Virginia State Bar

An agency of the Supreme Court of Virginia

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Real Property

A Section of the Virginia State Bar.

Meeting Minutes - January 19, 2001

Minutes of the Virginia State Bar
Real Property Section
Board of Governors

Williamsburg, Virginia

The Winter meeting of the Board of Governors of the Real Property Section of the Virginia State Bar was held on Friday, January 19, 2001, at 2:15 p.m., in Room 120 of the William & Mary School of Law, Williamsburg, Virginia.

The following persons were in attendance: Steve Romine, John David Epperly, Harry R. Purkey, Jr., Grice McMullan, Leslie Argenta, Jane Marum Roush, Randy C. Howard, David Helscher, Wayne Glass, Jim Plumhoff, Lee Hickok, Susan Hepner Siegfried, Chris Dillon, Rob Pearsall, Minerva Andrews, Eric V. Zimmerman, Jean D. Mumm, Douglass Dewing. Louis Rogers, Ronald Donn, Joe Cochran, R. Michael Smith, Kathleen H. Michener, Steven W. Blame, Lawrence A. Daughtrey, G. Michael Pace, Jr., Robert C. Barclay. IV, Karen French, James M. McCauley, Neil Kessler, Larry Newman, Paula S. Caplinger, Patrick R. Pettitt, Lynda Butler, Ray W. King, Christian H. Chiles, Chip Land, David Stroh, Ed Waugaman, Manus E. Holmes, Dan Goodwin, and Pia Trigiana. John David Epperly, Chair. chaired the meeting. Steve Romine, Secretary, kept the minutes.

Mr. Epperly called the meeting to order.

Mr. Epperly presented the minutes of the September 16, 2000, meeting of the Real Property Section and upon motion duly made, and seconded, the minutes were unanimously approved as written by those who attended the September 16, 2000 meeting. Please note the following amendments to the minutes: spelling of "Douglass Dewing" was revised; the appeal of the Fears case was denied" by the Supreme Court "not granted". Those not in attendance at the September 16, 2000 meeting abstained.

Mr. Epperly dispensed with the presentation of the financial report.

Mr. Randy Howard presented the membership report. Total membership is at 1,874, 1,840 of which are active. This Section membership is second largest, litigation ahead and criminal behind.

The next item of business was to appoint New Area Representatives. Jean Mumm, Karen French and Jim Plumhoff were elected Area Representatives for Tidewater-Virginia, Central-Virginia, and Western-Virginia respectively.

Jean Mumm was also appointed Chair of the Environmental Section upon Steve Romine's resignation. The Housing subcommittee continues without a Chair.

John Epperly then made some remarks regarding a memorial for Priscilla deB. Rome. He proposed that a $500.00 contribution to Hampden-Sydney be made and that a Resolution and article be included in the Fee Simple.

The next item of business was a discussion by Lynda Butler regarding articles for the Fee Simple. Deadline for articles is April 20, 2001. The members agreed that the following articles would be appropriate:

Case discussions regarding mergers
Wetlands article
Software products article
Effect of bankruptcy on negotiability of non-recourse note
Electronic land records
Cover sheet legislation
Community development authority

Various upcoming events, including CLEs, were discussed next. The Advanced Annual Real Estate Practice Seminar is proposed for May 1 - Falls Church; May 2 - Richmond; May 8 - Norfolk; and, May 9 - Roanoke. Lee Hickok carried the discussion and indicated the program is shaping up.

The next item of business was the discussion of the Advanced Real Estate Practice Seminar to be held March 23-24, 2001 at the Boars Head Inn, in Charlottesville, Virginia. Grice McMullan and Lee Hickok are organizing the program. The program will focus on securitization, 1031 exchanges and choice of entity law. The annual meeting program scheduled for June in Virginia Beach is being organized by Steve Blame of LeClair Ryan.

The next item discussed was new legislation affecting real estate attorneys. Mr. Epperly discussed:

1. Amendments to the recording statute.
2. Mortgage release statute changes.
3. Electronic filing, and
4. HB 1760 - Crespa amendment

Doug Dewing and Ron Donn gave a final report on the initiatives taken by the Wills, Trusts and Estates section with respect to eliminating distinctions between real and personal property in estate administration. They indicated the Maryland experience had been good (see the various handout attached to these minutes). Upon motion duly made, and seconded, the members present approved spending $1500, subject to Virginia State Bar approval, to prepare a research paper on the issues addressed by the proposed legislation. Lynda Butler will advertise for a student to undertake the project.

John Epperly then addressed the letter attached from Mr. Shapiro with respect to lawyers' certification. The ethics subcommittee was assigned the responsibility to respond to Mr. Shapiro's inquiry.

John Epperly then received subcommittee reports from the following subcommittees:

A. Bankruptcy: No report
B. Current Developments and Legislation: A new chairman needs to be appointed
C. Environmental: Steve Romine gave a brief report on the new Wetlands law. . Jean Mumm will be the new chair of this subcommittee.
D. Ethics: No report.
E. First Day in Practice: Ed Waugaman gave a report and indicating and we have received 75 new members.
F. Housing: No chair currently in place. Rick Chess resigned.
G. Information and Technology: Doug Dewing indicate that the website is running and he is working on new links to other sites.
H. Land Use: Steve Blame made a report with respect to the status of a chapter to the Real Estate Handbook.
I. Membership: No report.
J. Newsletter: No report.
K. Small Firm and Sole Practitioner: No report.
L. Title Insurance: No report.
M. VBA Forms: No report.

There being no old business or new business the meeting adjourned by motion duly made, and seconded, at 4:12 PM.

Steve Romine, Secretary