by Lawrence J. McElwain *
Commercial, condemnation, condominiums, construction, contracts, development, easements, finance, land use, landlord/tenant, litigation, mineral rights, owners associations, residential, title, zoning. This is some of what we do. This past year has been a humbling experience to stand as the public face of such a diverse group of singularly talented people. It has also been a challenge to find a chord that resonates with a significant portion of our members.
Among the notable events that have occurred during the past year is the implementation of the FEE SIMPLE writing competition. Publicity for the first annual event will invite submission for publication in the Spring 2006 edition. There will be three monetary prizes. In addition to the intrinsic value of the published research, the contest will serve as a tool to further acquaint young attorneys with the possibilities available in the various areas of real property law as they develop their practice. Credit for implementing this endeavor lies principally with Larry Schoenberger. I anticipate that the competition will establish itself as another hallmark of the Section.
The Membership Subcommittee has undertaken a study of the results of the survey that appeared in the Fall 2004 issue of the FEE SIMPLE. You may recall that the results of the survey were disturbing on many counts. Hopefully with guidance from the Subcommittee we can reverse some of the trends that were uncovered by the survey. I expect that addressing the recommendations of the Subcommittee will occupy a significant portion of the Board's future efforts.
For the first time in a few years, February's Advanced Real Estate Seminar was sold out. The survey results were very favorable of the presentation and facilities, to such a degree that planning for next year's Seminar will provide for a significant increase in the number of available seats. The recent success of the Seminar is traceable to the breadth of input from Section members. Thanks to the organizing committee and especially to Nancy Kern and Paige Redisel of Virginia CLE for their efforts in coordinating and sponsoring the Seminar.
The 23rd Annual Real Estate Seminar was presented in early May throughout the Commonwealth. While the reviews were not in at the time this piece was written, the work necessary for a quality presentation had been completed, and I expect favorable surveys for the Section's most popular program.
The summer seminar, to be held in conjunction with the Bar Association's June meeting in Virginia Beach, will be a joint presentation with the Environmental Section, and will feature a panel discussion of environmental site assessments.
Those of you who have been in attendance at the past few meetings of the Section
Board and Area Representatives have noticed that subsequent to each meeting
there has been an informal meeting with representatives of the Real Property
Section of the VBA. It is the intention of our Section's leadership to continue
this practice in an effort to foster communication between the two groups. The
VSB, as an agency of the state government principally focused on the continuing
education of its members, has significant restraints on what actions it may
undertake. The VBA, on the other hand, is free to act in many areas in which
the VSB is not, the prime example being actions undertaken to influence legislation.
While both groups are underrepresented, given the number of Section members,
the VBA is especially so. This translates to a minimal presence in the legislative
process, a puzzling fact given that we earn a living based on the end product.
We are all aware of various statutes that are either ill conceived or poorly
drafted. The VBA is our voice in this arena. You will find application forms
for the VSB in this publication and through the Virginia Bar Association web
page. Applications for the VBA can be obtained from its web page, thevba@vba.org.
You are urged to apply for membership and become an active participant in both
organizations.
Whether you are an Area Representative or not, you are encouraged to attend the Section Board meetings. The discussions and background information on matters raised at these meetings is invaluable. In an effort to stimulate attendance, the Section will plan some sort of social event around each Board meeting. (In this regard we encourage the accompaniment of spouses/significant others.) This organization will continue to respond to the needs of its members only by hearing from its members, often and loudly.
In closing I would like to thank the many people that have assisted me during the past year, but especially the other officers, Doug Dewing and Grice McMullan; my immediate predecessor, Paula Caplinger; all of the folks at the Virginia State Bar, but principally among them Bet Keller; and Felicia Burton at William and Mary Law School, for her tireless efforts in producing the FEE SIMPLE, and her patience in putting up with me.
* Lawrence J. McElwain is a partner at Parker, McElwain, and Jacobs PC in Charlottesville, Virginia. He is Chair of the Board of Governors and of the Programs Subcommittee.