext 4 or email colleen@reynoldsforestry.com.

Pre-Sessions, Conference Rates and Packages (includes continental breakfast, lunch, and refreshments each day; evening hors d'oeuvres and drinks on Thursday and Saturday):

Individual (without CE Credits):

• $100 - One Day

• $175 - Two Days

• $250 - Three Days

Individual (with CE Credit Certificate):

• $200 - One Day

• $350 - Two Days

• $500 - Three Days

Students (without CE Credits):

• $50 - One Day

• $100 - Two Days

• $150 - Three Days

Couples (without CE Credits):

• $175 - One Day

• $325 - Two Days

• $475 - Three Days

Note: CE = continued education credits for professionals; $50 scholarships available to five applicants upon special request (contact colleen@reynoldsforestry.com; 870-234-0200 ext 4).

Additional Activities:

• Thursday and Saturday evening hors d'oeuvres/dinner with open bar at Reynolds Farm (included in registration). Saturday evening includes informal discussion on lease rates, terms and contracts.

• Friday Dinner, social and blues with Dana Leigh and Lawrence Moore. - $25 per person (includes catered dinner, desert, music and open bar at Reynolds Farm; dine, listen to blues and converse while watching whitetail deer and buffalo). Includes informal discussion on current and future timber market.

Continued Education Credits (CE) for the following professionals:

• Foresters

• Attorneys

• Court Reporters

• Accountants

If you are interested in sponsorship, advertisement and booth contact:

Colleen Morphew

Email: colleen@reynoldsforestry.com

Phone: 870-234-0200 ext 4

PO Box 1129, Magnolia AR  71754

 

Pre-conference Estate Planning and Taxation Session topic coverage:

Estate Planning (Thursday; CE’s for attorneys, accountants, court reporters, foresters and loggers):

• Why should I have an estate plan and basic documents in an estate plan
• Should I use a will or a trust
• Overview of transfer taxes
• Gift, estate and generation-skipping transfer taxes
• Pending legislation and its likely effect
• Taxable gifts and what is in your taxable estate
• Optimizing the tax attributes of married couples
• Tax-free gifts and ILIT's (irrevocable life insurance trusts)
• QPRT's (qualified personal residence trusts) and GRAT's (grantor retained annuity trusts)
• CRAT's (charitable remainder annuity trusts) and private annuities
• Estate tax advantages of business entities
• Deferral of estate tax, alternate valuation and IRA's
• Example estate plan

Landowner Liability (Friday; CE’s for attorneys, accountants, court reporters, foresters and loggers):

• Negligence
• Duty owed to trespassers, licensees and invitees
• Hold harmless agreements
• Insurance
• Using business entities to minimize risk

Timber Taxation (Friday; CE’s for attorneys, accountants, court reporters, foresters and loggers):

• Purchasing land, buildings and timber with basis allocation and depreciation schedules
• Timber sale income and depletion allowance
• At-risk and passive activity loss rules
• Site preparation and planting
• Intermediate cultural treatments
• Roads
• Equipment purchases, depreciation schedules and sales or exchanges
• Casualty losses
• Selling land
• Tax-free exchanges under Sec. 1031
• Investor, sole proprietor or partnership/LLC

Conference Directors:

Scheduling and Promotion: Colleen Morphew, Principal Broker and GIS mapping, Reynolds Forestry & Real Estate.

Website and Technology: Bobby Weido, Vice-president Reynolds Forestry & Real Estate.

Theme and Presentations: Teddy Reynolds, President, Reynolds Forestry & Real Estate.