SAINT PAUL
Thursday, October 31, 2019 - Friday, November 1, 2019
8:15 AM - 5:00 PM | Check-In: 7:30 AM
St Paul RiverCentre
175 W Kellogg Blvd
Saint Paul, MN 55102
The Nation’s Best Real Estate Event
Timely education! Valuable resource materials! And a great time with colleagues and friends! The Real Estate Institute is the premier real estate conference in the nation. That reputation is built on more than 30 years of outstanding annual program line-ups, educating thousands of real estate lawyers and professionals from Minnesota and across the Upper Midwest. And by offering more than 50 session choices, the Institute ensures that you can construct an agenda tailored to your particular work, interest, and experience level.
Here are just some of the more than 50 offerings at this year’s Institute:
And There’s More –
Don’t miss the best Real Estate Conference in the nation – your colleagues will all be there.
8:15 – 8:30 a.m.
WELCOME & INTRODUCTION
8:30 – 8:50 a.m.
Overview of 2019 Real Estate Market and Forecast for 2020
Robert J. Strachota
8:50 – 9:20 a.m.
2019 Minnesota Case Law Update
Paul B. Kilgore, Nancy K. Landmark, Samuel J.H. Sigelman & Jennifer M. Warfield
9:20 – 9:45 a.m.
Hot Topics – New ALTA Forms, Opportunity Zones, Green Acres & Homestead, Vapor Intrusion, Short-Term Rentals, Fair Housing, Gun Laws
Angela M. Christy & Thomas H. Sellnow
9:45 – 9:55 a.m.
DISTINGUISHED SERVICE AWARD
9:55 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
BREAKOUT SESSION A
101
Is the Property Marketable? Including the Use of the 30- and 40-Year Laws
Repeated at #501
Barbara B. Gilmore
102
Keys to Developing and Using Escrow Agreements (Including an Annotated Sample Agreement)
Nancy K. Landmark
103
The Most Common Probate Questions in Real Estate – PR Deeds, Purchase Agreements, Sales and More
These questions will address the most common questions that arise in real estate practice: Probate Sales Package – what is in it and how do you get it? Is a personal representative's deed required? What to look for in the purchase agreement? Selling probate property as-is versus selling on the open market? And more!
Kimberly A. Prchal
104
7 Pitfalls in the Development Project – Including Potential Economic Disasters
Patrick E. Mascia & Justin P. Weinberg
105
Kepple Commercial Purchase Agreement Panel – Focusing on the 7 Biggest Minefields and How to Avoid Them
Avoiding closing delays to assure timely project completion; Replatting and subdivision tips to assure a timely closing; Casualty loss occurrence pending closing – dealing with the insurance carrier and dealing with a self-insured scenario; Drafting a proper remedies clause – how to avoid default disaster; Proper income and expense pro-rations to avoid post-closing surprises; and The new local ordinance trend and its impact on commercial closings.
Tammera R. Diehm, Joseph L. Nuñez, Larry M. Wertheim & John R. Wheaton
Lloyd G. Kepple (moderator)
106
Introduction to Tax Credits and Other Governmental Assistance in Real Estate Developments
Back by Popular Demand!
Peter J. Berrie
107
How to Handle the Purchase or Sale of Farmland – Sales to Family Members or Third Parties
This section will cover the sale or purchase of farmland between family members or third parties. Discussion points will include recent trends in farm sales, financing issues, sales via contract for deed or outright, sales that include part gifting of farmland, tile drainage issues, easements, and taxation, including § 1031 exchanges.
Shari P. Fischer
108
Tips for Drafting Short-Term Rental Agreements for Residential Dwellings – The Law, Regulations and Best Practices
Repeated at #708
Christine L. Eid & Diane B. Galatowitsch
11:15 – 11:30 a.m.
BREAK
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION B
201
Understanding Torrens and How It Works – With Special Focus on Certifications, Examiner’s Directives and the Use of Proceedings Subsequent
Back by Popular Demand!
This session will cover specifics related to land registered under Minnesota Statutes Chapters 508 and 508A, including a detailed discussion regarding matters that require review and certification by, or a directive of, an Examiner of Titles; proceedings subsequent to initial registration which require district court actions, including actions to determine boundary lines; and the jurisdiction of Examiners of Title in their judicial capacity. Topics will also include the processes and procedures used in these situations, as well as common errors or issues resulting in rejection of documents.
Wayne D. Anderson & Kimberly E. Brzezinski
202
The Annual Bush Nielsen Title Insurance Case Update
J. Bushnell Nielsen
203
How to Subdivide Property – A Step-by-Step Guide
Back by Popular Demand!
Mark S. Radke
204
Building Cities of the Future through Public-Private Partnerships
Mark E. Hamel & Jay R. Lindgren
205
Environmental Due Diligence for the Real Estate Attorney – Focus on the Vapor Intrusion Problem
Joseph G. Maternowski
206
Key Modifications to Make to the AIA A102 and A201 Construction Documents When Representing the Owner
Repeated at #605
Gina M. Fox
207
Opportunity Zone Basics – An Introduction to the Tax Benefits, the Definitions and Eligible Investments
April Hamlin, Lara Page & Mary J. Streitz
Angela M. Christy (moderator)
208
1031 Basics – When and How to Complete a Successful §1031 Real Estate Exchange
Repeated at #506
Paul J. Linstroth
209
Key Issues in Drafting or Reviewing Farm Leases
Reed H. Glawe
12:30 – 1:30 p.m.
INSTITUTE LUNCHEON (provided to all attendees)
1:30 – 2:30 p.m.
BREAKOUT SESSION C
301
Dealing With the “Bad” Metes and Bounds Legal Description – Why It Is a Problem and How to Fix It
This session will explain how to read and recognize problems with a legal description. We will discuss how to write an accurate description. However, we will emphasize that lawyers should not draft legal descriptions.
David J. Meyers & Dennis Pederson
302
How to Conduct a Quiet Title Action
Cindy K. Telstad
303
20 Important Things to Know About Real Estate – But Few People Do
Back by Popular Demand!
A compilation of items that your presenter has learned the hard way. Come be entertained and hopefully learn something that saves you from future pain and embarrassment.
Matthew J. Foli
304
Current Lessons and Trends in Land Use
The panelists will address two hot topics from the perspectives of both public and private land use professionals: first, implications for land use practitioners arising out of the US Supreme Court decision in Knick v. Township of Scott, 588 U.S. ____ (2019); and second, the status and viability of inclusionary zoning ordinances in Minnesota.
John M. Baker & Tammera R. Diehm
Stuart T. Alger (moderator)
305
Top Ten Issues in Retail Leases (Including Special Considerations for Restaurants)
What’s so difficult about a retail lease? Landlords and tenants always seem to haggle over the same issues when negotiating retail and restaurant leases. Get both the landlord’s and the tenant’s perspective on the top ten issues, together with practice pointers and sample clauses.
Stephen P. Cohen & Mary S. Ranum
306
Construction Defects and Disputes – Focus on the Right to Inspect and Repair
This presentation will begin with a brief overview of construction warranties in Minnesota, followed by particular focus on (1) who can perform remedial work under right-to-repair laws, (2) evidentiary preservation issues before and during performance of remedial work, and (3) inspection rights and obligations if remedial work is unsuccessful and litigation is likely.
Aron J. Frakes & Kyle W. Ubl
307
The Challenges and Complexities of Opportunity Zone Investments
Navigating the nuance of the QOZ Program for Real Estate Developers; Anatomy of successful QOZ Real Estate Projects.
April Hamlin, Connor Irish & Allison Woodbury
Angela M. Christy (moderator)
308
Issues Unique to Farmland in Estate Planning
This session will focus on issues unique to farmland in estate planning. Topics will include the division of farmland as a part of the plan and after death, rental/purchase options on farmland, sale restrictions on farmland, drainage tile considerations, entity use within estate planning, and the Minnesota qualified farmland deduction, among others.
Shari P. Fischer & Toni M. Sandin
309
Commercial Real Estate in Indian Country – A Checklist Approach
Shauna L. Coons
2:30 – 2:45 p.m.
BREAK
2:45 – 3:45 p.m.
BREAKOUT SESSION D
401
When Multiple Owners Can’t Agree – Is a Partition Action the Answer?
Charles H. Andresen
402
Getting Title Right – Drafting Title Examination Language in the Purchase Agreement and Writing and Responding to Title Objection Letters
John H. Brennan
403
Trust Law for Real Estate Lawyers
This practical session will review the basics of trust law, including definitions, use, benefits and funding. The basics will be followed by a look at specific ways in which trusts are used and applicable in real estate transactions, covering common issues and pitfalls to avoid.
Taylor N. Kaspar
404
Basics of Creating a Common Interest Community – Focus on Condominiums and Planned Communities
Jennifer L. Carey
405
An Introduction to Commercial Real Estate Tiered Financing – Preferred Equity, Mezzanine Financing, A/B Note Financing, Intercreditor Agreements and More
Steven W. Meyer & Tyler K. Olson
406
7 Things That Every Real Estate Lawyer Should Know About Energy Law – Including Key Statutes, Regulations and Contracts
Lisa A. Crum
407
Key Issues in Structuring Joint Ventures for Real Estate Projects – With Special Emphasis on Governance and Decision-Making Between Joint Venture Partners
Brian S. McCool
408
Understanding Agricultural Foreclosures – Including Farmer-Lender Mediation and Rights of First Refusal
Back by Popular Demand!
Michael S. Dove
409
Medical Assistance Update 2019
Medical assistance continues to be the safety net for more than a million Minnesotans. This presentation will focus on the eligibility criteria for persons aged 65 or over. This session is a repeat of materials presented at the Probate and Trust Law Conference and the Solo Small Conference earlier in 2019 but updated to include the asset and income numbers that change January 1, July 1 and October 1 of each year. Also included is information on the new Account Verification System that started September 1, 2019, to search national and local data bases to verify reported and unreported assets and income. The session includes a segment on paying for care in assisted living facilities and an update on recent estate recovery developments.
Julian J. Zweber
3:45 – 4:00 p.m.
BREAK
4:00 – 5:00 p.m.
BREAKOUT SESSION E
501
Is the Property Marketable? Including the Use of the 30- and 40-Year Laws
Repeat of #101
Barbara B. Gilmore
502
Surprising and Creative Title Insurance Solutions: Learn Why Title Insurers Refuse Certain Risks, and 5 Types of Solutions That Insurers and Customers Rarely Consider but That Really Work
J. Bushnell Nielsen
503
Negotiating and Drafting the Key Provisions in a Non-AIA Construction Contract for Small- to Medium-Sized Projects (Including a Sample Annotated Document)
Justin P. Weinberg
504
Drafting and Reviewing Loan Guarantees (Including an Annotated Loan Guarantee Agreement)
Gary C. Eidson
505
Multijurisdictional Practice and Ethics for Real Estate Lawyers
1.0 ethics credit applied for
Minnesota real estate attorneys are well served to review practice activities to the extent they may extend beyond Minnesota to ensure you are not unintentionally engaged in the unauthorized practice of law in a state where you are not licensed. This session will highlight the limits on multijurisdictional practice, apply the ethics rules to various scenarios in which real estate attorneys may find themselves, and offer practical tips and insight for avoiding potential ethics pitfalls.
Susan M. Humiston
506
1031 Basics – When and How to Complete a Successful §1031 Real Estate Exchange
Repeat of #208
Paul J. Linstroth
507
Reviewing and Revising Wind Contracts When Representing the Landowner (Plus a Word About Solar)
Craig M. Byram
508
Diversity and Inclusion in Real Estate Practice – Focus on the Real Property Section’s Diversity Plan
1.0 elimination of bias credit applied for
Chelsy M. Jantsch & Sarah Lynn Oquist
Micheal D. Fleming (moderator)
5:00 – 6:30 p.m.
JOIN US FOR THE INSTITUTE RECEPTION!
Hosted by Attorneys Title Guaranty Fund, Inc.
Featuring complimentary cocktails and hors d’oeuvres.
8:10 – 8:30 a.m.
MSBA REAL PROPERTY SECTION MEETING
8:30 – 8:55 a.m.
2019 Title Standards & Update
Robert L. Russell & Cindy K. Telstad
8:55 – 9:10 a.m.
Overview of the Proposals to Modernize Land Records in Minnesota
Susan T. Ledray
9:10 – 9:35 a.m.
2019 Legislative Update
Jennifer L. Carey & Kevin J. Dunlevy
9:35 – 10:30 a.m.
2019 Minnesota Case Law Update (continued)
Paul B. Kilgore, Nancy K. Landmark, Samuel J.H. Sigelman & Jennifer M. Warfield
10:30 – 10:45 a.m.
BREAK
10:45 – 11:45 a.m.
BREAKOUT SESSION F
601
Modernizing Land Records – A More In-Depth Discussion With Your Feedback
Susan T. Ledray
602
Reviewing Your Client’s Plat – The Statutes That Guide and Common Mistakes That Delay Recording
This presentation will build on the theme that it is a mistake to think that every county, and every municipality, treats the plat process the same way. Materials will include an annotated plat, identifying the statutory requirements.
Matthew J. Foli & Chris Mavis L.S.
603
Development 101: Preparing for the Development Project and Conducting Due Diligence
Jana C. Ott & Lica Tomizuka
604
Responding to Investigations When the Department of Commerce or Labor & Industry Are Knocking at the Door
Learn how investigations are really handled and how to respond. Director of Licensing and Enforcement at the Department of Labor and Industry, Charlie Durenberger, and Matt Boyer, Audit Director at Commerce will join Steve Yoch to discuss what to do when your client (broker, builder or title insurer) has received an investigation notice from the State.
Matthew Boyer, Charlie Durenberger & Stephen E. Yoch
605
Key Modifications to Make to the AIA A102 and A201 Construction Documents When Representing the Owner
Repeat of #206
Gina M. Fox
606
Get to Know the “Three F’s” of Multifamily Finance: Exploring the Legal Requirements of Fannie, Freddie and FHA
Many clients are using Fannie Mae, Freddie Mac and FHA (HUD) programs to get loans for market rate and affordable multifamily housing projects. Attorneys representing those developers need to have a grasp of the legal nuances that distinguish Fannie from Freddie and Freddie from FHA. The panelists will compare and contrast the legal requirements surrounding Fannie, Freddie and FHA-insured loan closings. The session will also include a discussion of the mysterious Ginnie Mae.
Lindsay L. Case & Jim Provenzale
607
Premises Liability – Drafting Indemnity, Maintenance, Inspection and Other Document Language to Minimize Risk
Spiwe L. Jefferson
608
Probate Litigation Lessons for Real Estate Attorneys
Real estate transactions may be subject to challenge in probate court both before and after the (former) owner’s death by the owner’s spouse, children, conservator, devisees, beneficiaries, creditors, or other interested parties. This session will discuss real estate pitfalls, procedures, and available remedies in probate, trust, guardianship/conservatorship, and related proceedings.
Spencer C. Butts & Kirstin E. Helmers
11:45 a.m. – 12:00 p.m.
BREAK
12:00 – 1:00 p.m.
BREAKOUT SESSION G
701
Applying the Newest Guidelines for Legal Descriptions and Survey Matters
The panel will explain newly adopted Guidelines, and a provide refresher course on existing Guidelines.
Nancy K. Landmark, David J. Meyers & Robert L. Russell
702
How to Use and Create Conservation Easements
Todd M. Phelps, Gena M. Setzer & Susan D. Steinwall
703
Negotiating the Construction Loan Agreement
Jon J. Hoganson & David A. Meyer
704
The Developing Landscape of Condemnation Cases – Including Construction Interference, Evidentiary Matters, Damages, and More
Peter G. Mikhail & Jon W. Morphew
Bradley J. Gunn (moderator)
705
Using the Non-Profit Sales Tax Exemption in Construction Projects
Eric H. Galatz
706
Ethics for Real Estate Attorneys: New Developments in Confidentiality
1.0 ethics credit applied for
Eric T. Cooperstein
707
An Introduction to Bankruptcy Concepts Affecting Real Property – The Effects of the Automatic Stay, Treatment of Commercial Leases, the Homestead Exemption, and More
Julie N. Nagorski & Patrick C. Summers
708
Tips for Drafting Short-Term Rental Agreements for Residential Dwellings – The Law, Regulations and Best Practices
Repeat of #108
Christine L. Eid & Diane B. Galatowitsch
1:20 – 3:20 p.m.
Dates and Times TBD
IN-PERSON LIVE PRESENTATION
Thursday, October 31 – Friday, November 1, 2019
Saint Paul RiverCentre
175 West Kellogg Boulevard
Saint Paul, Minnesota
IN-PERSON REPLAYS
There are no in-person replays.
Hampton Inn & Suites Downtown St. Paul – $149
200 West 7th Street
Saint Paul, MN 55102
651-224-7400
BOOK ONLINE
Holiday Inn St. Paul Downtown – $142
175 West 7th Street
Saint Paul, MN 55102
651-225-1515
BOOK ONLINE
The Saint Paul Hotel – $169
350 Market Street
Saint Paul, MN 55102
651-292-9292
TO BOOK ONLINE: Visit the hotel reservations page, enter desired dates, change the SPECIAL CODES dropdown to “Group/Block” and then use code: 191030MNCLE
$475 MSBA members / $475 paralegals / $575 standard rate
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
REAL ESTATE INSTITUTE:
Minnesota CLE is applying to the Minnesota State Board of CLE for 10.25 total CLE credits. We anticipate that breakouts #505 and #706 each will qualify for 1.0 ethics credit, and that breakout #508 will qualify for 1.0 elimination of bias credit. In no case may you claim more than 10.25 total credits for the Real Estate Institute. Application also is being made to the MSBA for 10.25 advanced real estate specialist credits.
BONUS SEMINAR:
Minnesota CLE also is applying to the Minnesota State Board of CLE and to the Minnesota State Bar Association for the following credits for the Friday afternoon “Institute Bonus Seminar”:
POST-INSTITUTE WEBCASTS:
Minnesota CLE is applying to the Minnesota State Board of CLE and to the Minnesota State Bar Association for the following credits for each post-Institute webcast:
Registrants will receive electronic access to the seminar written materials through the Minnesota CLE website a few days prior to the Institute. Log in to your account and go to My Account > Seminar Registrations to view the materials. At the seminar, attendees will receive hard copy materials for the plenary sessions and breakout sessions attended.
