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October 02, 2017

32nd Annual Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation

Thursday and Friday, April 19–20, 2018

(LOCATION TO BE DETERMINED) (Walking Distance from the) Westin Book Cadillac Hotel 1114 Washington Boulevard • Detroit, Michigan 48226

WHY ATTEND

Local government land use decisions affect economic development and quality of life. They can also create major challenges to efforts by property owners to develop and use their property, as well as to residents as they cope with growth and change.

This Annual Land Use Institute program is designed for attorneys, professional planners, and government officials involved in land use planning, zoning, permitting, property development, conservation and environmental protection, 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:

  • 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;
  • practice-oriented discussion of basics and “hot” topics;
  • guidance on routine and complex procedural issues; and
  • outstanding networking opportunities, including continental breakfast, breaks, and a reception for registrants and faculty.

This course is an investment in your practice, in your career, 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

This course of study, comprising 11.5 hours of instruction including 2 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 32nd year, the Land Use Institute has earned its role as one of the most comprehensive land use continuing education program available.

The Land Use Institute is now sponsored by the ABA’s Section of State & Local Government Law.

Special features of the 2018 Land Use Institute include:

Update on Planning, Land Use, and Eminent Domain Decisions

The year’s course begins with a Thursday afternoon panel 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. Subject areas where cases will be addressed (subject to change) include: Affordable Housing, Agricultural Land, Comprehensive Planning, Development Agreements, Eminent Domain, Environmental Justice, Exactions, First Amendment, Group Homes/Sober Homes, Historic Preservation, Impact Fees, Moratoria, Non-Conforming Uses, Procedural and Jurisdictional Issues, Public Trust Doctrine, Takings, Transmission Lines, Variances, Vested Rights, and Wetlands.

Ethical and Professionalism Considerations for the Land Use Practitioner and Government Lawyer

The Thursday afternoon session will conclude with 2 hours of ethics and professionalism instruction. The session will be an update of key issues facing practitioners.

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 policies and programs. This Friday morning session presents major current issues as they relate to environmental protection and real estate development at the local level, including the roll-back of regulations in selected programs.

Among the topics to be discussed in detail (subject to change) are: Climate Change/Sea Level Rise, Drones, Endangered Species, Energy, Environmental Justice, Hazardous Materials, Historic Preservation, Native American Cultural Resource Issues, NEPA, Religious Land Use, Utility Transmission Lines, Water, and Wetlands.

Annual Richard F. Babcock Faculty Keynote Address

Richard F. Babcock was one of the 20th century’s greatest land use attorneys, and the first Chair of the predecessor to the Land Use Institute. In his honor, each year a selected faculty member presents a major address on a topic of substantial current interest. Included in this session is a response panel and the opportunity to address participant questions.

Hot Topic Concurrent Sessions

In response to registrants’ requests for the opportunity to examine current issues in greater detail, Friday afternoon there are two sets of concurrent sessions and a plenary final session to provide a 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 ample time for participants’ questions.

Topics this year (subject to change) include:

Concurrent Session One

  • Nuts and Bolts of Land Use Practice: Eminent Domain, Vested Rights and Regulatory Takings: Where Are We Now?
  • Public Private Partnerships
  • Climate Change and Resilient Development

Concurrent Session Two

  • Nuts and Bolts of Land Use Practice: Client Representation—Developer, Government, and Citizen Groups
  • Regulating Navigable Airspace: The Drones Are Here
  • Housing Supply and Affordability: Planning Alternatives and Legal Consequences

Then, the final plenary session will review “The Land Use Issues Impacting the Fall and Rise of Downtown Detroit.” Key players in this drama will discuss the causes and concerns then and now, and a Response Panel will engage the presenters, and all will respond to audience Q&A.

Time is set aside throughout the program for faculty interaction and to address written questions submitted by registrants, both in advance of and during the program. Continuing the tradition of expanded networking opportunities, there will be morning and afternoon breaks, a Thursday post-Program local tour option, a Friday continental breakfast, a Friday Women in the Law Luncheon Session and a Young Practitioners Luncheon Session, and a reception for registrants and faculty following the Program on Friday, held jointly with the ABA Section of State and Local Government Law Meeting participants and other co-sponsor organizations.

Faculty

There will be a distinguished panel of diverse national faculty, led by:

Planning Chair

Frank Schnidman, former Distinguished Professor of Urban and Regional Planning, and former John M. DeGrove Eminent Scholar Chair, Florida Atlantic University, Boca Raton, FL

Planning Co-Chair

Patricia E. Salkin, Provost for the Graduate and Professional Division, Touro College, New York, NY

PROGRAM

(All times are Eastern Standard Time)

Thursday, April 19, 2018

1:00 p.m. Registration

1:30 p.m. Welcome: Course Overview

2:00 p.m. Update on Planning, Land Use, and Eminent Domain Decisions

3:45 p.m. Networking and Refreshment Break

4:00 a.m. Ethical and Professionalism Considerations for the Land Use Practitioner and Government Lawyer

6:00 p.m. Adjourn for the Day

6:30 p.m. Tour

Friday, April 20, 2018

8:00 a.m. Continental Breakfast

8:30 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision Making

10:30 a.m. Networking Break

10:45 a.m. Annual Richard F. Babcock Faculty Keynote Address

12:00 noon Lunch Break (Sponsored On-Site Box Lunch)

• Women in the Law Luncheon Session

• Young Practitioners Luncheon Session

1:00 p.m. CONCURRENT HOT TOPICS SESSIONS

• Nuts and Bolts of Land Use Practice: Eminent Domain, Vested Rights and Regulatory Takings: Where Are We Now

• Public Private

• Climate Change and Resilient Development

2:30 p.m. Networking and Refreshment Break

2:45 p.m. CONCURRENT HOT TOPICS SESSIONS

• Nuts and Bolts of Land Use Practice: Client Representation—Developer, Government and Citizen Groups

• Regulating Navigable Airspace: The Drones Are Here

• Housing Supply and Affordability—Planning Alternatives and Legal

4:15 p.m. Networking Break

4:30 p.m. The Land Use Issues Impacting the Fall and Rise of Downtown Detroit

6:00 p.m. Adjournment

6:30 p.m. Networking Reception (held with the ABA Section of Sate and Local Government Law, and other Co-Sponsors for the Friday post-Program Reception.)