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
  • Cosponsored by the School of Urban and Regional Planning Florida Atlantic University
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Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

Local government land use decisions affect the environment, economic development, historic landmarks, religious practice, community growth, and quality of life. It is essential for land use practitioners to stay ahead of the competition by understanding the key issues property owners and developers face when attempting to obtain governmental approvals.


The Land Use Institute, now in its 29th year, is designed for attorneys, professional planners, public officials, developers, and academics who are involved in land use planning, zoning, permitting, property development, environmental protection, and related litigation. This cutting-edge program, comprising 16 hours of instruction, including one hour of ethics, and taught by preeminent practitioners, academics, and government officials, has well-earned its role as the most comprehensive land use continuing education program available.


Not only does the program provide critical reviews and analyses of the most important new cases, nationwide trends, state-specific concerns, and both routine and complex procedural issues, but it also offers outstanding networking opportunities, including breakfasts, breaks, a reception for registrants and faculty, and a Dutch-Treat luncheon for women in land use.


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.


Some of this year’s program highlights include:

Head Start Program
A two-hour introductory session on Wednesday afternoon is offered for 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; 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.

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 CLE’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 Robert Freilich has been selected to present the Thursday concluding presentation as the 2013 Faculty Keynote Speaker. His topic: “Slaying the Dragon: How Would Richard Babcock Critique the Complexity of Current American Land Use Law and Planning?”

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 analyses covering both “hot” topics and traditional critical practice areas. Faculty members present on key topics and provide time for participants to join in the discussion.

Course Materials 
Panelists for each session discuss the materials and work with a faculty coordinator. 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. Please consider “going green” and order your study materials on USB drive. We recommend that you bring a laptop for viewing at the program.

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What You Will Learn

Past registrants of this program tout its helpful practice pointers, engaging discussions, and in-depth analyses of key topics. This year’s program will continue to meet the standard of excellence with practical instruction on the following topics.


Update on Recent Planning, Land Use, and Eminent Domain Decisions
Topics in which cases are addressed (subject to change) include:

affordable housing

agricultural land preservation/urban farming


eminent domain

conditional uses

First Amendment and signs

historic preservation

impact fees

non-conforming uses

religious land use


Federal Laws, Regulations, and Programs Affecting Local Land Use Decision-Making 
Federally-regulated subject areas to be analyzed (subject to change) include:

climate change

disaster planning and recovery

endangered species

hydraulic fracturing


renewable energy

environmental justice



Detailed, In-Depth Sessions on “Hot” Topics and Critical Practice Instruction 
Small group, seminar-type discussions will cover the following (subject to change):

Environmental Quality Review

Community Benefits and Development Agreements

transportation challenges and solutions

future of urban sprawl and the suburbs

comprehensive planning

easements and exactions

regulating navigable airspace


Ethical Considerations for the Land Use Practitioner and Governmental Lawyer Our experts will examine conflicts of interest, bias, corruption and ex parte communication, in addition to other scenarios implicating ethics and professionalism.

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Planning Chairs

Frank Schnidman, Senior Fellow, School of Urban and Regional Planning, Florida Atlantic University, Boca Raton, Florida

Gideon Kanner, Professor of Law Emeritus, Loyola Law School, Burbank, California

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Gus B. Bauman, Beveridge & Diamond, P.C., Washington, D.C.

Michael M. Berger, Manatt, Phelps & Phillips, LLP, Los Angeles

Amy Brigham Boulris, Gunster, Yoakley & Stewart, P.A., Miami

David L. Callies, University of Hawaii at Manoa, William S. Richardson School of Law, Honolulu

Robert H. Freilich, Freilich & Popowitz LLP, Los Angeles

Graham C. Grady, Shefsky & Froelich, Ltd., Chicago

Matthew S. Gray, Perkins Coie LLP, San Francisco

Wendie L. Kellington, Attorney at Law P.C., Lake Oswego, Oregon

Robert I. McMurry, Jeffer Mangels Butler & Mitchell LLP, Los Angeles, California

Deborah M. Rosenthal, Sheppard, Mullin, Richter & Hampton LLP, Costa Mesa, California

Barbara J. Schussman, Perkins Coie LLP, San Francisco

Edward J. Sullivan, Garvey Schubert & Barer, Portland, Oregon

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

Pamela Thompson, City Attorney, Redwood City, Redwood City, California

ALI CLE Program Attorney: Thomas M. Hennessey (

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Program Schedule


3:30 p.m. Early Registration

4:00 p.m. Head Start Program - Moderator: Mr. Schnidman: Panel: Professor Callies, Mr. Bauman, and Ms. Boulris

6:00 p.m. Adjournment for the Day


8:00 a.m. Registration and Continental Breakfast

8:25 a.m. Administrative Remarks - ALI CLE Staff
Video Webcast Segment A

8:30 a.m. Welcome and Course Overview

8:45 a.m. Update on Planning, Land Use, and Eminent Domain Decisions - Moderator: Mr. Schnidman; Panel: Professors Callies and Kanner; Mss. Boulris, Kellington, Rosenthal, and Tappendorf; and Messrs. Bauman, Berger, Grady, Gray, and Sullivan

10:15 a.m. Networking and Refreshment Break

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

12:00 p.m. Lunch Break and Women in Land Use Law Dutch Treat Lunch
Video Webcast Segment B

   •  Environmental Quality Review - Messrs. Bauman and Gray
   •  Community Benefits and Development Agreements *- Professor Callies and Mss. Tappendorf and Thompson
   •  Basics of Eminent Domain* - Professor Kanner and Ms. Boulris

2:45 p.m. Networking and Refreshment Break

   •  Climate Change at the Local Level - Messrs. Freilich and Grady
   •  Transportation Challenges and Solution* - Ms. Kellington and Mr. McMurry 
   •  Update on Urban Sprawl and the Suburbs* - Professor Kanner and Mr. Sullivan

4:15 p.m. Networking and Refreshment Break

4:30 p.m. Annual Richard F. Babcock Faculty Keynote Address: Slaying the Dragon: How Would Richard Babcock Critique the Complexity of Current American Land Use Law and Planning? - Speaker: Robert H. Freilich; Introduction by Mr. Schnidman

5:30 p.m. Adjournment for the Day
Networking Reception for Registrants and Faculty
Proudly sponsored by Perkins Coie LLP


8:00 a.m. Networking Session and Continental Breakfast 
Video Webcast Segment C

8:30 a.m. Federal Laws, Regulations, and Programs Affecting Local Land Use Decision Making - Moderator: Mr. Schnidman; Panel: Professor Callies; Mss. Rosenthal, Schussman, and Tappendorf; and Messrs. Bauman, Grady, McMurry, and Sullivan

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Federal Laws, Regulations, and Programs (continued)

12:00 p.m. Lunch Break
Video Webcast Segment D

   •  Renewable Energy - Mr. Grady and Mss. Kellington and Schussman
   •  Comprehensive Planning* - Ms. Rosenthal and Mr. Sullivan 
   •  Easements and Exactions *- Ms. Boulris and Messrs. Berger and  Freilich

2:45 p.m. Networking and Refreshment Break

   •  Hydraulic Fracturing - Professor Callies, Mr. Freilich, and Ms. Schussman
   •  Disaster Planning and Recovery* - Mss. Rosenthal and Thompson
   •  Regulating Navigable Airspace - the Drones are Coming*Mr. Berger and Ms. Kellington

4:15 p.m. Networking and Refreshment Break

4:30 p.m. Ethical Considerations in the Use of Social Media for the Land Use Practitioner and Government Lawyer - Moderator: Mr. Schnidman; Panel: Ms. Tappendorf and selected Land Use Institute registrants

5:30 p.m. Closing Comments and Adjournment

*Sessions not recorded or webcast

Total 60-minute hours of instruction: 16 hours 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

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:
Great program! Excellent topics and faculty.
There is simply no better way an attorney who counts land use issues as any part of their practice can spend three days. The expertise, experience, talent, and leadership of the presenters are extraordinary. What sets this course, or institute meeting far apart from any other though, is the devotion and character of the co-chairs, and the kind collegiality evident amongst the presenters.
The course was excellent. The topics were very timely.
Overall, I found the course to be very good. I was familiar with many of the subjects discussed and nevertheless, gained good information from the materials and presentations. It was also good to get perspective from counsel representing industry/developers, regarding certain issues.
Excellent course. The course changes and does a good job of keeping me abreast of latest trends in land use law.
I am a multi-year participant. I always learn 2 things each year: How much I don’t know and some new item that helps me in the coming year, which generally pays for the cost of attending this seminar.
This was a great program, as always. The Babcock lecture was 1st rate. I always find this course to be valuable. The materials are fantastic. The faculty and the course administrators do a great job at presenting a large amount of information in a comfortable atmosphere. I really enjoy the breakout sessions.
The course was very informative as always. There were a wide variety of topics which held my interest.
Faculty is extremely knowledgeable and entertaining.
I have been attending the Land Use Institute seminars for many years. The faculty is always top-flight. The course materials are well-prepared. The presentations are interesting and educational. The venues are enjoyable and worthy travelling to. I look forward to returning.


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