Overview

The 23rd 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.

2019 highlights include:
  • Get case law and legislative updates, including key developments on topics such as zoning, platting, “takings,” and vested rights.
  • Discuss demographics, social and economic characteristics, and trends in major urban areas in Texas and the implications for land value and use.
  • Explore the areas of land use law where the federal government or the state has prohibited or significantly limited municipal regulation.
  • Hear the latest trends in the municipal P3 industry in Texas including a few of the unique constitution, statutory, and practical challenges that local governments face.
  • Examine the changing technology and its effect on land use and transportation planning law.
  • Look at land use issues including right of way creation, state and federal rules regarding cell sites, county authority, short-term rentals, affordable housing, and much more.
Earn up to 15.00 hours of CLE credit, including 2.50 hours of ethics credit, and enjoy networking with your fellow land use professionals.

Come a day early for the Land Use Fundamentals—ideal for new entrants to the field or as a refresher for experienced practitioners.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Apr. 25, 2019
    Presiding Officer:
    Joseph J. Gorfida Jr., Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX
  • 7:30 am
    Austin Only
    Registration Opens

    Includes continental breakfast.
  • 8:20 am
    Welcoming Remarks

  • 8:30 am
    0.75 hr
    0.25 hr ethics
    Land Use Case Law Update

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

    A quick survey of recent state and federal decisions affecting land use regulation in Texas, including zoning, platting, “takings,” “vested rights” and more.
  • 9:15 am
    0.50 hr
    0.25 hr ethics
    Legislative Update

    Snapper Carr, Law Offices of Snapper L. Carr - Austin, TX

    Review pending legislation related to land use issues and other matters important to city and county government.
  • 9:45 am
    0.75 hr
    Redevelopment Challenges

    Moderator:
    William S. Dahlstrom, Jackson Walker LLP - Dallas, TX
    Panelists:
    Michelle D'Andrea, City Of Plano - Plano, TX
    Christina Day, City Of Plano - Plano, TX

    Texas cities face numerous planning, legal, political and development challenges in redevelopment. As Texas cities continue to expand and age, these challenges will increase. Causes include the need to revitalize deteriorating and neglected communities, gentrification, and the desire to attract business. Discuss these challenges and how the City of Plano, which has been characterized as both a ring suburb and an urban area unto itself, has addressed them.
  • 10:30 am
    Break

  • 10:45 am
    0.50 hr
    Repurposing Golf Courses: Regulatory and Common Law Challenges

    Arthur J. Anderson, Winstead PC - Dallas, TX
    Reid C. Wilson, Wilson, Cribbs + Goren, P.C. - Houston, TX

    As more and more golf courses fail and are proposed for redevelopment into alternative uses, nearby landowners and municipalities seek to affect the redevelopment process. This can involve input into the regulatory approval process and/or exercising common law or restrictive covenant rights to maintain the golf course even after the course closes.
  • 11:15 am
    0.50 hr
    Design Discretion in Entitlements: The Hays St. Bridge Problem

    James McKnight, Brown & Ortiz, P.C. - San Antonio, TX

    Property adjacent to the Hays St. Bridge, in downtown San Antonio, would seem to have zoning and other entitlements allowing construction of a multi-family complex. However, San Antonio has implemented design guidelines for downtown projects, which injects a large amount of discretion into the development process, via the Historic and Design Review Commission. This discretion calls into question the nature of zoning entitlements.
  • 11:45 am
    0.50 hr
    Affordable Housing

    Diana McIver, The DMA Companies - Austin, TX

    The major funding tool for affordable housing today is the Housing Tax Credit program. Discuss the Housing Tax Credit program and how it is utilized by developer’s to provide affordable and mixed-income housing for working families and seniors on fixed incomes.
     
  • 12:15 pm
    Austin Only
    Pick Up Lunch

    Included in registration. 
  • Thursday Afternoon, Apr. 25, 2019
    Presiding Officer:
    Ed Walts, The University of Texas System - Austin, TX
  • LUNCHEON PRESENTATION
  • Thank You to Our Luncheon Sponsor
    Jackson Walker LLP


  • 12:35 pm
    0.50 hr
    Demographic Characteristics and Trends in Texas: Implications for Land Use

    Lloyd Potter, UTSA - Texas Demographic Center - San Antonio, TX

    Discuss information on demographic, social and economic characteristics, and trends in Texas with a focus on major urban areas in light of implications for shifts related to land value and use.
  • 1:05 pm
    Break

  • 1:20 pm
    0.75 hr
    Planning and Development Challenges in Small Towns

    Moderator:
    Patty Akers, Akers & Akers, L.L.P. - Austin, TX
    Panelists:
    Lindsey Oskoui, City of Bee Cave - Bee Cave, TX
    John Webb, Town of Prosper - Prosper, TX

    Facilitating development in accordance with local and state laws in small towns is uniquely challenging. Hear how applicants and the town’s planner work in less-structured environments with government officials who often do not possess a shared vision of accommodating growth.
  • 2:05 pm
    0.50 hr
    Authority of Texas Counties Over Land Use

    Ben L. Stool, Dallas County District Attorney's Office - Dallas, TX

    Discuss how, and to what extent, Texas counties control land use.
  • 2:35 pm
    0.75 hr
    We Can’t Regulate That?

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

    Discuss the areas of land use law where the federal government or the state has either prohibited or significantly limited municipal regulation, from pawn shops to gun ranges to cell towers to churches, and lots of things in between.
  • 3:20 pm
    Break

  • 3:30 pm
    0.50 hr
    Short-Term Rentals

    Matthew Boyle, Boyle & Lowry, L.L.P. - Irving, TX

    ​Address the challenges of the commercial intruder invading your neighborhoods. Hear options for protecting single-family residents and their homes.
  • 4:00 pm
    0.50 hr
    Transacting Municipal Public-Private Partnerships in Texas

    Jeff Nydegger, Winstead PC - Austin, TX

    The public-private partnership (P3) has emerged as an effective model in Texas as a means of developing infrastructure, and local governments are no exception. Convention centers, hotels, and courthouses are just a few examples of the projects getting done in Texas using the P3 model. Discuss the latest trends in the municipal P3 industry in Texas, and a few of the unique constitutional, statutory and practical challenges that local governments face today.
  • 4:30 pm
    1.00 hr ethics
    Me? Biased? The Psychology and Biology of Decision-Making

    Claude E. Ducloux, Attorney at Law, LawPay - Austin, TX

    So much of the practice of law, and anyone’s professional duties, involves decision-making, and convincing others to make better decisions based upon fact rather than emotion. Focus on how people involuntarily make decisions and how to recognize and prevent bias as well as how to effectively communicate with persons whose bias affects others.
  • 5:30 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Apr. 26, 2019
    Presiding Officer:
    Hon. Penny Redington, Austin, TX
  • 7:30 am
    Austin Only
    Conference Room Opens

    Includes continental breakfast. 
  • 8:30 am
    0.75 hr
    Qualified Opportunity Zones: The “Dirt” on Tax-Driven Real Estate Development

    Lindsay Dennis, Office of the Governor - Austin, TX
    Brian Dethrow, Jackson Walker LLP - Dallas, TX

    QOZs allow gain rollover and tax-free exit in real estate deals in designated “zones.” Investment in a QOZ increases after-tax rates of return easily by 50% and may drive the real estate economy for years to come. QOZ rules are still developing, but already the dirt is flying.
  • 9:15 am
    1.00 hr
    Financing Analysis and Requirements for Economic Development Projects

    Moderator:
    Dorothy Palumbo, Bojorquez Law Firm, PC - Austin, TX
    Panelists:
    Zachariah T. Evans, McGinnis Lochridge LLP - Austin, TX
    Jason Hughes, Hilltop Securities - Dallas, TX
    Gregory D. Miller, Bickerstaff Heath Delgado Acosta LLP - Austin, TX
    Charles E. Zech, Denton, Navarro, Rocha, Bernal & Zech, P.C. - San Antonio, TX

    Discuss the good, the bad, and the ugly on financing tools and required financial analysis for strategic partnership agreements with Municipal Utility Districts, Public Improvement Districts, Tax Increment Reinvestment Zones, and Green Bond.
  • 10:15 am
    Break

  • 10:30 am
    0.50 hr
    TX-PACE Stimulates $Millions in Building Retrofits at No Cost to Local Governments

    Charlene Heydinger, Texas PACE Authority - Austin, TX

    Learn how businesses are using Property Assessed Clean Energy (PACE) economic development programs to update offices, factories, hotels, malls, mixed use properties, and more. Hear details about the uniform plug and play Texas model program called "PACE in a Box,” the wide range of economic and environmental benefits, the importance of quality underwriting and technical best practices, and successful PACE projects for hotels, factories, office buildings, malls, and mixed use properties in rural and urban Texas.
  • 11:00 am
    0.50 hr
    Texas General Land Office Hurricane Harvey: Texas at Risk
     

    Christa López, Texas General Land Office - Austin, TX

     
  • 11:30 am
    0.50 hr
    Nonconformities

    Brenda N. McDonald, Messer, Rockefeller & Fort, PLLC - Frisco, TX

    Hear a comprehensive discussion of nonconforming uses and structures, and how nonconforming rights may be established, regulated and terminated. Plus a bonus tip: Stop using the term “legal nonconforming”!
  • 12:00 pm
    Austin Only
    Pick Up Lunch

    Included in registration.
  • Friday Afternoon, Apr. 26, 2019
    Presiding Officer:
    Christy Drake-Adams, Texas Municipal League - Austin, TX
  • LUNCHEON PRESENTATION
  • 12:20 pm
    0.50 hr
    Land Use & Future Tech

    Casey Burgess, Dallas City Attorney's Office - Dallas, TX

    An examination of changing technology and its effect on land use and transportation planning law.
  • 12:50 pm
    Break

  • 1:05 pm
    0.50 hr
    Takings: A Case Study in Current Issues

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

    Explore topical issues in inverse condemnation, with an emphasis on pragmatic suggestions to resolving takings disputes. 
  • 1:35 pm
    0.75 hr
    Annexations

    Craig Farmer, FAICP, Municipal Planning Services, LLP - Weatherford, TX
    Rob Killen, Kaufman & Killen, Inc. - San Antonio, TX
    Charles E. Zech, Denton, Navarro, Rocha, Bernal & Zech, P.C. - San Antonio, TX

    Discuss dealing with annexations post SB 6 including public/private cooperation and annexation strategies for Tier 1 and Tier 2 cities.
  • 2:20 pm
    0.50 hr
    What’s Up With Your Right of Way?

    Monte Akers, Akers & Akers, L.L.P. - Austin, TX

    A summary of how municipal streets, alleys, and other rights-of-way are created, utilized, and regulated, including recent developments, franchising issues, and recommendations.
  • 2:50 pm
    Break

  • 3:00 pm
    0.50 hr
    Cell Site Applications in a 5G World: Reconciling State and Federal Rules

    Don Knight, Dallas City Attorneys Office - Dallas, TX
    Gunnar Peterson Seaquist, Bickerstaff Heath Delgado Acosta LLP - Austin, TX

    Review current state and federal rules regarding municipal approval of cell sites in the public ROW and on private property and discuss how to reconcile the rules when they conflict. In addition, get an update on the status of litigation over Texas Local Government Code Chapter 284.
  • 3:30 pm
    1.00 hr ethics
    Trying Your Land Use Cases in the Media

    John G. Browning, Passman & Jones - Dallas, TX

    Legal ethics rules provide specific guidance as to what a lawyer can and cannot say about a pending case. Discuss how those rules work in the age of social media, retweets, and digital counter-punching.
  • 4:30 pm
    Adjourn

Conference Faculty

Monte Akers

Akers & Akers, L.L.P.
Austin, TX

Patty Akers

Akers & Akers, L.L.P.
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Matthew Boyle

Boyle & Lowry, L.L.P.
Irving, TX

Robert F. Brown

Brown & Hofmeister, L.L.P.
Richardson, TX

John G. Browning

Passman & Jones
Dallas, TX

Casey Burgess

Dallas City Attorney's Office
Dallas, TX

Snapper Carr

Law Offices of Snapper L. Carr
Austin, TX

Michelle D'Andrea

City Of Plano
Plano, TX

William S. Dahlstrom

Jackson Walker LLP
Dallas, TX

Christina Day

City Of Plano
Plano, TX

Lindsay Dennis

Office of the Governor
Austin, TX

Brian Dethrow

Jackson Walker LLP
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Claude E. Ducloux

Attorney at Law, LawPay
Austin, TX

Zachariah T. Evans

McGinnis Lochridge LLP
Austin, TX

Craig Farmer, FAICP

Municipal Planning Services, LLP
Weatherford, TX

Charlene Heydinger

Texas PACE Authority
Austin, TX

Jason Hughes

Hilltop Securities
Dallas, TX

Rob Killen

Kaufman & Killen, Inc.
San Antonio, TX

Don Knight

Dallas City Attorneys Office
Dallas, TX

Christa López

Texas General Land Office
Austin, TX

Brenda N. McDonald

Messer, Rockefeller & Fort, PLLC
Frisco, TX

Diana McIver

The DMA Companies
Austin, TX

James McKnight

Brown & Ortiz, P.C.
San Antonio, TX

Gregory D. Miller

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Jeff Nydegger

Winstead PC
Austin, TX

Lindsey Oskoui

City of Bee Cave
Bee Cave, TX

Dorothy Palumbo

Bojorquez Law Firm, PC
Austin, TX

Lloyd Potter

UTSA - Texas Demographic Center
San Antonio, TX

Gunnar Peterson Seaquist

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Ben L. Stool

Dallas County District Attorney's Office
Dallas, TX

John Webb

Town of Prosper
Prosper, TX

Terrence S. Welch

Brown & Hofmeister, L.L.P.
Richardson, TX

Reid C. Wilson

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

Charles E. Zech

Denton, Navarro, Rocha, Bernal & Zech, P.C.
San Antonio, TX

Planning Committee

Joseph J. Gorfida Jr.—Co-Chair

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

Terrence S. Welch—Co-Chair

Brown & Hofmeister, L.L.P.
Richardson, TX

April Rogers—Director

The University of Texas School of Law
Austin, TX

Patty Akers

Akers & Akers, L.L.P.
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Barbara A. Boulware-Wells

The Knight Law Firm, LLP
Austin, TX

Prabha Cinclair

Miklos Cinclair, PLLC
Farmers Branch, TX

William S. Dahlstrom

Jackson Walker LLP
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Christy Drake-Adams

Texas Municipal League
Austin, TX

Julie Y. Fort

Messer, Rockefeller & Fort, PLLC
Frisco, TX

Rob Killen

Kaufman & Killen, Inc.
San Antonio, TX

Kathryn A. Lumpkin

Bickerstaff Heath Delgado Acosta LLP
Austin, TX

Charlie F. McNabb

City of Georgetown
Georgetown, TX

Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Kimberley Mickelson

City of Houston Legal Department
Houston, TX

Dorothy Palumbo

Bojorquez Law Firm, PC
Austin, TX

Melinda Ramos

City of Fort Worth
Fort Worth, TX

Hon. Penny Redington

Austin, TX

Peter G. Smith

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

E. Allen Taylor Jr.

Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
Fort Worth, TX

Misty M. Ventura

Shupe Ventura, PLLC
Dallas, TX

Ed Walts

The University of Texas System
Austin, TX

Reid C. Wilson

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

Charles E. Zech

Denton, Navarro, Rocha, Bernal & Zech, P.C.
San Antonio, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
Please use the course approval number listed for this conference to self-report your ACE Appraiser credit to TALCB. For more information, visit: https://www.talcb.texas.gov/
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.
MCLE Credit
UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.
Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.
The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion .

MCLE credit is presented based on a 60-minute credit hour.
Other Credit
The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and are presumptively approved by the Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
Please use the course approval number listed for this conference to self-report your ACE Appraiser credit to TALCB. For more information, visit: https://www.talcb.texas.gov/

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance once you complete the course.

Key Dates

Austin – Apr 25-26, 2019 – AT&T Conference Center
Conference Concluded
Live Webcast – Apr 25-26, 2019
Conference Concluded
Buy
Austin
Last day for Individual early registration: Apr 17, 2019

Add $50 for registrations received after this time

Last day for Group (5 registrants minimum) early registration: Apr 17, 2019

Add $50 for registrations received after this time

Last day for Group (10 registrants minimum) early registration: Apr 17, 2019

Add $50 for registrations received after this time

Last day for cancellation (full refund): Apr 19, 2019

$50 processing fee applied after this date

Last day for cancellation: Apr 22, 2019
Live Webcast
Last day for cancellation (full refund): Apr 17, 2019

$50 processing fee applied after this date

Last day for cancellation: Apr 22, 2019

Venue

speaker

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

Special Room Rate: $189 good through March 26, 2019 (subject to availability).

Book your room online here or call the reservations department at 877-744-8822 and reference the  2019 Land Use Conference. The reservations link will be active until the room block is full or the cutoff date of 3/26/19, whichever comes first. 

Parking Information

Extremely limited daily self-parking will be validated for the AT&T Conference Center garage or surrounding UT garages. Please note Dobie is not a UT garage and parking cannot be validated. Separate fees apply for valet and overnight parking.

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