eConference

2024 Land Use eConference

Contains material from May 2024

2024 Land Use eConference
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The 28th Annual Land Use Conference offers high-level, detailed coverage of the key issues, strategies, challenges, tools, and opportunities facing municipalities, counties, and developers. It focuses on real-world problems with practical solutions presented by an outstanding faculty, including developers' attorneys, land use planners, local government attorneys, engineers, and state and local regulators.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 14.75 | 2.00 ethics
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 4/30/2025

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1. Land Use Case Law Updates Part 1 (May 2024)

James L. Dougherty Jr.

0.75 0.00 0.00 0.75
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
25 pgs
(pdf)
52 pgs
Session 1 —46 mins
0.75
Land Use Case Law Updates Part 1 (May 2024)

A rapid review of recent land uses cases, including platting, zoning, takings, vesting, and development agreements.

Originally presented: Apr 2024 Land Use Conference

James L. Dougherty Jr., Attorney at Law - Houston, TX

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2. General Legislative Update (May 2024)

Tad Holland Cleaves

0.50 0.00 0.00 0.50
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(mp4)
32 mins
(mp3)
31 mins
(pdf)
13 pgs
Session 2 —32 mins
0.50
General Legislative Update (May 2024)

Following nearly 250 days of Texas state legislative activity in 2023, this session provides a fast-paced review of the land use bills that passed along with a few that didn't.

Originally presented: Apr 2024 Land Use Conference

Tad Holland Cleaves, Texas Municipal League - Austin, TX

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3. Super Preemption and H.B. 2127 Litigation Update (May 2024)

Robert F. Brown

0.50 0.00 0.00 0.50
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(mp4)
30 mins
(mp3)
29 mins
(pdf)
20 pgs
(pdf)
31 pgs
Session 3 —30 mins
0.50
Super Preemption and H.B. 2127 Litigation Update (May 2024)

H.B. 2127, the so called “Super Preemption Bill,” was set to become law on September 1, 2023, but was struck down as unconstitutional (at least as to the Cities of Houston, San Antonio, and El Paso) by a Travis County district judge on August 30, 2023. This law seeks to expressly preempt certain city regulations, while implicitly preempting other city regulations that are in conflict with a “field of regulation” occupied by certain state laws. This presentation reviews H.B. 2127, its scope and likely applications, and provide an update on the litigation over H.B. 2127.

Originally presented: Apr 2024 Land Use Conference

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX

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4. Out of the ETJ and Into the Unknown? What the SB 2038 ETJ-Removal Law Does and Its Impact on Cities and Counties (May 2024)

Micah King, Bradford E. Bullock, Julie Elizabeth Joe

0.75 0.00 0.00 0.75
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(mp4)
45 mins
(mp3)
45 mins
Paper
(pdf)
5 pgs
(pdf)
22 pgs
(pdf)
9 pgs
(pdf)
46 pgs
Session 4 —45 mins
0.75
Out of the ETJ and Into the Unknown? What the SB 2038 ETJ-Removal Law Does and Its Impact on Cities and Counties (May 2024)

A review of what the SB 2038 ETJ-removal law does and its impact on cities and counties, by an experienced panel of land use, real estate and development attorneys, including the plaintiff’s attorney in Grand Prairie v. Texas.
 

Originally presented: Apr 2024 Land Use Conference

Micah King, Winstead PC - Austin, TX
Bradford E. Bullock, Messer Fort - Austin, TX
Julie Elizabeth Joe, Travis County Attorney's Office - Austin, TX

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5. Deep Dive into Utility and Other Resources in Planning (May 2024)

Jon James, Charles E. Zech

0.75 0.00 0.00 0.75
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(mp4)
40 mins
(mp3)
40 mins
(pdf)
9 pgs
Session 5 —40 mins
0.75
Deep Dive into Utility and Other Resources in Planning (May 2024)

Legal and land use implications of SB 2038 - ETJ Release.

Originally presented: Apr 2024 Land Use Conference

Jon James, Denton, Navarro, Rodriguez, Bernal, Santee & Zech, P.C. - San Antonio, TX
Charles E. Zech, Denton, Navarro, Rodriguez, Bernal, Santee & Zech, P.C. - Austin, TX

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6. When Technologies are Ahead of the Building Code (May 2024)

Skye Masson, Andrea Schokker

0.75 0.00 0.00 0.75
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
14 pgs
Session 6 —46 mins
0.75
When Technologies are Ahead of the Building Code (May 2024)

Explore the challenges with emerging technologies that may outpace code development. Topics include examples from 3D printing concrete and advances in low carbon materials.

Originally presented: Apr 2024 Land Use Conference

Skye Masson, City of Georgetown - Georgetown, TX
Andrea Schokker, Swenson College of Science and Engineering - Duluth, MN

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7. Navigating Recent Texas Legislative Impacts on Development and Land Use Regulations (May 2024)

Carolyn Matthis, Janet Marie Spugnardi

0.75 0.00 0.00 0.75
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(mp4)
47 mins
(mp3)
47 mins
(pdf)
20 pgs
Session 7 —47 mins
0.75
Navigating Recent Texas Legislative Impacts on Development and Land Use Regulations (May 2024)

A discussion on how various bills adopted by the Texas Legislature in recent years have impacted cities’ abilities to regulate development, land use, and building materials on properties. This also includes a discussion on litigation updates concerning those restrictions and cities’ attempts to navigate enforcement efforts to address competing concerns of their citizenry.

Originally presented: Apr 2024 Land Use Conference

Carolyn Matthis, City of Irving City Attorney’s Office - Irving, TX
Janet Marie Spugnardi, City of Irving City Attorney's Office - Irving, TX

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8. Cities Don’t Enforce Private Restrictive Covenants or Do They?: The City of Houston’s Unique Land Use Scheme (May 2024)

Heather N. Cook

0.75 0.00 0.00 0.75
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(mp4)
38 mins
(mp3)
38 mins
(pdf)
25 pgs
(pdf)
11 pgs
Session 8 —38 mins
0.75
Cities Don’t Enforce Private Restrictive Covenants or Do They?: The City of Houston’s Unique Land Use Scheme (May 2024)

As one of the only large and unzoned municipalities in the United States, the City of Houston enjoys the unique ability to enforce restrictive covenants as a means of land use regulation. This course explores Houston’s enforcement authority and processes, as well as how such enforcement might work for other cities.

Originally presented: Apr 2024 Land Use Conference

Heather N. Cook, Randle Law Office Ltd., L.L.P - Houston, TX

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9. A Private Solution to a Public Concern? Private Restrictive Covenants versus Short Term Rentals, Residential Amenities, and Accessory Dwelling Units (May 2024)

Galen Gatten

0.50 0.00 0.00 0.50
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(mp4)
33 mins
(mp3)
32 mins
(pdf)
25 pgs
(pdf)
8 pgs
Session 9 —33 mins
0.50
A Private Solution to a Public Concern? Private Restrictive Covenants versus Short Term Rentals, Residential Amenities, and Accessory Dwelling Units (May 2024)

As cities adopt ordinances to regulate a variety of land uses on residential property, they face substantial challenges in both the courts and the Legislature. Perhaps the solution is a private contract between neighbors.   

Originally presented: Apr 2024 Land Use Conference

Galen Gatten, City of Arlington - Arlington, TX

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10. Mitigating Disasters: What More Can Land Use Planners Do? (May 2024)

Shannon Van Zandt

0.50 0.00 0.00 0.50
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(mp4)
33 mins
(mp3)
33 mins
(pdf)
11 pgs
Session 10 —33 mins
0.50
Mitigating Disasters: What More Can Land Use Planners Do? (May 2024)

Land use planning offers a host of regulatory and educational tools that planners and attorneys can employ to protect our communities from the impacts of natural disasters. Yet many of these tools are not fully utilized across Texas communities. This session reports on a survey of the extent to which Texas coastal communities are using common and proven techniques to reduce risk and mitigate disaster impacts, with lessons for all parts of the state.

Originally presented: Apr 2024 Land Use Conference

Shannon Van Zandt, Texas A&M University - College Station, TX

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11. Let’s Chat About ChatGPT: Ethical Considerations in the Use of Generative AI (May 2024)

Hon. John G. Browning

1.00 1.00 0.00 1.00 | 1.00 ethics
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(mp4)
56 mins
(mp3)
56 mins
(pdf)
39 pgs
(pdf)
13 pgs
Session 11 —56 mins
1.00 | 1.00 ethics
Let’s Chat About ChatGPT: Ethical Considerations in the Use of Generative AI (May 2024)

Since the introduction of ChatGPT and other generative AI tools, lawyers around the country have been getting into ethical hot water over their misuse of generative AI. Courts have responded with mandatory AI disclosures and certifications by attorneys. What are your ethical obligations in using AI, and how can you stay within the lines? Come find out in this informative and entertaining presentation!

Originally presented: Apr 2024 Land Use Conference

Hon. John G. Browning, Of Counsel, The Cole Law Firm, McKinney, Texas and Distinguished Jurist in Residence, Faulkner University School of Law - Montgomery, AL

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12. Deep Dive Platting (May 2024)

Bradley A. Anderle, Jennifer M. Drysdale

0.50 0.00 0.00 0.50
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(mp4)
29 mins
(mp3)
29 mins
(pdf)
9 pgs
Session 12 —29 mins
0.50
Deep Dive Platting (May 2024)

Navigating responses to new restrictions on plat applications, specifically: "The governing body of a municipality or the municipal authority responsible for approving plats may not require an analysis, study, document, agreement, or similar requirement to be included in or as part of an application for a plat, development permit, or subdivision of land that is not explicitly allowed by state law."

Originally presented: Apr 2024 Land Use Conference

Bradley A. Anderle, Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - Fort Worth, TX
Jennifer M. Drysdale, Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - Fort Worth, TX

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13. Land Use Case Law Updates Part 2 (May 2024)

James L. Dougherty Jr.

0.50 0.00 0.00 0.50
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(mp4)
32 mins
(mp3)
32 mins
(pdf)
66 pgs
Session 13 —32 mins
0.50
Land Use Case Law Updates Part 2 (May 2024)

A rapid review of recent land uses cases, including platting, zoning, takings, vesting, and development agreements.

Originally presented: Apr 2024 Land Use Conference

James L. Dougherty Jr., Attorney at Law - Houston, TX

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14. Alternative Subdivisions: Not everyone can Live in a Master Planned Community (May 2024)

Reid Wilson

0.50 0.00 0.00 0.50
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(mp4)
29 mins
(mp3)
29 mins
(pdf)
13 pgs
(pdf)
25 pgs
Session 14 —29 mins
0.50
Alternative Subdivisions: Not everyone can Live in a Master Planned Community (May 2024)

Land Use Professionals love to focus on big, beautiful, well designed residential communities. They are not affordable to many citizens. Many citizens are drawn to living in alternative “subdivisions” for affordability or flexibility reasons: small lot “urban” neighborhoods with basic amenities (if any) in rural areas, manufactured housing communities and RV Parks. This presentation covers land use issues for these alternative “subdivisions”.

Originally presented: Apr 2024 Land Use Conference

Reid Wilson, Wilson Cribbs + Goren, P.C. - Houston, TX

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15. Advancing Housing Affordability in Counties  (May 2024)

Heather K. Way, Dr. Theresa Daniel, Janae Ladet, Elizabeth Mueller

0.75 0.00 0.00 0.75
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(mp4)
47 mins
(mp3)
47 mins
(pdf)
8 pgs
Session 15 —47 mins
0.75
Advancing Housing Affordability in Counties  (May 2024)

Counties across the state are struggling with housing affordability, with population surges in unincorporated areas and a growing mismatch between housing needs and supply. Hear from county leaders and housing experts on tools that counties are using to address local affordable housing needs, along with opportunities for expanding counties' toolboxes. 

Originally presented: Apr 2024 Land Use Conference

Heather K. Way, Clinical Professor, The University of Texas School of Law - Austin, TX
Dr. Theresa Daniel, County Commissioner, District 1 Dallas County - Dallas, TX
Janae Ladet, Deputy Director of Policy, Office of Commissioner Rodney Ellis, Harris County - Houston, TX
Elizabeth Mueller, Professor, The University of Texas at Austin School of Architecture - Austin, TX

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16. Hot Topics in Texas Land Use Law (May 2024)

Terrence S. Welch

0.50 0.00 0.00 0.50
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(mp4)
28 mins
(mp3)
28 mins
(pdf)
23 pgs
(pdf)
17 pgs
Session 16 —28 mins
0.50
Hot Topics in Texas Land Use Law (May 2024)

From the Legislature’s concerns about Colony Ridge, to “gentle” density issues in Dallas, to poker houses, to “single-family for rent” projects, to an update on STR litigation, this presentation addresses current Texas land use issues at a fast pace.   

Originally presented: Apr 2024 Land Use Conference

Terrence S. Welch, Brown & Hofmeister, L.L.P. - Richardson, TX

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17. Practical Water Law Considerations: Amenity Lakes, SWCD Reservoirs and Stormwater Detention Ponds (May 2024)

Leonard H. Dougal

0.50 0.00 0.00 0.50
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(mp4)
23 mins
(mp3)
23 mins
(pdf)
13 pgs
Session 17 —23 mins
0.50
Practical Water Law Considerations: Amenity Lakes, SWCD Reservoirs and Stormwater Detention Ponds (May 2024)

New subdivisions in rural areas raise numerous water law considerations, including how to convert pre-existing rural stock ponds to amenity lakes, dealing with old soil & water conservation district easements and dam structures, and the statutory obligation to avoid flooding downstream neighbors. Come get practical tips on how to address all of these water law issues.

Originally presented: Apr 2024 Land Use Conference

Leonard H. Dougal, Jackson Walker LLP - Austin, TX

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18. Why Would Anyone Want to Own and Operate a Utility (May 2024)

Cody Faulk

0.75 0.00 0.00 0.75
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(mp4)
50 mins
(mp3)
50 mins
(pdf)
18 pgs
Session 18 —50 mins
0.75
Why Would Anyone Want to Own and Operate a Utility (May 2024)

A discussion and analysis on recent trends in the water and wastewater regulatory environment. The presentation addresses what hurdles investor and developer owned utilities are facing in front of Texas regulators, navigating municipal oversight and relationships, and the financial and business outcomes from regulation. Audience members who are considering or advising clients on entering the regulated utility space can expect to come away with a better understanding of this critical Texas industry and its administrative oversight. 

Originally presented: Apr 2024 Land Use Conference

Cody Faulk, Spencer Fane - Austin, TX

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19. ULI Advisory Services Program (May 2024)

Paulette Gibbins

0.50 0.00 0.00 0.50
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(mp4)
28 mins
(mp3)
28 mins
(pdf)
13 pgs
Session 19 —28 mins
0.50
ULI Advisory Services Program (May 2024)

For the past 75 years, ULI’s Advisory Services Program (ASP) has paired the brightest minds in real estate with the most challenging problems facing our cities. Members link together with local leaders to draft a plan to revive, rethink, and restore communities around the globe to ultimately enact change and improve the lives of the people who live there.

Originally presented: Apr 2024 Land Use Conference

Paulette Gibbins, The Urban Land Institute - Austin, TX

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20. The Evolution of Inverse Condemnation Law (May 2024)

Arthur J. Anderson

1.00 0.00 0.00 1.00
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(mp4)
61 mins
(mp3)
61 mins
(pdf)
63 pgs
(pdf)
30 pgs
Session 20 —61 mins
1.00
The Evolution of Inverse Condemnation Law (May 2024)

How the courts have expanded property owner exactions and regulatory takings protections.

Originally presented: Apr 2024 Land Use Conference

Arthur J. Anderson, Winstead PC - Dallas, TX

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21. Right-of-Way and Land Use Planning (May 2024)

Cathy Meyer Cunningham, Don Knight

0.75 0.00 0.00 0.75
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(mp4)
46 mins
(mp3)
45 mins
(pdf)
16 pgs
Session 21 —46 mins
0.75
Right-of-Way and Land Use Planning (May 2024)

An overview of right-of-way planning, including comprehensive plans, traffic issues, subdivision requirements, street standards, private streets, sidewalks. Also gain insight into right-of-way management ordinances, including design manuals, plats, right-of-way dedications, sidewalk vendors and cafes, dockless mobility issues, robot deliveries, utility placement, and a discussion about utility easements vs. right-of-way.

Originally presented: Apr 2024 Land Use Conference

Cathy Meyer Cunningham, Thomson Reuters - New York, NY
Don Knight, Dallas City Attorney's Office - Dallas, TX

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22. Believe It or Not, Ethics do Exist in Land Use! (May 2024)

George E. Hyde

1.00 1.00 0.00 1.00 | 1.00 ethics
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(mp4)
60 mins
(mp3)
60 mins
(pdf)
167 pgs
(pdf)
11 pgs
Session 22 —60 mins
1.00 | 1.00 ethics
Believe It or Not, Ethics do Exist in Land Use! (May 2024)

Come listen and participate in deconstructing ethical dilemmas faced in the land use, development, and economic development practice, from attorneys, elected officials, engineers to planners, all those involved face hurdles one must clear to maintain ethical obligations in the land use space.

Originally presented: Apr 2024 Land Use Conference

George E. Hyde, Hyde Kelley LLP - Austin, TX