Land Use Institute
Scope and Purpose
This annual course of study, comprising 17 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
* 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 concurrent sessions that allow for detailed analysis.
* Legacy Presentation. As a result of registrant suggestions, an annual feature of the Institute is now a video of a significant presentation by a now-deceased land use "superstar." This year’s presentation is "The Egregious Invalidity of the Single-Family Zone," presented in 1984 by Richard F. Babcock, a partner in the former Chicago law firm of Ross & Hardies. A member of the faculty introduces the presentation and moderates the post-showing discussion.
* Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making
* 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 the faculty selects a member to present a major address on a topic of substantial current interest. Theodore Taub delivers the Address this year – "Reflections on Four Decades Serving as a Part-Time City Attorney." In addition to discussing land use practice and his experience as a part-time city attorney, Mr. Taub provides practice pointers and suggestions for effective representation.
* 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.
* Update on Kelo v. City of New London. This session considers why this case may become the most important property rights case ever decided, and looks at what Congress and state legislatures have been doing in response to the decision.
* The Best of ZPLR Awards Over the Last Decade. 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 panel provides participants with a decade’s worth of interesting and amusing cases that will add humor to their lives in addition to the significant substantive take-home value of the balance of the program.
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. In 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
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 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.
W. Paul Farmer, Executive Director, American PLANNING Association, Chicago
Graham C. Grady, Bell, Boyd & Lloyd LLC, Chicago
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
Burton F. Natarus, Alderman, Chicago
Deborah M. Rosenthal, Cox, Castle & Nicholson LLP, Irvine, California
Patricia E. Salkin, Associate Dean, Professor, and Director, Government Law Center, Albany Law School, Union University, 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, San Diego
Program Schedule
Thursday, August 17, 2006
- 8:00 a.m. Registration and Continental Breakfast
- 8:45 a.m. Welcome and Course Overview – Mr. Schnidman and Alderman Natarus
- 9:00 a.m. Update on Planning, Land Use, and Eminent Domain Decisions – Moderator: Mr. Schnidman; Speakers: Messrs. Berger, Delaney, Desiderio, and Young; Professors Kanner and Mandelker; and Mss. Rosenthal and Tappendorf
- 10:15 a.m. Networking Break
- 10:30 a.m. Update on Planning, Land Use, and Eminent Domain Decisions (continued)
- 12:00 noon Lunch Break
- 1:15 p.m. Concurrent Sessions
- * The U.S. Supreme Court’s 2006 Wetlands Cases – Ms. Albrecht and Messrs. Bauman and Desiderio
- * Update on Affordable Housing – Messrs. Delaney and Sitkowski and Mss. Rosenthal and Talbert
- * Update on "Green Development": Drafting Plans and Regulations To Produce Environmentally Friendly Projects – Messrs. Grady, McMurry, and Taub
- 2:45 p.m. Networking Break
- 3:00 p.m. Concurrent Sessions
- * Regulating Housing: Architectural Guidelines, Design Review, New Urbanism, and Mixed-Use Developments – Messrs. Abrams, Grady, and Sitkowski and Ms. Tappendorf
- * Chief Justice Rehnquist and the Law of Takings – Messrs. Bauman and Berger, Professor Kanner, and Ms. Rosenthal
- * Update on Federal Facilities and Land Use Compatibility – Mss. Butler and Talbert and Messrs. McMurry and Young
- 4:15 p.m. Networking Break
- 4:30 p.m. Legacy Presentation: "The Egregious Invalidity of the Single-Family Zone" by Richard F. Babcock, recorded June 1984 – Introduction and Commentary by Mr. Schnidman
- 5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
Friday, August 18, 2006
- 8:00 a.m. Continental Breakfast
- 8:30 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making – Moderator: Mr. Schnidman; Speakers: Mss. Albrecht, Butler, and Rosenthal; Messrs. Desiderio, Mandelker, and Young; and Dean Salkin
- Air Quality, Disaster Mitigation, Endangered Species, Environmental Justice, Hazardous Materials, Historic Preservation, NEPA, Religious Land Use, and Wetlands
- 10:30 a.m. Networking Break
- 10:45 a.m. Annual Richard F. Babcock Faculty Keynote Address: "Reflections on Four Decades Serving as a Part-Time City Attorney" – Mr. Taub, Introduced by Alderman Natarus
- 12:00 noon Lunch Break
- 1:30 p.m. Concurrent Sessions
- * Permitting the Master-Planned Community – Messrs. Abrams, Mandelker, and Merriam and Ms. Talbert
- * Property Rights and Activity Like Oregon’s Measure 37 – Mr. Berger and Dean Salkin
- * Development and Annexation Agreements – Messrs. Abrams and Delaney and Mss. Talbert and Tappendorf
- 2:45 p.m. Networking Break
- 3:00 p.m. Concurrent Sessions
- * Update on Litigation: Choice of Forum – Federal or State? – Messrs. Bauman and Mandelker
- * Modernizing Your Zoning Ordinance To Regulate Home-Based Businesses – Messrs. Farmer and Merriam and Ms. Tappendorf
- * The Basics of Eminent Domain – Ms. Boulris and Professor Kanner
- 4:45 p.m. Adjournment for the Day
Saturday, August 19, 2006
- 8:00 a.m. Continental Breakfast
- 8:30 a.m. Ethical Considerations for the Land Use Practitioner and Government Lawyer – Moderator: Mr. Delaney; Speakers: Mr. Farmer and Dean Salkin; Response Panel: selected Land Use Institute registrants
- 10:30 a.m. Networking Break
- 10:45 a.m. Update on Kelo v. City of New London and the Use of Eminent Domain for Economic Development and Redevelopment – Moderator: Mr. Schnidman; Speakers: Ms. Boulris, Mr. Farmer, Professor Kanner, and Dean Salkin
- 12:00 noon. The Best of the Zoning and Planning Law Report’s Land Use Decision Awards Over the Last Decade – Moderator: Mr. Schnidman; Speakers: Messrs. McMurry and Merriam
- 12:30 p.m. Closing Comments and Adjournment
Total 60-minute hours of instruction: 17, 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 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.
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.
The course was outstanding—the materials and the speakers were very well prepared. It was well worth the time and expense.
The course presents an extraordinary opportunity to discuss land use issues with scholars and practitioners at the forefront of the law. It is inspiring.
All the presentations really hit home and addressed real issues.
As usual, an unequaled opportunity to rub shoulders with the leaders in the arena—thanks for presenting excellent programs.
An excellent program—informative, well organized, good speakers, approachable panelists and participants. Good group, friendly, had fun (unheard of at a CLE!).
