Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation
Scope and Purpose
This annual course of study, comprising 20 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 Thomson 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 add humor and substance to the significant take-home value 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 covering both "hot topics" and updating traditional critical practice areas.
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 "One Judge's Perspective," presented in 1985 in Chicago at the conference on The Future of Zoning by Judge David W. Craig, of the Commonwealth Court of Pennsylvania. Judge Craig, who passed away this spring, wrote a book on Pennsylvania's building and zoning while a third year law student at the University of Pittsburgh, was chairman of the Pittsburgh Planning Commission, City Solicitor, and spent 16 years on the bench. He had a lifelong interest in land use planning and regulation, and was a teacher to both law students and appellate court judges across the United States.
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: "In Accordance with a Comprehensive Plan-Revisited"
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. Professor Charles M. Haar, Louis D. Brandeis Professor of Law Emeritus at Harvard Law School, discusses "In Accordance with a Comprehensive Plan," his 1955 Harvard Law Review article, and highlights changes that have occurred in the debate over the past 50+ years. Select faculty serve as a response panel to provide various perspectives critical to the practitioner.
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.
Dealing with Distressed Properties: Empty Strip Malls, "Fractured" Condominiums, and Foreclosed Homes
This panel reviews current successful programs and shares the experience gained to identify tools and techniques most likely to succeed in dealing with these problem properties from both a planning and a regulatory perspective.
Colossal Mistakes of Land Use Lawyers and Lessons Learned
This closing session examines many of the biggest mistakes made, and what the experience gained does to improve land use practice
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."
Why Attend?
Local government land use decisions affect economic development and quality of life. This program provides the "nuts and bolts" to help the private sector, citizens, and government balance competing demands and work toward better land use planning and regulatory decisions.
This outstanding program features:
• A preeminent faculty of practitioners and academics who provide nationwide perspective without losing sight of state specific issues
• Critical review and analysis of the most important new cases
• Analysis of the impact of the troubled real estate market on local land use decision making
• Outstanding networking opportunities, including lunches and a reception
Planning Chair
(also on faculty)
Frank Schnidman, Senior Fellow, Center for Urban and Environmental Solutions, Florida Atlantic University, Fort Lauderdale, Florida
Planning Co-Chair
(also on faculty)
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, Program Director, Federal Facilities, Environment, Energy and Natural Resources Division, National Governors Association Center for Best Practices, Washington, D.C.
John J. Delaney, Linowes and Blocher LLP, Bethesda, Maryland
Robert H. Freilich, Miller Barondess, LLP, Los Angeles
Graham C. Grady, Bell, Boyd & Lloyd LLP, Chicago
Charles M. Haar, Louis D. Brandeis Professor of Law, Emeritus, Harvard Law School, Cambridge, Massachusetts
Glenn T. Harrell, Jr., Judge, Court of Appeals of Maryland, Upper Marlboro, Maryland
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
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
Robert J. Sitkowski, Robinson & Cole LLP, Hartford, Connecticut
Julie A. Tappendorf, Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C., Chicago
Theodore C. Taub, Shumaker, Loop & Kendrick, LLP, Tampa
Rufus C. Young, Jr., Burke, Williams & Sorensen, LLP, Los Angeles
Program Schedule
Wednesday, August 13, 2008
3:30 p.m. Early Registration
4:00 p.m. Head Start Program* - Moderator: Mr. Schnidman; Judge Harrell; Dean Salkin; Mss. Albrecht and Boulris; and Messrs. Bauman, Grady, and Merriam
6:00 p.m. Adjournment for the Day
Thursday, August 14, 2008
8:00 a.m. Registration and Continental Breakfast
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; Dean Salkin; Professors Kanner and Mandelker; Messrs. Berger, Delaney, Freilich, and Young; and Ms. 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
Webcast Segment B
1:15 p.m. CONCURRENT SESSIONS
• Update on Master Planned Communities* - Professor Mandelker, Ms. Albrecht, and Mr. McMurry
• Preparing the Expert Witness in a Complex Land Use Case - Messrs. Abrams, Delaney, Sitkowski, and Taub
• The Basics of Eminent Domain* - Dean Salkin, Professor Kanner, and Ms. Boulris
2:45 p.m. Networking Break
3:00 p.m. CONCURRENT SESSIONS
• Preparing, Briefing, and Arguing an Appeal - Judge Harrell, Professor Kanner, and Messrs. Bauman, Berger, and Freilich
• History and Update on Affordable Housing* - Professors Haar and Mandelker and Mr. Delaney
• Case Studies of "Green Development"* - Ms. Butler and Messrs. Abrams, Grady, and Sitkowski
4:15 p.m. Networking Break
4:30 p.m. Legacy Presentation: "One Judge's Perspective" by Judge David W. Craig, Commonwealth Court of Pennsylvania, 1978-1994. Presentation recorded at The Future of Zoning Conference in Chicago, Illinois, October 26, 1985
Introduction and Commentary by Mr. Schnidman
5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty, Sponsored by West, a Thomson Reuters business
Friday, August 15, 2008
8:00 a.m. Continental Breakfast
Webcast Segment C
8:30 a.m. Growth Management in the 21st Century: Smart Growth, Sustainable Development, Green Development, and Sprawl - Moderator: Mr. Schnidman; Judge Harrell, Dean Salkin; Professor Kanner, and Messrs. Bauman, Freilich, Grady , and Young
10:30 a.m. Networking Break
10:45 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making - Moderator: Mr. Schnidman; Dean Salkin; Professor Mandelker; Mss. Albrecht, Butler, and Tappendorf; and Messrs. Bauman and Young
12:00 Noon Lunch Break
Webcast Segment D
1:15 p.m. CONCURRENT SESSIONS
• Wetlands Practice Pointers* - Ms. Albrecht and Mr. Bauman
• Regulating Climate Change - Messrs. Grady, Freilich, and McMurry and Ms. Tappendorf
• Regulating the Conversion of Mobile Home Parks*- Mr. Sitkowski
2:45 p.m. Networking Break
3:00 p.m. CONCURRENT SESSIONS
• Update on Federal Facilities and Land Use Compatibility* - Ms. Butler and Messrs. McMurry and Young
• Inverse Condemnation Practice Pointers - Messrs. Berger, Freilich, and Merriam
• Update on Economic Development and Redevelopment* - Ms. Boulris and Messrs. Schnidman and Taub
4:15 p.m. Networking Break
4:30 p.m. Annual Richard F. Babcock Faculty Keynote Address: "In Accordance with a Comprehensive Plan - Revisited" - Speaker: Professor Haar; Panel: Judge Harrell, Professor Mandelker, and Messrs. Delaney and Taub
5:30 p.m. Adjournment for the Day
Saturday, August 16, 2008
8:00 a.m. Continental Breakfast
Webcast Segment E
8:30 a.m. Ethical Considerations for the Land Use Practitioner and Government Lawyer - Moderator: Mr. Delaney; Dean Salkin and Mr. Grady; Response Panel: selected Land Use Institute registrants
10:30 a.m. Networking Break
10:45 a.m. Dealing with Distressed Properties: Empty Strip Malls, "Fractured" Condominiums, and Foreclosed Homes - Moderator: Mr. Schnidman; Messrs. Merriam and Taub and Ms. Tappendorf
12:00 noon Colossal Mistakes of Land Use Lawyers and Lessons Learned - Moderator: Mr. Schnidman; Messrs. McMurry and Merriam
12:30 p.m. Closing Comments and Adjournment
*Sessions not recorded or webcast
Total 60-minute hours of instruction: (including the Head Start Program): 20, including two hours of ethics
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
Here's what registrants have said about this course:
"This was my first ALI-ABA eminent domain seminar. I found it to be one of the most informative seminars I have attended and definitely hope to attend again next year."
Nicole Castillo, Neal & Leroy LLC
"Good city, good facility, good time, good course. See you next year in Boston."
"This course is the best land use program in the country. Your faculty is experienced, articulate, and approachable. The knowledge of each subject is really exceptional."
"The course this year was the best ever. The materials are the best that they have ever been. Presentations were tight, well thought out in advance, and uniformly on time - exceptional! What outstanding, cutting edge topics - particularly the climate change and transportation topics."
Glenn Price
"This was an excellent course for the seasoned land use practitioner. Timely topics, well presented with spirited exchanges."
"The quality, dedication, and preparation of the faculty make the program so beneficial."
