Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation - CLE, Continuing Legal Education - ALI
Land Use Institute:
Planning, Regulation, Litigation, Eminent Domain, and Compensation
  • 27th Annual ALI-ABA Course of Study/Live Video Webcast
    Cosponsored by The Center for Urban Redevelopment Education (CURE), School of Urban and Regional Planning, Florida Atlantic University
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Available Online: | Coursebook

Why You Should 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 their properties.

This program is designed for attorneys, professional planners, and government officials involved in land use planning, zoning, permitting, property development, 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 acclaimed 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
   •  Practice-oriented discussion of basic and “hot” topics
   •  Guidance on routine and complex procedural issues; and
   •  Outstanding networking opportunities, including breakfasts, breaks, and a reception for registrants and faculty.

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.

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What You Will Learn

This annual course of study, comprising more than 16 hours of instruction, including one hour 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 27th 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:

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. This effort annually produces a volume of materials that assists registrants in following the lectures and provides a valuable stand-alone resource that many use as an annual update “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 afternoon 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, eminent domain, and inverse condemnation. In addition, they 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 is provided for questions and answers.

Update on Planning, Land Use, and Eminent Domain Decisions

This year’s course begins with a full Thursday morning 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: Adequate Public Facilities; Affordable Housing; Agricultural Land Preservation; Airport Expansion; Americans With Disabilities Act; Climate Change; Comprehensive Planning; Conditional Uses; Development Agreements; Eminent Domain; Energy Generation; Exactions; Exhaustion of Administrative Remedies; First Amendment; Foreclosure and Eviction; Historic Preservation; Impact Fees; Initiative and Referenda; Moratoria; Non-Conforming Uses; Procedural and Jurisdictional Issues; Special Exceptions; Takings; Telecommunications; Variances; Vested Rights; Water; and Zoning.

Time is provided for registrants’ questions and faculty discussion.

Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making

The Thursday afternoon session this year addresses the continuing federal government encroachment upon local government decision-making through a variety of policies and 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 (subject to change) are: Air Quality; Climate Change; Endangered Species; Energy; Environmental Justice; Federal Facilities; Hazardous Materials; Historic Preservation; NEPA; Religious Land Use; Residential Foreclosure; Storm Water, Floodplains, and FEMA; Telecommunications; and Wetlands.

Ethical Considerations for the Land Use Practitioner and Governmental Lawyer

This one-hour panel examines problems of conflict of interest, bias, and ex parte communications, as well as other situations that attorneys and planners may have to confront that relate to ethics and professionalism.

Concurrent Sessions

In response to registrants’ requests for the opportunity to examine current issues in greater detail in a small group setting, the second day of the program offers morning and afternoon concurrent sessions that allow for 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 time for registrants to join in the discussion. Topics this year (subject to change) include:
   •  The Basics of Eminent Domain;
   •  Quasi-Judicial Hearings and Ex Parte Communication;
   •  Regulating Small-Scale Urban Agriculture;
   •  Permitting Mixed-Use Development;
   •  Hiring and Preparing the Expert Witness;
   •  Government “Green” Requirements;
   •  Senior Housing;
   •  Litigating Takings Claims;
   •  Water and Land Use Planning and Regulation;
   •  Government Facilities and Land Use Compatibility;
   •  Demonstrative Evidence; and
   •  Regulating Controversial Land Uses.

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.

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, there will be a reception for registrants and faculty following Thursday’s program. In addition, a Dutch Treat Women in Land Use Luncheon will be held on Thursday.

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Planning Chairs

Frank Schnidman, Director, Center for Urban Redevelopment Education (CURE), School of Urban and Regional Planning, Florida Atlantic University, Fort Lauderdale (also on faculty) 

Gideon Kanner, Professor Emeritus, Loyola Law School , Los Angeles (also on faculty)

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Cecily Talbert Barclay, Perkins Coie 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

Tara Butler, Policy Advisor/ Project Manager, Office of Economic Adjustment, Office of the Secretary of Defense, Washington, D.C.

Wilbur P. Edwards, Jr., Associate Justice, Southeast Housing Court, Fall River, Massachusetts

Robert B. Foster, Rackemann, Sawyer & Brewster, Boston

Graham C. Grady, K&L Gates LLP, Chicago

Jerold S. Kayden, Frank Backus Williams Professor of Urban Planning and Design, Graduate School of Design, Harvard University, Cambridge

David S. Knisely, Garrity & Knisely, Boston

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 of the Government Law Center, Albany Law School, Albany, New York

Julie A. Tappendorf, Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C., Chicago

ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study

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Program Schedule


3:30 p.m. Early Registration

4:00 p.m. Head Start Program*
   •  Land Use Institute Overview
   •  The Basics of Land Planning and Development Regulation
   •  The Basics of Eminent Domain
   •  The Basics of Inverse Condemnation

6:00 p.m. Adjournment for the Day


8:00 a.m. Registration and Continental Breakfast 

8:25 a.m. Welcome and Announcements - ALI-ABA staff
Video Webcast Segment A

8:30 a.m. Course Overview - Mr. Schnidman

8:45 a.m. Update on Planning, Land Use, and Eminent Domain Decisions

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Update on Planning, Land Use, and Eminent Domain Decisions (continued)

12:00 noon Lunch Break; Women in Land Use Law Dutch Treat Lunch 
Video Webcast Segment B

1:15 p.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making

2:45 p.m. Networking and Refreshment Break

3:00 p.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making (continued)

4:30 p.m. Annual Richard F. Babcock Faculty Keynote Address:   Gus Bauman, Politicizing Land-Use Decision-Making

5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty


7:30 a.m. Networking Session and Continental Breakfast
Video Webcast Segment C

   •  Quasi-Judicial Hearings and Ex Parte Communications
   •  The Basics of Eminent Domain*
   •  Regulating Small-Scale Urban Agriculture*

10:00 a.m. Networking and Refreshment Break

   •  Government "Green" Requirements
   •  Permitting Mixed-Use Development*
   •  Hiring and Preparing the Expert Witness*

12:00 noon Lunch Break
Video Webcast Segment D

   •  Water and Land Use Planning and Regulation*
   •  Senior Housing*
   •  Litigating Taking Claims

2:30 p.m. Networking and Refreshment Break

   •  Regulating Controversial Land Uses
   •  Government Facilities and Land Use Compatibility*
   •  Demonstrative Evidence*

4:00 p.m. Networking and Refreshment Break

4:15 p.m. Ethical Considerations for the Land Use Practitioner and Government Lawyer

5:15 p.m. Closing Comments and Adjournment

*These sessions will not be recorded or webcast.


Total 60-minute hours of instruction: 16.5, including one hour 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

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:
Excellent seminar. The speakers were exceptional, entertaining, and approachable. I came away with a depth of knowledge about land use law that will improve my practice of law. Most importantly, I made a number of great contacts and joined a national community of land use attorneys to connect and network with. I look forward to coming back next year!
Faculty is excellent; very good materials; good time management of speakers vs. other conferences I’ve attended. Really appreciate ‘real life’ examples, rather than lecture on the law. Love the social networking and ethics sessions—very engaging.
You really hit the tennis ball in the sweet spot, covering a lot of sophisticated material while still reaching out to the practitioners with less land use experience.
As always, the materials were great and presentations high quality. The overall format and balance between general sessions and breakouts is good.
This was the most varied collection of topics ever and all very contemporary issues. The veteran faculty did an excellent job and sometimes even because of the absences of some of the regular faculty. The faculty is informally available during the entire conference to answer questions and provide practice points.
I was pleased with the sophistication of the speakers and the high level of the discourse and the lectures.
Well done. I like the faculty year after year.
Through the use of the practice pointers and materials provided, over the past 13 years of attendance I have been able to enhance my income to pay the costs of the courses many times over.  A very good investment of time and unequaled networking opportunity.
The speakers were very good with great backgrounds. I really enjoyed the whole course.
Clearly the best land use CLE program in the country.
I have attended this course about four times now, because it is generally excellent. Current trends and topics are always featured and covered well. The faculty is outstanding and accessible. The materials are beyond comprehensive, and I frequently use them for my practice.
The course was great as always.
A large part of attending the institute, my first, has been the opportunity to meet land use attorneys from around the country and discuss common challenges. The faculty preparation and presentations were impressive. I thank them for their hard work and thoughtful preparation.

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