NEWS AND EVENTS

Complying with Land Use Laws and Regulations

The National Business Institute presents...

Complying With Land Use Laws and Regulations

Monday, December 11, 2006

Pittsburgh Marriott City Center

112 Washington Place

Pittsburgh, PA  15219

Registration: 8:30 - 9:00 a.m

Program: 9:00 a.m. -4:30 p.m.

Click here for more details and to register

PROGRAM DESCRIPTION

Make Sure Clients Adhere to Current Land Use Regulations

Professionals who deal with land use actions must understand and navigate a variety of regulations pertaining to zoning, nonconforming uses and environmental laws. Federal, state and local laws all come into play in this area, and you must be prepared to deal with the red tape of bureaucracy in order to help clients achieve their desired outcome. Are you ready to represent clients - or work with other professionals - on land use issues?

Come to this comprehensive seminar and sharpen your skills in this complex area of law. Counsel your clients wisely by understanding land division regulations. Follow proper procedures so nonconforming uses protect your current land use projects. Anticipate and form strategies for possible litigation, and assess your understanding of environmental and special use regulations. Protect your practice by avoiding ethical issues that arise in land use actions.

Get up to speed on land use issues that affect your daily work!

• Base your advice in a thorough understanding of the laws and procedures that impact land division.
• Identify nonconforming uses and learn how to use variance appeals or other administrative challenges.
• Confidently handle a change in use, abandonment or discontinuance.
• Resolve administrative zoning disputes and understand the appellate process to the courts.
• Control wetland use and abuse using knowledge gained at this update.
• Reduce the impact and liability associated with environmentally distressed properties.
• Address ethical issues related to administrative and quasi judicial actions.
• Establish damages in land use litigation cases.
• Avoid noncompliance with land division regulations.

AGENDA

1. NEGOTIATING THE MAZE OF LAND DIVISION REGULATION Shawn Gallagher, 9:00 - 10:30
   1. Defining the Basic Law Governing the Division of Land
   2. Delegating Authority to Local Governing Bodies
   3. Familiarizing Yourself With Procedures and Standards
   4. Platting Procedures and the Approval Process
   5. Exemptions and Exception to Land Division Regulations
   6. Avoiding Prohibited Land Division
   7. Understanding the Penalties and Resolutions Available for Non-Compliance
   8. What Do You Do When the Regulation is in the “Gray Area” and Approval is Denied?
   9. Current Developments in Land Use Regulation
2. UNDERSTANDING THE LAW OF NONCONFORMING USES Leslie A. Peters, 10:45 - 12:00
   1. Identifying and Handling Nonconforming Uses
      1. The Meaning of "Grandfathered" Uses and Permit Applications
      2. Expansion or Enlargement - Meeting Tighter Restrictions
      3. What Constitutes a "Change of Use?"
      4. When a Use is No Longer in Use - Dealing With Abandonment or Discontinuance
      5. Modifying the Use - Receiving Administrative Approval
   2. Distinguishing Nonconforming Lots and Structures
      1. Similarities and Differences From Nonconforming Use
      2. Applying Local Ordinances - Expansion or Enlargement Matters
      3. Eliminating Nonconforming Lots - Mergers as an Option?
      4. When the Structure Becomes Abandoned - Voluntarily or Through Destruction
      5. When the Property Owner is Denied - Seeking Relief Through Variance Appeals and Other Administrative Avenues
3. LITIGATING THE LAND USE CASE James G. McLean, 1:00 - 2:00
   1. The Power to Zone: Who Has it and Where Does it Come From?
   2. Property Rights vs. Police Power
   3. Solutions to the Various Types of Land Use Disputes
   4. Facing Administrative Zoning Disputes
   5. Proper Handling of Administrative Appeal to the Courts
   6. Challenges to Constitutional Validity
   7. Assessing Damages: The New Frontier
   8. Appellate Review: What to Expect
4. UNCOVERING A LAWYER'S ETHICAL RESPONSIBILITY IN LAND USE LAW Charles M. Means, 2:00 - 3:00
   1. Canon of Ethics - Requirements Under the Code of Professional Responsibility
   2. Ex Parte Contacts
   3. Avoiding Conflicts of Interest
   4. In Whose Best Interests? Acting on Behalf of the Public
   5. Limitations Governing Rezoning: Walking the Ethical Line
   6. Ethical Concerns for Administrative/Quasi Judicial Actions
5. ENSURING COMPLIANCE WITH ENVIRONMENTAL AND SPECIAL USE REGULATIONS Scott R. Dismukes, 3:15 - 4:30
   1. How Endangered Species Fit into Land Use
   2. Controlling Wetlands Use and Abuse
   3. Understanding Water Rights Implications on Land Use
   4. Environmental Conditions and Features Affecting Property Development
   5. Pollution Control and Permits
   6. Environmentally Distressed Property - What Are You Liable for and How Do You Reduce the Impact?
   7. Brownfields Initiatives: How They May Affect Your Clients' Plans