Land Use Institute:
Planning, Regulation, Litigation, Eminent Domain, and Compensation
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
This 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
SCOPE AND PURPOSE
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. Now in its 25th year, the Land Use Institute has earned its role as the most comprehensive land use continuing education program available. Special features of this year's Institute include:
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 assists participants follow the lectures and provides a valuable stand-alone resource that many use as an annual desk book on current land use issues.
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 participant questions and faculty discussion.
Reflections on Growth Management, Smart Growth, and Sustainable Development
Setting the stage for the Program’s presentations, selected faculty will review past, present and future efforts to manage growth and development and comment on their effectiveness.
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 of both "hot topics" and traditional critical practice areas. Faculty members summarize their prepared materials, overview key aspects of the topic, and provide time for participants to join in the discussion. Topics this year include (subject to change): Affordable Housing: Once Permitted, How is it Financed?; Update on Transferable Development Rights, Negotiate Rather than Litigate; Update on Government “Green” Requirements; Transportation and the Land Use Connection; Land Use Issues with Wind and Solar Power Generation; Update on Impact Fees, Development Agreements, and Vested Rights; Update on Federal Facilities and Land Use Compatibility; and Public-Private Partnerships.
21st Century Practice Issues.
The practice of land use law now requires a detailed knowledge of issues, tools and techniques in addition to site plans, aerial photographs, and the use of e-mail. This panel covers numerous critical areas, including innovative demonstrative evidence techniques, electronically stored data, “blogging,” and making the best use of computer information
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 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. Faculty member Stanley Abrams has been selected as the 2009 Faculty Keynote Speaker. His topic is “Impossible, Improbable Standards Proposed by the Courts.”
Dealing with Foreclosed Properties: Land Use Opportunities
This panel reviews current successful programs and shares experience gained to identify tools and techniques most likely to succeed in efforts by both the private sector and government to put foreclosed properties back into productive use
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 confronting attorneys and planners that present ethics and professionalism issues.
Networking Opportunities
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 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." In honor the Land Use Institute Silver Anniversary, Co-Chairs Frank Schnidman and Gideon Kanner on Friday will host a lunch for those who have attended the Land Use Institute for 10 years or more.
Planning Chairs
Gideon Kanner, , Burbank, California
Frank Schnidman, Director, Center for Urban Redevelopment Education (CURE), School of Urban and Regional Planning, Florida Atlantic University, Fort Lauderdale, Florida
Faculty
Stanley D. Abrams, Abrams & West, PC, Bethesda, Maryland
Virginia S. Albrecht, Hunton & Williams LLP, Washington, D.C.
Cecily Talbert Barclay, Bingham McCutchen LLP, San Francisco
Gus B. Bauman, Beveridge & Diamond, PC, Washington, D.C.
Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles
Amy Brigham Boulris, Brigham Moore LLP, Miami
James Carras, Principal, Carras Community Investment, Inc., Fort Lauderdale, Florida
Robert H. Freilich, Freilich & Popowitz LLP, Los Angeles
Graham C. Grady, K&L Gates LLP,
Glenn T. Harrell, Jr., Judge, 4th Appellate Circuit, Court of Appeals of Maryland, Upper Marlboro, Maryland
Wendie L. Kellington, Law Offices of Wendie L. Kellington, PC, Lake Oswego, Oregon
Robert I. McMurry, Paul, Hastings, Janofsky & Walker, LLP, Los Angeles
Deborah M. Rosenthal, Sheppard Mullin Richter & Hampton LLP, Costa Mesa, California
Patricia E. Salkin, Raymond and Ella Smith Distinguished Professor of Law, Associate Dean and Director, Government Law Center, Albany Law School, Albany, New York
Robert J. Sitkowski, West 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, San Diego
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Program Schedule
WEDNESDAY, AUGUST 26, 2009
3:30 p.m. Early Registration
4:00 p.m. Head Start Program*
6:00 p.m. Adjournment for the Day
THURSDAY, AUGUST 27, 2009
8:00 a.m. Registration and Continental Breakfast
Webcast Segment A
8:30 a.m. Welcome and Course Overview - Mr. Schnidman
8:45 a.m. Update on Planning, Land Use, and Eminent Domain Decisions
10:15 a.m. Networking Break
10:30 a.m. Reflections on Growth Management, Smart Growth and Sustainable Development
12:00 noon Lunch Break and Women in Land Use Law Dutch Treat Lunch
Webcast Segment B
1:15 p.m. CONCURRENT SESSIONS
• Update on the Land Use and Transportation
• Nonconforming Uses—Amortization, Enlargement and Rebuilding*
• The Basics of Eminent Domain*
2:45 p.m. Networking Break
3:00 p.m. CONCURRENT SESSIONS
• Negotiate Rather than Litigate*
• Affordable Housing: Once Permitted, How is it Financed?*
• Update on Government “Green” Requirements
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 28, 2009
8:00 a.m. Continental Breakfast
Webcast Segment C
8:30 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision Making
10:15 a.m. Networking Break
10:30 a.m. 21st Century Practice Issues: Discovery, Demonstrative Evidence, Creating the Record, and Blogging
12:00 noon Lunch Break, Young Practitioners' Dutch Treat Lunch, and Lunch for Ten-Year Registrants
Webcast Segment D
1:00 p.m. CONCURRENT SESSIONS
• Wetlands Practice Pointers*
• Renewable Energy and Land Use Regulation (Wind, Solar, etc.)*
• Update on Impact Fees, Vested Rights and Development Agreements
2:30 p.m. Networking Break
2:45 p.m. CONCURRENT SESSIONS
• Update on Federal Facilities and Land Use Compatibility*
• Update on Transferable Development Rights (TDRs)
• Update on Public Private Partnerships (PPP)*
4:00 p.m. Networking Break
4:15 p.m. Annual Richard F. Babcock Faculty Keynote Address: ”Impossible, Implausible Standards Imposed by the Courts”
Speaker: Stanley D. Abrams
5:15 p.m. Adjournment for the Day
SATURDAY, AUGUST 29, 2009
8:00 a.m. Continental Breakfast
Webcast Segment E
8:30 a.m. Dealing with Foreclosed Properties: Land Use
10:00 a.m. Networking Break
10:15 a.m. Ethical Considerations for the Land Use Practitioner and Government Lawyer
12:15 p.m. Closing Comments and Adjournment
*Sessions not recorded or webcast.
Total 60-minute hours of instruction (including the Head Start Program): 19.5, including two hours of ethics
Total 60-minute hours of instruction: (including Head Start program): 16, 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
Level of Instruction: Intermediate
Here's what registrants have said about this course:
“Faculty very knowledgeable — best land use course in the country!”
“Great course! The course is the singular, not-to-miss course in land use law. Really enjoyed/valued friendliness/availability/approachability of faculty.”
“This course was very informative and enjoyable. I thoroughly enjoyed the course and will come again.”
“Thank you to Mr. Kanner and to all of the faculty. I had an overall great experience.”
“Overall — great program!”
“Again, both timely and comprehensive. A one-stop seminar to educate on the latest developments in land use law.”
“Course is excellent.”
“I found the folks attending the conference to be the most valuable resource. Fantastic networking opportunity with the most welcoming legal professionals I’ve met thus far in my entire, albeit young, legal career.”
“A great program, with a great group that brings tough (and all too often, very dry) subjects to life. I and my township will benefit greatly from the information I’m taking back.”
