Upcoming Events and Seminars
October 20 - 23, 2011
The State Bar of California is presenting its 20th Anniversary Environmental Law Conference at Yosemite® (yes, it is trademarked), at the Tenaya Lodge in Fish Camp, California.
Along with U.C. Berkeley law professor Joseph Sax and Deputy California Attorney General Daniel L. Siegel, I will be speaking about "Regulatory Takings: Looking Back and Looking Forward."
We will be discussing the seminal regulatory takings cases from the past 20 years. "The panelists, who have been involved in several of the most significant takings cases since even before the founding of the annual Yosemite Environmental Law Conference twenty years ago, will highlight key decisions, offer their views on the evolution of takings law, and discuss cutting-edge issues raised by more recent court decisions." E. Clement Shute will moderate the panel discussion.
The Yosemite program, sponsored by the CSB's Environmental Law Section, is "nationally recognized as the largest and most prestigious gathering in California of leaders in environmental, land use, and natural resources law."
The entire program looks excellent, and the faculty the planning chairs have assembled is stellar. I plan on sitting in on many of the other sessions over the four days of the conference, getting my MCLE on. Get the complete program brochure here.
You can also register on line here. If you plan on attending, make your hotel reservations now, as I understand the conference hotel fills up fast, and the only alternative in Fish Camp is to pitch your tent on the lawn (I kid, I kid).
Past Events and Seminars
February 17-19, 2011
On Thursday-Saturday, February 17-19, 2011, come join us for the 28th annual presentation of the advanced-level ALI-ABA Course of Study, Eminent Domain and Land Valuation Litigation, and the sixth annual presentation of the basic-level ALI-ABA Course of Study, Condemnation 101: Making the Complex Simple in Eminent Domain, both at the Hyatt Regency in Coral Gables (Miami), Florida. Both courses also are offered via live webcast, available either in their entirety or in segments.
Register online between December 12 and December 31, 2010, and you can get a 30% tuition break. Simply enter coupon code DECS30 when you check out to receive your discount (this includes ALI-ABA's, live and online courses, telephone seminars, webcasts and on-demand CLE, coursebooks, DVDs, mp3s, subscriptions to periodicals, books, and all online content, including forms). This offer may not be combined with other ALI-ABA discounts, group rates or bundled products. This discount is only available for new purchase made online at www.ali-aba.org between December 12 and December 31, 2010. Pretty good deal.
I will be joining Nancy Myrland and Anthony Della Pelle (NJ Condemnation Law blog) leading a session on "The 'Social' Lawyer: New Media Strategies for Marketing Your Eminent Domain Practice," about how eminent domain attorneys can use social media for business development or simply to keep up on the latest cases.
Here's the agendas for the advanced course, and for the 101 course. As I've written before, both feature stellar faculty, all experts in the field of condemnation and eminent domain law.
January 13-14, 2011I spoke at two sessions at the fifth Hawaii Land Use Law conference. My sessions covered Coastal Issues (which includes shoreline boundary, takings, and the U.S. Supreme Court's Stop the Beach Renourishment case), and Water Issues (which will cover instream flow standards, public trust and private rights, and the Maui Water cases).
The keynote speaker was Professor Gideon Kanner, who will present "Taking a Critical Look at 30 Years of the Supreme Court's Takings Jurisprudence."
Also on the faculty were Professor David Callies (U. Hawaii Law), Ben Kudo (Imanaka, Kudo and Fujimoto), Professor Patty Salkin (Albany Law), David Arakawa (Land Use Research Foundation Hawaii), Orlando Davidson (Hawaii Land Use Commission), Lisa Bail (Goodsill Anderson Quinn and Stifel), Naomi Change (Kuiwalu), and David Tanouye (Honolulu Dep't of Planning and Permitting).
November 22, 2010
I was on the faculty of Integrating Water Law and Land Use Planning, a seminar on Hawaii's unique water law. My session covered "Water Rights, Property Rights and the Law of Settled Expectations," and provided a crash course in Hawaii land use law, the interrelationship between land use law and water law, and the limitations of the public trust doctrine.
Other sessions included "Hawaiian Water Rights - Where Culture and the Law Merge," "Amendments to the Instream Flow Standards in East and West Maui," and "County of Hawaii Water Use and Development Plan." Also on the faculty were my Damon Key colleague Christi-Anne Kudo Chock; Dr. Lawrence Miike, Commissioner on the State Commission on Water Resource Management; and Lawrence Beck, Civil Engineer with the County of Hawaii Department of Water Supply. Dr. Miike is a physician and attorney, and the author of Water and the Law in Hawaii (2004).
October 25, 2010
The ABA Section of Real Property, Trust and Estate Law, and the Section of State & Local Government Law sponsored the teleconference "Is There Such a Thing as a Judicial Taking? The Lessons of the Supreme Court's Ruling in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection," discussing the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 130 S. Ct. 2592 (2010). One of the featured CLE sessions at the American Bar Association annual meeting in San Francisco will be the Section of State and Local Government Law's session on the beach renourishment case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Envt'l Protection, a case being considered by the U.S. Supreme Court involving "judicial takings" and ownership of beachfront land.
I moderated a panel of legal experts who discussed their views of the opinions, and where the Court might go from here. James Burling (Pacific Legal Foundation), John Echeverria (Vermont Law School), Richard Frank, University of California, Davis Law School), and Dan Stengle (Hopping Green & Sams, Petitioner's counsel) were on the panel. More details here.
October 21, 2010
I was on the panel of a teleconference sponsored by the University of Connecticut and Robinson & Cole, "The Whacky and Wonderful World of Eminent Domain After Kelo." My presentation was entitled "Schlimmbesserung - Eminent Domain for Redevelopment." Joining me on the panel was Andrew W. Schwartz, a partner in San Francisco's Shute, Mihaly & Weinberger, who suggested that redevelopment was good, and that eminent domain was a necessary part of the process when market forces break down, or there are holdouts. The session was moderated by John Clapp, Ph.D. of the UConn Center for Real Estate, and Michele Maresca, a land use attorney at Robinson and Cole in Hartford. More here, including my presentation.
August 6, 2010
One of the featured CLE sessions at the American Bar Association annual meeting in San Francisco was the Section of State and Local Government Law's session on the beach renourishment case, Stop the Beach Renourishment, Inc. v. Florida Dep't of Envt'l Protection, a case being considered by the U.S. Supreme Court involving "judicial takings" and ownership of beachfront land.
I moderated a panel discussing the case and its implications. Also on the panel were Professor John Echeverria (Vermont Law School), Jim Burling (Pacific Legal Foundation), and Dan Stengle (one of the attorneys who argued the case). More details here.
Earlier, as part of the ABA Section of State and Local Government Law's annual meeting, I was a panelist discussing Careers in State and Local Government Law. Also on the panel were Professor David Callies, Honolulu, HI; David Courreges, Austin, TX; Larry Hoyt, Boulder, CO; and Nikelle Meade, Austin, TX. Donna Frazier, Shreveport, LA moderated.
May 6, 2010
I presented a session on Are Courts Waking Up To Property Rights? at the Western Manufactured Housing Communities Association's Spring Seminar. More here.
April 30, 2010
In addition to Professor Alterman, the panel included Professor Russell Brown (University of Alberta) and Professor Bryan Schwartz (University of Manitoba) who gave details and criticisms of Canada's approach, Professor David Callies (University of Hawaii) discussing the Asia and Pacific approaches, and Professor Tom Roberts (Wake Forest University) comparing our homegrown system.More on the panel here.
In a separate program on Land Use Hot Topics, I presented a paper Recent Developments in Challenging the Right to Take in Eminent Domain (draft available on SSRN here).
These sessions were part of the ABA State and Local Government Law Section's Spring Meeting in Miami.
March, 14, 2010
I spoke about about Eminent Domain: The Good, the Bad, and the Ugly at the "Foolish Things Salon" hosted by Li Zhao and Ken Schooland. More information here.
February 4-6, 2010
I was on the faculty of two of the best CLE programs about eminent domain law, ALI-ABA's Eminent Domain and Land Valuation Litigation, and Condemnation 101: How To Prepare and Present an Eminent Domain Case, held concurrently in Scottsdale, Arizona.
The first course is designed for attorneys with some condemnation experience, while the second is an introduction or refresher to the basic concepts and techniques in a condemnation case. More information about "Eminent Domain and Land Valuation Litigation" is available here, and about "Condemnation 101" here.
January 12, 2010
I was the guest of nationally-renown land use law experts Professor Dan Mandelker and attorney Dwight Merriam for the International Municipal Lawyers Association's teleconference series. The subject was land use Exactions. More information here.
September 30 - August 4, 2009
I attended the Fall Council Meeting of the ABA's State and Local Government Law Section in Austin, Texas. On Wednesday, September 30, from 4:00 to 5:30 pm, I was a panelist discussing Careers in State and Local Government Law. Also on the panel were Professor David Callies, Honolulu, HI; David Courreges, Austin, TX; Larry Hoyt, Boulder, CO; and Nikelle Meade, Austin, TX. Donna Frazier, Shreveport, LA moderated.
September 16, 2009 I
was on the faculty of Practical Guide to Zoning and Land Use Law, an annual program dealing with zoning approvals, constitutional limitations on land use regulations, and administrative procedure. My sessions covered "Appealing an Administrative Zoning Decision" and "Current Case Law and Legislative Update."
July 30 - August 2, 2009
I attended the State & Local Government Law Section meeting at the ABA Annual Meeting in Chicago. More here.
May 14, 2009
Along with my Damon Key colleague Christi-Anne Kudo Chock, I was on the faculty of Integrating Water Law and Land Use Planning in Hawaii in Honolulu. I spoke about "Water Rights, Property Rights and the Law of Settled Expectations." Materials and links are posted here.
April 2, 2009
Hot Topics in Land Use Law 2009 - The 2009 version of this popular annual program covered the latest developments in several areas of the law related to land use regulation. Among the topics were the ability of town boards to control obstreperous speakers; the latest law concerning ethical constraints on state and local officials and the citizens who appear before them; restrictions on the government's ability to limit religious land uses under the Religious Land Use and Institutionalized Persons Act (RLUIPA); what's new concerning cell tower sitting; the use of pretextual public purposes to justify takings; new law about impact fees and exactions; and citizen input into brown fields restoration and the backlash against it. I spoke about about the latest developments in eminent domain and pretext. Items I discussed are posted here.
April 1, 2009
Condemnation Hot Topics - The program examined new and important condemnation cases and trends, and also reviewed eminent domain as a backdrop for land use regulation. I spoke about pretext and public use in eminent domain cases. Also on the faculty were Robert Freilich, Mary Lynn Huett, and Edward Sullivan. Professor Steven Eagle moderated. Items I discussed are posted here.
February 20, 2009
Our firm's annual land use seminar, Zoning, Subdivision and Land Development Law. Materials from my session on "Supreme Court, Regulatory Takings and Eminent Domain Update" here.
January 15-16, 2009
I was on the faculty at the Hawaii Land Use Law Conference, and spoke about "Emerging Water Issues." My materials are posted here.
September 27, 2008 I
spoke about about Background Principles and Paradigm Shifting: The Role of Property Rights in Historic Preservation Laws, at the University of Hawaii Law School's workshop on burial and landmark issues. A summary of the conference:
Ka Huli Ao Center for Excellence in Native Hawaiian Law at the University of Hawaii School of Law will be presenting a workshop "Hawaii State Historic Preservation Laws: Reclaiming the Past, Shaping the Future." The other speakers will be Dr. Kehau Abad, Oahu Island Burial Council; Dawn N.S. Chang, Kuiwalu; Prof. Carl C. Christensen, William S. Richardson School of Law; Dr. Thomas S. Dye, T.S. Dye and Associates; Moses Haia, Esq., Native Hawaiian Legal Corporation; Dr. Holly McEldowney, DLNR, Division of State Parks; Nancy McMahon, DLNR, Historic Preservation Division; Kai Markell, Office of Hawaiian Affairs; and William M. Tam, Esq., Alston Hunt Floyd & Ing. The keynote speaker will be Dr. Patrick Kirch, Departments of Anthropology and Integrative Biology, University of California, Berkeley.
Materials from my presentation are posted here.