Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation
Why Attend?
Attend this Institute and you will receive:
Valuable and comprehensive course materials
The ability to choose among concurrent sessions covering topics that are relevant to you
Access to the course archive online
Continued access to a diverse and dynamic faculty with a breadth of experience at the federal, state, and local levels
Land use updates throughout the year
Networking value that will survive the Institute
What You Will Learn
This annual course of study, comprising more than 19 hours of instruction, including two hours of ethics, is designed to provide an effective and efficient review of current issues in land use for attorneys, planners, public officials, developers, and academics. Special features of this year’s Institute include:
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.
The ZiPLeR Land Use Decision Awards
Each year Thompson West’s Zoning and Planning Law Report publishes its “Land Use Decision Awards,” recognizing the more unusual and sometimes important land use decisions. This presentation provides registrants with interesting and amusing cases that adds humor to their lives in addition to the significant substantive take-home value of the balance of the program.
Concurrent Sessions
In response to registrants’ requests for the opportunity to examine current issues in greater detail in a small group setting, each afternoon consists of two sets of three concurrent sessions that allow for detailed analysis.
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 is “Successful Land Development: Practices, Policies, and Strategies,” presented in 1986 at the World Congress on Land Policy in London, England, by Sir Desmond Heap, Comptroller and City Solicitor to the Corporation of London, 1947-1973. Among his accomplishments were selling old London Bridge for $1.8 million to the developers of Lake Havasu City in Arizona, the acquisition following WWII of half of the City of London for redevelopment, and authoring the leading books covering English planning law.
Climate Change and the Role of the Local Land Use Attorney
More that 30 cases have now been filed in federal and state courts against both private parties and government, premised on the need to consider the greenhouse gas impacts of plans or development and the resulting effect on the Earth’s climate. This session examines the likely effect of the April U.S. Supreme Court decision in Massachusetts v. EPA, discusses the evolving case law, and provides detailed practice pointers.
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 session presents major current issues as they relate to environmental protection and real estate development at the local level. Among the topics to be discussed are: Air Quality, Disaster Mitigation, Endangered Species, Environmental Justice, Hazardous Materials, Historic Preservation, NEPA, Religious Land Use, and Wetlands
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 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. The Honorable Glenn T. Harrell, Jr., of the Court of Appealsof Maryland delivers the Address this year – “A Judge’s Perspective on Land Use Litigation.”
Ethical Considerations for the Land Use Practitioner and Governmental Lawyer
This two-hour-long panel examines problems of conflict of interest, bias, and ex parte communication, as well as other situations that attorneys and planners may have to confront.
Making Affordable Housing Work
This panel reviews current successful programs to provide housing for the lower end of the market and shares the experience gained to identify tools and techniques most likely to succeed in producing needed housing units.
Consistency of Zoning with the Comprehensive Plan
This basic rule of land use practice is evolving as more and more flexible and discretionary approaches are considered. This session considers the past, present, and future of the relationship of zoning with the comprehensive plan.
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. Continuing the tradition of expanded networking opportunities, a Dutch-Treat “Women in Land Use” luncheon will be held on Thursday, and a Dutch Treat luncheon will be organized on Friday for “Young Practitioners in Land Use.”
Planning Chairs
(Also on faculty)
Frank Schnidman, Senior Fellow, Center for Urban and Environmental Solutions, Florida Atlantic University, Fort Lauderdale, Florida
Gideon Kanner, Manatt, Phelps & Phillips, LLP, Los Angeles; Professor Emeritus, Loyola Law School
Faculty
Stanley D. Abrams, Abrams & West, P.C., Bethesda, Maryland
Virginia S. Albrecht, Hunton & Williams LLP, Washington, D.C.
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, Senior Policy Analyst, Environment, Energy & Natural Resources Division, National Governors Association, Washington, D.C.
John J. Delaney, Linowes and Blocher LLP, Bethesda, Maryland
Duane J. Desiderio, Staff Vice President, Legal Affairs, National Association of Home Builders, Washington, D.C.
Graham C. Grady, Bell, Boyd & Lloyd LLP, Chicago
Glenn T. Harrell, Jr., Judge, Court of Appeals of Maryland, Upper Marlboro
Wendie L. Kellington, Lake Oswego, Oregon
Daniel R. Mandelker, Howard A. Stamper Professor of Law, Washington University School of Law, St. Louis
Robert I. McMurry, Paul, Hastings, Janofsky & Walker LLP, Los Angeles
Dwight H. Merriam, Robinson & Cole LLP, Hartford, Connecticut
Deborah M. Rosenthal, Bingham McCutchen LLP, Costa Mesa, California
Patricia E. Salkin, Associate Dean, Professor, and Director, Government Law Center, Albany Law School, Albany, New York
Robert J. Sitkowski, Robinson & Cole LLP, Hartford, Connecticut
Cecily T. Talbert, Bingham McCutchen LLP, Walnut Creek, California
Julie A. Tappendorf, Holland & Knight LLP, Chicago
Theodore C. Taub, Shumaker, Loop & Kendrick, LLP, Tampa
Rufus C. Young, Jr., Burke, Williams & Sorensen, LLP, Los Angeles
ALI-ABA Staff Attorney: Kevin J. O’Connor, Senior Assistant Director, Office of Courses of Study
New Clean Water Act Guidance Post - Rapanos & Carabell explained by EPA & Army Corps Staff
Are you or your clients involved in developing land, water, infrastructure, farming, mining, or timber operations?
Sign up today for ALI-ABA’s interactive teleseminar/audio webcast. Friday, June 29, 90 minutes
Program Schedule
New Head Start Program on Wednesday, August 15, from 4 to 6 p.m.
In response to registrants’ requests after a very successful inaugural session in 2006, selected Land Use Institute faculty members offer a two-hour introductory session from 4 to 6 p.m. on Wednesday, August 15, at no additional charge. The program will:
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 in selected presentations
Time also is provided for questions and answers.
WEDNESDAY, AUGUST 15, 2007
3:30 p.m. Early Registration
4:00 p.m. Head Start Program (not recorded or webcast) – Moderator: Mr. Schnidman; Messrs. Bauman, Grady, and Merriam and Mss. Boulris and Kellington
6:00 p.m. Adjournment for the Day
THURSDAY, AUGUST 16, 2007
8:00 a.m. Registration and Continental Breakfast
Video Webcast Segment A
8:45 a.m. Welcome and Course Overview – Mr. Schnidman
9:00 a.m. Update on Planning, Land Use, and Eminent Domain Decisions – Moderator: Mr. Merriam; Messrs. Berger, Delaney, and Desiderio; Professors Kanner and Mandelker; and Mss. Kellington, Rosenthal, and Tappendorf
10:15 a.m. Networking Break
10:30 a.m. Update on Planning, Land Use, and Eminent Domain Decisions (continued)
11:30 a.m. Worthy of Mention: The Land Use Decision Awards of Zoning and Planning Law Report – Mr. Merriam
12:00 noon Lunch Break
Video Webcast Segment B
1:15 p.m. CONCURRENT SESSIONS
Update on Master Planned Communities (not recorded or webcast) – Professor Mandelker, Mr. McMurry, and Ms. Talbert
Update on Form-Based Land Development Regulations – Messrs. Abrams, Sitkowski, and Taub
The Basics of Eminent Domain (not recorded or webcast) – Ms. Boulris and Professor Kanner
2:45 p.m. Networking Break
3:00 p.m. CONCURRENT SESSIONS
Teardowns and "Mansionization" - Messrs. Delaney and Merriam and Ms. Tappendorf
Update on Traffic Mitigation Measures (not recorded or webcast) - Messrs. Abrams, McMurry, and Sitkowski
Update on Kelo v. City of New London and the Use of Eminent Domain for Economic Development and Redevelopment (not recorded or webcast) - Ms. Boulris and Mr. Taub
4:15 p.m. Networking Break
4:30 p.m. Legacy Presentation: “Successful Land Development: Practices, Policies, and Strategies,” by Sir Desmond Heap, Comptroller and City Solicitor to the Corporation of London, 1947-1973. Keynote dinner speech recorded at the World Congress on Land Policy, London, England, July 10, 1986 - Introduction and Commentary by Mr. Schnidman
5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty, Sponsored by Thompson West
Thomson West is proud to sponsor the 2007 ALI-ABA Land Use Institute reception. Thomson West, the industry leader in legal research, offers numerous sources for the practice of land use and real property law.
FRIDAY, AUGUST 17, 2007
8:00 a.m. Continental Breakfast
Video Webcast Segment C
8:30 a.m. Climate Change and the Role of the Local Land Use Attorney – Moderator: Mr. Schnidman; Ms. Kellington and Messrs. Bauman, Delaney, Desiderio, Grady, McMurry, and Sitkowski
10:30 a.m. Networking Break
10:45 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making – Moderator: Mr. Schnidman; Mss. Albrecht, Butler, Kellington, and Rosenthal; Messrs. Bauman, Desiderio, and Young; Professor Mandelker; and Dean Salkin
12:15 p.m. Lunch Break
Video Webcast Segment D
1:30 p.m. CONCURRENT SESSIONS
Wetlands Practice Pointers (not recorded or webcast) – Ms. Albrecht and Messrs. Bauman and Desiderio
Religious Land Use and Institutionalized Persons Act (RLUIPA) Practice Pointers (not recorded or webcast) – Mss. Kellington and Tappendorf, Mr. Merriam, and Dean Salkin
Case Studies of “Green Development”– Messrs. Abrams and Grady and Mss. Butler and Talbert
2:45 p.m. Networking Break
3:00 p.m. CONCURRENT SESSIONS
Update on Federal Facilities and Land Use Compatibility (not recorded or webcast) – Mss. Butler and Talbert and Messrs. McMurry and Young
Inverse Condemnation Practice Pointers – Ms. Albrecht and Messrs. Berger and Merriam
Community Benefits Agreements (not recorded or webcast) – Professor Mandelker, Mss. Rosenthal and Tappendorf, and Dean Salkin
4:15 p.m. Networking Break
4:30 p.m. Annual Richard F. Babcock Faculty Keynote Address “A Judge’s Perspective on Land Use Litigation” – The Honorable Glenn T. Harrell, Jr., Judge, Court of Appeals of Maryland; introduced by Professor Gideon Kanner
5:30 p.m. Adjournment for the Day
SATURDAY, AUGUST 18, 2007
8:00 a.m. Continental Breakfast
Video Webcast Segment E
8:30 a.m. Ethical Considerations for the Land Use Practitioner and Government Lawyer– Moderator: Mr. Delaney; Mr. Grady and Dean Salkin; Response Panel: selected Land Use Institute registrants
10:30 a.m. Networking Break
10:45 a.m. Making Affordable Housing Work – Moderator: Mr. Schnidman; Mr. Delaney, Professor Kanner, and Mss. Talbert and Tappendorf
12:00 noon Consistency of Zoning with the Comprehensive Plan – Moderator: Mr. Schnidman; Messrs. McMurry and Merriam
12:30 p.m. Closing Comments and Adjournment
Total 60-minute hours of instruction: (including the Head Start Program)19.5, including two hours of ethics
Suggested Prerequisite: (Suggested) 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
Here's what registrants have said about this course:
You have a ‘dream team’ of panelists, have organized it well, and have certainly updated my knowledge of recent developments.
This course is excellent. I learned so many new legal skills and the current developments and cases are very helpful. ALI-ABA didn’t miss an issue! I will definitely attend again.
Enjoyed the panel presentations. Found presenters’ answering of questions to be enlightened and helpful. Found the faculty to be of the highest quality and to be true ladies and gentlemen. I attend this seminar every couple of years or so and therefore find the updates very beneficial.
This was another rich experience at the Land Use Institute.
Excellent seminar—I’ve been to 10-12 ALI-ABA seminars and this was as good as any!! The practical components are very helpful…and most beneficial for the private practitioner.
This was a great conference, with terrific materials. This is my first ALI-ABA conference, but I will definitely be back next year.
This is one of the best ALI-ABA real estate related panels I have seen over the past 15-20 years. I am convinced that ‘teaching’ lawyers as opposed to ‘private practice’ lawyers do a far better job of putting on this type of program. I really enjoyed it and look forward to coming back.
