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 - September 8, 2006

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

Charlottesville, Virginia

The Fall Meeting of the Board of Governors of the Real Property Section of the Virginia State Bar, with Area Representatives in attendance and participating at the meeting, was held at the Virginia CLE Office in Charlottesville, Virginia, on Friday, September 8, 2006, commencing at 10:00 a.m.

The following persons (based on execution of the roll sheet or otherwise known to be present) were in attendance: Douglass Dewing, Grice McMullen, Jean Mumm, Bill Nusbaum, Paula Caplinger, Christina Meier, Philip Hart, Courtland Traver, John David Epperly, Page Williams, Susan Pesner, Eric Zimmerman, Joe Cochran, Paul Melnick, Barbara Goshorn and Nancy Kern.

Grice McMullen called the meeting to order at 10:00 a.m, made welcoming remarks and had all attendees introduce themselves.

The minutes of the summer meeting held at the Holiday Inn Sunspree in Virginia Beach on June 16, 2006 were unanimously approved.

A discussion of the Section’s finances then took place.

Philip Hart, Philip Trapani and John Faber were then elected as new Area Representatives.

The Legal Writing Contest for 2006/2007 was then discussed. It was noted that we only received one (1) response from all of the laws schools. Should the contest be continued? After much discussion, a motion was made to continue the contest. The motion was passed.

Nancy Kern provided an update on Seminars.

The Advanced seminar will be held at Kings Mill on February 23-24, with dinner at a winery. Nancy is looking for a sponsor to pay for the winery room rental.

The Annual Seminar will be in the beginning of May, but no specific date has been set. Nancy is waiting for Pia to provide her with available dates since Pia lectures at all four (4) locations. There will be a topic planning meeting prior to the January Board meeting.

There will be a special seminar in the Danville Area and possibly in Loudon County in the spring dealing with conservation easements. It was suggested that a teaser advertisement about this seminar be included in the autumn addition of the Fee Simple.

Chuck Lollar has agreed to speak at an eminent domain seminar. It will be September 22, 2006 in Charlottesville

There will be a Basic Foreclosures seminar in November, 2006, with a video replay in January, 2007.

For the Annual Meeting Seminar– we are looking for another section to do a joint seminar. The tax section was suggested. Let Grice know if anyone has contacts. The seminar topic needs to be finalized as soon as possible.

Future Meeting Dates are:

Winter meeting in Williamsburg on January 19, 2007. After the meeting there will be a cocktail party at Court Traver’s house. It was suggested that there be a luncheon meeting right before the beginning of the Winter meeting to finalize topics and speakers for the Annual Meeting seminar.

Spring meeting on February 23, 2007 beginning at 10:30 (before the Advanced Real Estate Seminar).

Summer meeting is June 15, 2007 at the Holiday Inn SunSpree in Virginia Beach in conjunction with the Bar’s Annual Meeting.

The meeting then moved on to a discussion of the unfinished business from prior meetings:

The list of Officers and Board members was circulated to those present with a request to make any required corrections.

The Mission Statement subcommittee can’t seem to get together. A motion was made and approved that we no longer need a mission statement. Instead, Grice will review the bylaws and make suggestions for changes. Do we need Bet Keller’s approval prior to voting on any bylaws changes? Do we need to add a section to the bylaws dealing with Judicial Liasons?

Grice spoke with Chip Dicks regarding the notary study on disseminating notaries electronically. Pia serves on this study committee. Chip Dicks would like someone from the Section who practices residential real estate to participate in the committee studying proposed changes to the residential disclosure/disclaimer statement. Susan Pesner and Eric Zimmerman agreed to cover the meetings.

Chip Dicks is looking for help with having a bill passed by the General Assembly allocating funds to the clerk’s offices to be used to pay for additional staff. Christina Meier agreed to talk to Teri Suit to ask Teri to talk to Leo Waldrup about the issue.

Discussion on the Eminent Domain subcommittee tabled until the discussion of subcommittees

On the recruiting front, it was noted that the section’s membership decreased by 60 members. All present were asked to focus on recruiting new members.

The meeting then moved on to new business:

Subcommittee Reports:

Membership – no additional comments

Programs – no additional comments

Technology – Susan Pesner suggested the article on how to evaluate the cost of technology in your law firm be reprinted in the Fee Simple. The group was reminded that before using Deal Proof software, to make certain it integrates with your programs.

Fee Simple – the next deadline for articles is October 20, 2006. We are expecting an article on Eminent Domain. Bill Nusbaum agreed to do an article on a snow removal contract, including annotations explaining the reason for inserting certain provisions. Other suggested topics for articles are (1) wetlands banks based upon the US Supreme Court decision handed down about 6 months ago, (2) conservation easements, (3) 2006 ALTA policies (Bob Bozarth), (4) practice tips on septic systems (Susan Pesner). It was decided not to do an article on an attorney’s duty to negotiate title insurance rates.

Creditors’ Rights and Bankruptcy – Phil Hart agreed to chair the subcommittee. Lucy Davis will serve on the subcommittee.

Ethics – Susan Pesner is the chair

Land Use and Environmental – who is on the subcommittee?

Title Insurance – Steve Gregory moved to West Virginia, but he still would like to be involved.

Residential – they will be meeting

Liason Reports:

Bar Counsel – no report

Old Dominion Bar Association – Doug reminded the group that Manus Holmes mentioned that the Old Dominion Bar had very few members who practice real estate law, so the association of the Section with the Old Dominion Bar will be discontinued.

Additional Subcommittee notes:

First Day in Practice – Manus Holmes, Ed Waugaman and Rick Richmond involved

It was noted that Minerva Andrews’ husband, Robert Taylor Andrews, passed away. Grice will send an email to the section advising of Mr. Andrews’ passing. Those who knew Minerva were urged to send her a card. Grice will send a card from the Section.

Future projects and the direction of the section were then discussed. It was noted that we are headed in the right direction. Grice suggested that each subcommittee should meet at least two (2) times per year and be responsible for at least one (1) article for the Fee Simple. Area Representative responsibilities were also discussed – to recruit, attend meetings and be up to speed on real estate issues affecting their part of the state. It was suggested that there be a letter to the members included in the Fee Simple introducing the Area Representatives and telling members to call their Area Representative if they have questions.

There being no further business, upon motion duly made, seconded, and unanimously passed, the meeting was adjourned at 12:10 p.m.

Respectfully Submitted,

Jean D. Mumm

Vice Chair (filling in for the Secretary)



10:00 am to 12:00 Noon
Friday, September 8, 2006
The Virginia CLE Building
105 Whitewood Road
Charlottesville, VA

Welcome/Introductions - McMullan

Approval of minutes from June 16, 2006 meeting - McMullan

Financial Report - McMullan

New Area Representatives - Anticipated Nominations:

J. Philip Hart, Esquire

John Faber

Philip Travani

Legal Writing Contest for 2006/2007

Seminars – Kern

A. Advanced Real Estate Seminar - February 23 and 24, 2007 at Kingsmill in Williamsburg beginning at 1:00pm - to be discussed further over lunch
B. Annual Real Estate Practice Seminar (4 dates in May, 2007)
C. Annual Meeting CLE Seminar (June 14, 2007)

Meeting dates for future meetings in 2006 through the 2007 Annual Meeting - McMullan and Kern

A. Winter Meeting – January 19, 2007 (Williamsburg - weekend of VBA meeting)
B. Spring Meeting- February 23, 2007 (Kingsmill)
C. Summer Meeting - June 14, 2007 (the Holiday Inn SunSpree)

Unfinished Business

A. Updated and revised list of Officers and Board members - McMullan
B. Mission Statement subcommittee - Zimmerman.
C. Converting interest in establishing an ad hoc subcommittee to work with VBA to monitor new legislation and comment on proposed bills – McMullan
D. Liaison with Clerk’s Association - McMullan
E. Creation of Eminent Domain subcommittee – McMullan
F. Recruiting – McMullan

New Business

A. Subcommittee Reports:

1. Membership - Cochrane
2. Programs - McMullan/Dewing
3. Technology -Dewing
4. Fee Simple - McMullan -(Note that the next Due Date for submitting articles is October 20)
5. Commercial Real Estate- McMullan
6. Creditors' Rights and Bankruptcy - currently open
7. Ethics - currently open
8. Land Use and Environmental - Steve Romine
9. Title Insurance - Gregory and/or Waugaman
10. Residential - Eric Zimmerman and/or Barbara Goshorn
11. Liaison Reports
A. Bar Counsel - King
B. Old Dominion Bar Association - Holmes

Future Projects and Direction of the Section - McMullan




Immediately following the Section meeting there will be a Planning Meeting for the 11th Annual Advanced Real Estate Seminar scheduled for February 23-24, 2007 at Kingsmill. This will be a working lunch meeting.