Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation
Why Attend?
Land use planning and regulatory decisions affect economic development and quality of life. They can also create major challenges to property owner efforts to develop their property.
This program is designed for attorneys, professional planners, and government officials involved in land use planning, zoning, permitting, property development, and related litigation. It not only addresses and analyzes the state-of-the-art efforts by government to manage land use and development, but also presents the key issues faced by property owners and developers in obtaining necessary governmental approvals. In addition, the entire approach of the program is to provide practice pointers that give immediate “take home value.”
This outstanding program features:
• Critical review and analysis of the most important new cases
• Detailed analysis of hot topics, including Update on the Taking Issue, Land Use and Water Supply Concerns, “Green” Audits of Plans and Regulations, Update on Climate Change and Land Use, and Public-Private Partnerships
• Hard hitting debate on the issue of sprawl vs. sustainable development
• Case studies of projects that require multi-jurisdictional approval and real world land use solutions to environmental constraints
• Review of the impact of federal laws and programs on local land-use planning
• Detailed review and analysis of the use and opportunities for citizen participation provided by social networking web sites
• The latest information on local government efforts to deal with military base compatibility concerns
• Keynote presentation on redevelopment and the use of tax increment financing by Professor George Lefcoe of the University of Southern California
• Outstanding networking opportunities, including lunches and a reception
• A preeminent faculty of practitioners and academics who provide nationwide perspective without losing sight of state specific issues
The course is an investment in your practice, in your ability to get out ahead of the competition in serving your clients, and in the appreciation and intellectual satisfaction you can get only from having knowledge of land use at the cutting edge.
What You Will Learn
Now in its 26th year, the Land Use Institute has earned its role as the most comprehensive land use continuing education program available. It will give you efficient review of the key issues in land use. Special features of this year's Institute include:
Head Start Program A two-hour introductory session from 4 p.m. to 6 p.m. on Wednesday evening is for new attorneys as well as attorneys who are new to the land use practice area. During this session, selected faculty members address the basics of land use planning and development regulation, review seminal cases in areas related to the forthcoming panel presentations, and offer a brief overview of the legal issues to be covered. Time is provided for questions and answers.
Update on Planning, Land Use, and Eminent Domain Decisions The course begins with a discussion of recent court decisions, providing a common foundation for all registrants to build a better understanding of the current state of land use law. Ample time is provided for registrants' questions and faculty discussion.
Urban, Suburban, and Rural Sprawl and Sustainable Development, and is “Mega” Out and “Small” In? In this age of Sustainable Development goals, policies, and objectives, local governments around the nation are still dealing with sprawl. Is that bad or good? In addition, experience also shows that the “mega” homes and projects of the recent past appear to be giving way to “small” in market demand for homes, retail space, and commercial development. This panel explores these trends and provides guidance on how local government and the private sector can better understand, prepare for, and implement programs to best suit the needs of their local jurisdiction.
Concurrent Sessions In response to registrants' requests for the opportunity to examine current issues in greater detail in a small group setting, each afternoon of the program offers concurrent sessions that allow for detailed analysis covering both "hot topics" and traditional critical practice areas. Faculty members summarize their prepared materials, overview key aspects of the topic, and provide time for registrants to join in the discussion. Topics this year include (subject to change):
• Managing the Development Team;
• Land Use Aspects of Medical Marijuana;
• Update on the Taking Issue;
• Santa Fe County: Sustainable, Renewable, and Green;
• Land Use and Water Supply Concerns;
• Climate Change and Land Use;
• Federal Facilities and Land Use Compatibility;
• “Green” Audits of the Plan and Regulations; and
• Public-Private Partnerships.
Legacy Presentation As a result of registrants' suggestions, a video of a significant presentation by a now-deceased land use "superstar" is now an annual feature of the Land Use Institute. This year's presentation will be announced shortly.
21st Century Practice Issues: Citizen Participation –What Every Land Use Lawyer Should Know about Social Networking and Video Sites The internet and the Web have revolutionized the way information is collected and accessed. Citizens now have easy access to municipal records, webcast public meetings, downloadable agenda packages, etc. Now, social networking and video sites (among them, Facebook, MySpace, Twitter, and YouTube) are revolutionizing the way information on environmental and land use issues is being communicated. This panel introduces the sites and provides practice pointers on how to effectively work with this evolving technology to best serve your clients.
Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making The federal government continues to encroach upon local government decision-making through a variety of programs. This favorite annual session addresses major current issues concerning environmental protection and real estate development at the local level. Among the topics to be discussed are: Air Quality, Endangered Species, Environmental Justice, Hazardous Materials, Historic Preservation, NEPA, Religious Land Use, and Wetlands.
The Entitlement Process: Case Studies of Multi-Jurisdictional Interaction Registrants continually raise questions about how best to deal with projects that require permit approvals from a variety of governmental entities. This year the faculty members review the details of a number of specific examples to illustrate strategy options, required experts, public relations, convincing demonstrative evidence, and personal philosophy on the best approaches to succeed.
Annual Richard F. Babcock Faculty Keynote Address Richard F. Babcock was one of the twentieth century's greatest land use attorneys, and the first chair of the predecessor to ALI-ABA's Land Use Institute. In his honor, each year a faculty member presents a major address on a topic of substantial current interest. George Lefcoe, Professor of Law at the University of Southern California, has been selected as the 2010 Faculty Keynote Speaker. His topic is “Blight, TIFs, TODs, and the Next 100 Million Americans.” Professor Lefcoe looks forward and looks back as he describes how American local government will deal with the development and redevelopment needs of our growing Nation.
Solutions to Land Use Issues Posed by Environmental Constraints Case studies are among the most effective ways to understand complex challenges in the permitting process. This panel uses the case study method to illustrate how creative planning and regulation can address land use constraints resulting from environmental considerations.
Separate Sessions on on Professionalism and on Ethical Considerations for the Land Use Practitioner and Government Lawyer These sessions examine, among other issues, ways to enhance the image of the legal profession, as well as the ethical and professionalism problems regularly confronting land use attorneys and planners, including conflicts of interest, bias, and ex parte communications.
Edited Course Materials Each panel has a faculty coordinator and all materials are discussed among the panelists for each session before being prepared in conformance with a specific set of guidelines. Outlines are then submitted to a course materials editor for review prior to submission to ALI-ABA for reproduction. This effort annually produces a volume of materials that helps registrants follow the lectures and provides a valuable stand-alone resource that many use as an annual “desk book” on current land use issues.
Networking Opportunities Time is set aside throughout the program for registrants to interact with the faculty and ask them questions. In addition, a Dutch-Treat "Women in Land Use" luncheon is held on Thursday, and a Dutch-Treat luncheon is offered on Friday for "Young Practitioners in Land Use."
Time is set aside throughout the program for faculty interaction and to address written questions submitted by the registrants, both in advance of and during the program.
Planning Chairs
Frank Schnidman, Director, Center for Urban Redevelopment Education (CURE), School of Urban and Regional Planning, Florida Atlantic University, Fort Lauderdale
Gideon Kanner, Manatt, Phelps & Phillips, LLP, Los Angeles; Professor Emeritus, Loyola Law School
Faculty
Gus B. Bauman, Beveridge & Diamond, P.C., Washington, D.C.
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles
Amy Brigham Boulris, Brigham Moore LLP, Miami
Tara Butler, Policy Advisor/Project Manager, Office of Economic Adjustment, Office of the Secretary of Defense, Washington, D.C.
Robert H. Freilich, Freilich & Popowitz LLP, Los Angeles
Graham C. Grady, K&L Gates LLP, Chicago
Wendie L. Kellington, Law Offices of Wendie L. Kellington, P.C., Lake Oswego, Oregon
George Lefcoe, Ervin and Florine Yoder Chair in Real Estate Law, Gould School of Law, University of Southern California, Los Angeles
Robert I. McMurry, Paul, Hastings, Janofsky & Walker, LLP, Los Angeles
Anita P. Miller, Attorney at Law, LLC, Albuquerque
Deborah M. Rosenthal, Sheppard Mullin Richter & Hampton LLP, Costa Mesa, California
Stephen C. Ross, County Attorney, Santa Fe
Patricia E. Salkin, Raymond and Ella Smith Distinguished Professor of Law, Associate Dean, and Director of the Government Law Center, Albany Law School, Albany, New York
Debra Z. Sydenham, Deputy Director, Office of P3 Initiatives, Arizona Department of Transportation, Phoenix
Julie A. Tappendorf, Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C., Chicago
Rufus C. Young, Jr., Burke, Williams & Sorensen, LLP, Los Angeles
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Program Schedule
WEDNESDAY, AUGUST 25, 2010
3:30 p.m. Early Registration and Networking Session
4:00 p.m. Head Start Program*
• Land Use Institute Overview
• The Basics of Land Planning and Development Regulation
• The Basics of Eminent Domain
• The Basics of Inverse Condemnation
6:00 p.m. Adjournment for the Day
THURSDAY, AUGUST 26, 2010
7:30 a.m. Registration and Continental Breakfast
8:25 a.m. Welcome and Announcements - ALI-ABA Staff
Webcast Segment A
8:30 a.m. Welcome and Course Overview
8:45 a.m. Update on Planning, Land Use, and Eminent Domain Decisions
10:15 a.m. Networking and Refreshment Break
10:30 a.m. Urban, Suburban, and Rural Sprawl and Sustainable Development, and is "Mega" Out and "Small" In?
12:00 p.m. Lunch Break and Women in Land Use Law Dutch Treat Lunch
Webcast Segment B
1:15 p.m. CONCURRENT SESSIONS
• Managing the Development Team*
• Update on the Taking Issue
• Land Use and Water Supply Concerns*
2:45 p.m. Networking and Refreshment Break
3:00 p.m. CONCURRENT SESSIONS
• Santa Fe County: Sustainable, Renewable and Green*
• Update on Public Private Partnerships (PPP)
• Update on Climate Change and Land Use*
4:15 p.m. Networking Break
4:30 p.m. Legacy Presentation: - (To be announced)
5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
FRIDAY, AUGUST 27, 2010
8:00 a.m. Continental Breakfast and Networking Session
Webcast Segment C
8:30 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision Making
10:15 a.m. Networking and Refreshment Break
10:30 a.m. The Entitlement Process: Case Studies of Multi-Jurisdictional Interaction
12:00 p.m. Lunch Break; Young Practitioners Dutch Treat Lunch
Webcast Segment D
1:15 p.m. 21st Century Practice Issues: What Every Land Use Lawyer Should Know about Social Networking Sites
2:45 p.m. Networking and Refreshment Break
3:00 p.m. CONCURRENT SESSIONS
• Update on Federal Facilities and Land Use Compatibility*
• "Green" Audits of Plans and Regulations
• Land Use Aspects of Medical Marijuana*
4:15 p.m. Networking Break
4:30 p.m. Annual Richard F. Babcock Faculty Keynote Address: Blight, TIFs, TODs, and the Next 100 Million Americans - Speaker: Professor George Lefcoe
5:30 p.m. Adjournment for the Day
SATURDAY, AUGUST 28, 2010
8:00 a.m. Continental Breakfast and Networking Session
Webcast Segment E
8:30 a.m. Professionalism Issues for the Land Use Practitioner and Government Lawyer Enhancing the image of land use professionals; counseling clients regarding alternative dispute options; balancing the duty to the client with the duty to the justice system
9:30 a.m. Ethical Considerations for the Land Use Practitioner and Government Lawyer Approaches to everyday ethical issues, including conflicts of interest, bias, and ex parte communications
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Solutions to Land Use Issues Posed by Environmental Constraints
12:15 p.m. Closing Comments and Adjournment
*Sessions not recorded or webcast
Approximate total 60-minute hours of instruction (including the Head Start Program): 19.5, including one hour of ethics and one hour of professionalism
Total 60-minute hours of instruction: 20 including 1 hour in ethics and 1 hour in professionalism
Suggested Prerequisite: Graduation from law school and practice experience with land use planning and law, or a graduate planning education and substantial experience with land use law
Educational Objective: Acquisition of knowledge and skills to improve proficiency as a practitioner
Level of Instruction: Intermediate
Here's what registrants have said about this course:
This is the best land use course out there. Every year, I learn so much that I take back to my practice. The speakers are outstanding and very knowledgeable.
This program is the premier land use law course in the country – and always addresses cutting edge issues. I have attended 5 ALI-ABA land use courses and the quality has been uniformly high. Having the opportunity to meet and network with the experts in this field is invaluable. Thank you!
The faculty is knowledgeable, experienced, and competent. After all these years, Gideon Kanner is as informative and entertaining as ever. In addition to explaining the subject matter and the applicable legal principles, it is also helpful when the faculty expresses its philosophy and perspective on the various subjects.
I enjoyed the course very much. My practice is mostly representation of developers. Every session I attended provided something of value for my practice. Thank you.
I found the program to be excellent and the faculty knowledgeable and prepared. Great program overall.
What you teach, and the advice we pass on, shape our communities. I will return.
The updates on new cases are always of great interest. I always enjoy the faculty’s frank statement of their positions and beliefs. I especially enjoy being able to talk over current problems or issues with the faculty members.
Excellent course. Thanks for the work. Program is great, materials are outstanding, networking is great –reception, breakfast opportunity, lunch, etc.
Excellent course – a tremendous amount of material, information in a short amount of time. Practical and cutting edge information on issues unfolding now. Lots of great ideas for diversifying practice when the economy challenges clients previously depended upon.
Times
All times are Mountain Daylight Time.
