Meeting/Event Information
Fall Quarterly Seminar and Business Meeting
September 28, 2023
7:30 AM - 6:00 PM
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Eagle Mountain House & Golf Club
179 Carter Notch Rd.
Jackson, NH 03846
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Seminar:
Case 1: Presented by Michael B. Bemis, NHLLS 612
The case I will be presenting was held in Belknap County Superior Court (1989-90), Perkins v. Leighton Estates Association, which involved conflicting claims concerning boundaries, access and waterfront use on the west side of Lake Winnisquam in Sanbornton. This was my first experience in court. I will give some historical background about the development, explain the details of the dispute, the conflicting boundary layout opinions, and the court’s decision. If time permits, I’ll discuss court preparation for the surveyor based on my experience.
Michael graduated from TSAS-UNH in 1972 with an associate degree in forestry. He began land surveying work in the Lakes Region in 1974 for Steven J. Smith & Associates, Inc., formerly Ronald M. Mitchell & Associates, and more recently is working part time for Dubois-King in Laconia. Mike was licensed and became a member of NHLSA in 1981. He served on the NHLSA Education Committee from 1991 to 2019 as a committee member, chairman and case studies presenter.
Case #2: Presented by Kevin L. Tilton, NHLLS 979; Douglas C. Burnell, NHLLS 520
Kevin and Doug’s presentation will look at condemnation cases, or takings by eminent domain, primarily as they have created boundary conflicts with landholdings and rights adjacent to the White Mountain National Forest. Kevin will especially share his perspectives on the subject as a surveyor newly transitioned from the private (HEB Engineers) to the public sector (United States Forest Service-Northeast Region-White Mountain National Forest).
Kevin is a Licensed Land Surveyor in the State of New Hampshire and a Professional Land Surveyor in the State of Maine. Kevin joined the Department of Agriculture, USFS, Northeast Region in April 2022 as the White Mountain National Forest Land Surveyor. He is also a member of the New Hampshire Land Surveyors Association, the White Mountain Board of Realtors Affiliates and a member of the Town of Albany, New Hampshire Conservation Commission.
Kevin earned his Associate of Applied Science degree in Civil Technology with an emphasis in Surveying and Mapping from the Thompson School of Applied Science at the University of New Hampshire in 2005. Kevin was employed with HEB Engineers from May 2005 to April 2022. He has considerable experience with boundary and engineering surveys, deed research and plan compilation. Kevin’s project experience includes infrastructure, property, and conservation surveying.
Doug is a retired surveyor but still licensed in NH & ME. He is the board president and volunteer lands consultant with the Upper Saco Valley Land Trust, serving eight towns in NH and three in Maine in the Mt. Washington Valley. Doug has been a frequent Case Studies presenter and a longstanding Active Member of NHLSA. Doug has gained multiple perspectives in conserving lands from producing numerous lands surveys for many different agencies and organizations throughout his 50-year career in private practice, as a conserved-woodlands owner himself, and from his ten years with USVLT.
Case #3: Presented by Captain Adrian Reyes & Captain Matson
Captain Reyes and his assistant, Captain Matson, will be presenting on NH Forestry Laws, primarily NH RSA 227-J:8a commonly referred to as Timber Trespass. My presentation will include my experience with investigating Timber Trespass and the common issues that lead to it. I will then conclude with a case study covering the investigation and results from a timber trespass complaint out of Strafford NH.
Adrian graduated in 2017 from UNH with a Bachelor of Science in Forestry. Upon graduation he began working as a Forest Ranger with the NH Division of Forests & Lands which required him to then attend and graduate from the NH Police Academy in 2018. As a Forest Ranger, Adrian has covered Cheshire, Sullivan, Hillsborough, and Merrimack Counties. More recently Adrian accepted the captain’s position and now oversees the counties of Belknap, Carroll, Grafton, and Coos.
Case #4: Presented by Dennis D. McKenney, NHLLS 691
The 1902 Subdivision of Little Bear Island on Lake Winnipesauke in Tuftonboro, NH by L. E. Scruton, C.E.
More than 100 years later a resurvey of one of the 59+ original lots was commissioned prior to the construction of a new island home. 30+ feet of island lake frontage is in play on some of New Hampshire’s most expensive and desirable real estate and now a new home appears to encroach on an historic, original boundary. Is this just a professional difference of opinion or does it rise to something more?
- What happened when Surveyor A’s work created this boundary dispute?
- Why is Surveyor B showing the original 1902 line common to both properties in a much different location?
- Surveyor C, a retained expert, is asked to opine on the two surveys and answer the question: Which of the two surveys is correct?
- What actions does the affected landowner take?
- What action is taken by Surveyor C because of the comparison and analysis?
Let’s walk through the chronology of events across 112 years as we consider the original survey, natural monuments, parol evidence like boulders and blazed trees, and the two resurveys from circa 2012. We will discuss not only the expert’s role and responsibility but also the critical need to clearly communicate one’s findings for the ultimate benefit or judge and jury.
Dennis has 49 years’ experience and counting looking at trees and stumps for both forestry and land surveying projects. This work has taken him to every NH county and his clients have included the US Forest Service, NH Fish and Game, many municipalities, and countless private landowners. He prefers remote locations and is self-diagnosed as allergic to urban areas.
He has been a retained expert in disputes involving trees, timber and boundary lines including several involving trees, personal injury, and boundary lines. Most recently he has been a contributing author to a textbook under joint development by the Society of American Foresters and the Association of Consulting Foresters by authoring two chapters: Boundary Surveys and the Expert Witness. He resides in Bennington with his wife of 46 years on their managed woodland and, more importantly, is the proud “Poppa” to nine grandchildren.
Tentative Seminar Schedule - 2.0 CEUs
| 7:30 – 8:00 am | Registration & Breakfast |
| 8:00 – 10:00 | Case #1 – Mike Bemis |
| 10:00 – 10:15 | Morning Break |
| 10:15 am – 12:00 pm | Case #2 – Kevin Tilton & Doug Burnell |
| 12:00 – 1:00 | Lunch |
| 1:00 – 2:15 | Case #3 – Captain Adrian Reyes & Captain Matson |
| 2:15 – 2:30 | Afternoon Break |
| 2:30 – 4:00 | Case #4 – Dennis McKenney |
Be sure to stick around afterwards for some individual committee meetings and brief social gathering with your colleagues before the start of the Quarterly Business Meeting.
Quarterly Business Meeting Schedule - Attend 50% of Meetings and receive 1.0 CEU
| 4:15 – 5:00 pm | Committee Meetings; cash bar & hors d’oeuvres; closing of Foundation’s raffle |
| 5:00 – 6:00 | Business Meeting |
REgistrATION DEADLINE: September 9th
Interested in becoming an Officer, Director, or joining a committee for 2024?
The following Executive Committee positions are open:
Vice President
Vacant positions remain for the following committee chairs:
History, Membership, Publicity, & Youth Outreach
Why not sit in on an Executive Committee meeting and get your questions answered.
Questions? Call: The NHLSA Office @ 603-895-4822
Quick Directions:
From East of Lake Winnipesaukee and the Seacoast:
Take NH Route 16 through North Conway and stay Right on Rte. 16 at the intersection of US Rte. 302 and 16. See Last Leg to the Inn.
From West of Lake Winnipesaukee and Southern NH:
Take I-93 to Exit 35 For US Rte. 3 North.
Take US Rte. 3 for 9.8 Miles and turn Right onto US Rte. 302 East.
Stay on US Rte. 302 for 29.1 Miles.
See Last Leg to the Inn *
From Littleton:
Take I-93 to Exit 35 For US Rte. 3 North.
Take US Rte. 302 West.
See Last Leg to the Inn *
From Gorham:
Take NH Route 16 South to Jackson.
Turn left at the Jackson Covered Bridge onto Rte. 16A for ½ mile.
Turn right onto Rte. 16B, past Jackson Falls, and the Eagle Mountain House will be on your left in 8/10ths of a mile.
* Last Leg to the Inn:
Stay on Rte. 16 for 2.2 miles.
Turn right at the Jackson Covered Bridge onto Rte. 16A for ½ mile.
Turn right onto Rte. 16B, past Jackson Falls, and the Eagle Mountain House will be on your left in 8/10ths of a mile.
Rooms are available at a discounted rate at the Eagle Mountain House for anyone desiring to stay overnight or bring their spouse for a long weekend, foliage sightseeing, get-away. To make room reservations or for more information contact Mainsail Reservations at 1-855-806-9892 and mention you are part of this NHLSA seminar. You can also use the following link to reserve your overnight room.
Tickets
$150.00 Seminar (member)
$300.00 Seminar (non-member)
$75.00 Seminar (SIT member)
$50.00 Seminar (student member)