Virginia State Bar

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Real Property

A Section of the Virginia State Bar.

Meeting Minutes - September 26, 1998

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

Charlottesville, Virginia

The meeting, which was held at the University of Virginia School of Law, was called to order by Chairman Michael K. Smeltzer at approximately 10:10 AM. The following members of the Board of Governors and Area Representatives were present: John David Epperly, Minerva W. Andrews, Larry McElwain, Christina Meier, John Toole, Douglass W. Dewing, Susan Hepner, Chip Land, Pia Trigiani, Courtland Traver, Michael E. Barney, Chuck Rothenberg, Steve Wood, Michael Smith, Dave Schultz, Robin D. Alsop, Lawrence Schonberger, David Helscher, Gordon Wilkins, Craig Erdmann, Gary Peterson, Rob Pearsall, Mike Pace, Lynda Butler, Richard Mendelson, David Stroh, Paula S. Caplinger, Richard Becker, Jane Marum Roush, and Mike Smeltzer.

At the suggestion of Mr. Smeltzer, the attendees introduced themselves to the group.

The minutes from the June 19, 1998, meeting of the Board of Governors in Virginia Beach were approved.

Ms. Trigiani asked whether there were any issues that should be addressed with the VBA legislative subcommittee. Mr. Erdmann asked whether there was any chance that the legislature would repeal the new law requiring the address for trustees named in a deed of trust to appear in the trust. Mr. Traver stated that such action was unlikely because of the recent case law involving trustees as necessary parties in certain actions. Ms. Alsop suggested a law requiring the recordation of assignments of deeds of trust. Mr. Traver said that the Mortgage Bankers Association would oppose such legislation. Mr. Epperly suggested the possibility of changes in the area of trusts and estates to address common title problems that arise and Mr. Epperly agreed to draft a memo to be presented to the group for discussion.

The section financial report was presented and discussed.

Mr. Smeltzer discussed the need to fill Mr. Land's seat on the Board. He is awaiting suggestions for the position.

There was a discussion of the need for new area representatives. Ms. Butler stated that there was a need for new members to add new blood to the Section. Mr. Pace suggested a recruitment effort. Names of potential area representatives were mentioned and discussed.

Mr. Land nominated Robert H. Pearsall, Jr. of Richmond as a new Area Representative for the Central Region. The nomination was seconded and approved by the Board.

The First Day of Practice Program in Richmond was discussed. It was stated that Mr. Waugaman (not present) had stated that he was willing to be in charge of the program again.

Mr. Smeltzer mentioned the Land Use Seminar scheduled for January 28 in Northern Virginia and January 29 in Richmond.

The Advanced Real Estate Practice Seminar, scheduled for the Tides Inn on March 19-20, 1999, was discussed. Mr. Barney said there would be a program on REITs. Other speakers and topics were discussed. It was stated that there were going to be talks with the Tides Inn about improving the services provided by the Tides Inn to the attendees.

The 17th Annual Real Estate Practice Seminar (Spring) was discussed. Ms. Hepner requested suggestions for topics.

Mr. Smeltzer reported that Susan Hopkins Finley (VBA Land Use or Local Government Section) asked if the Real Property Section would be interested in a joint seminar at the Virginia Beach meeting. Mr. Traver suggested that Ed Prichard may be willing to talk about vesting of land use rights. Ms. Butler suggested Susan Pendak, County Attorney for Prince William County, and Art Walsh as possible speakers.

The upcoming Winter Board meeting in Williamsburg was discussed. It will be a joint meeting with the VBA Real Estate Section. Whether to meet again at the Cascades was discussed.

Mr. Traver discussed plans for a Commercial Real Estate Handbook. Currently only residential transactions are addressed in the Handbook. Mr. Traver urged anyone interested to attend a planning meeting in Richmond on October 7, 1998.

Ms. Butler solicited articles for the upcoming issue of The Fee Simple. There followed a discussion of possible articles and authors. Ms. Butler raised the issue of establishing a policy of reprints of articles from The Fee Simple. Mr. Traver suggested that reprints should be allowed with attribution to the author of the article. Mr. Pace suggested that there should be attribution to The Fee Simple also. Questions concerning intellectual property rights were discussed. Mr. Traver and Ms. Hepner volunteered to research the question.

Several brief subcommittee reports were presented.

Mr. Becker reported on VBA business. He reported that the VBA website--www.VBA.org--was still "under construction."

Mr. Epperly asked whether anyone knew the status of UPL No. 183. No one knew anything of its status.

Mr. Smeltzer adjourned the meeting at approximately noon.

Respectfully submitted,

John David Epperly, Secretary