University of Texas School of Law
23rd Annual
Land Use Conference
Austin Apr 25-26, 2019 AT&T Conference Center
Conference Concluded
Live Webcast Apr 25-26, 2019
Conference Concluded
Related products:       eConferences       Complete Conference Materials
EVENT SPONSOR
Jackson Walker LLP
SPONSORS
Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
Wilson, Cribbs + Goren, P.C.

UT Law CLE

2019 Land Use Conference

Program Features
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.

UT Law CLE

2019 Land Use Conference

6/24/19
Schedule

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

A quick survey of recent state and federal decisions affecting land use regulation in Texas, including zoning, platting, “takings,” “vested rights” and more.

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

9:15 am

0.50 hr
0.25 hr ethics

Legislative Update

Review pending legislation related to land use issues and other matters important to city and county government.

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

9:45 am

0.75 hr

Redevelopment Challenges

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.

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

10:30 am
Break

10:45 am

0.50 hr

Repurposing Golf Courses: Regulatory and Common Law Challenges

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.

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

11:15 am

0.50 hr

Design Discretion in Entitlements: The Hays St. Bridge Problem

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.

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

11:45 am

0.50 hr

Affordable Housing

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.
 

Diana McIver, The DMA Companies - Austin, TX

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

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.

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

 
1:05 pm
Break

1:20 pm

0.75 hr

Planning and Development Challenges in Small Towns

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.

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

2:05 pm

0.50 hr

Authority of Texas Counties Over Land Use

Discuss how, and to what extent, Texas counties control land use.

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

2:35 pm

0.75 hr

We Can’t Regulate That?

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.

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

3:20 pm
Break

3:30 pm

0.50 hr

Short-Term Rentals

​Address the challenges of the commercial intruder invading your neighborhoods. Hear options for protecting single-family residents and their homes.

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

4:00 pm

0.50 hr

Transacting Municipal Public-Private Partnerships in Texas

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.

Jeff Nydegger, Winstead PC - Austin, TX

4:30 pm

1.00 hr ethics

Me? Biased? The Psychology and Biology of Decision-Making

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.

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

5:30 pm
Adjourn

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

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.

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

9:15 am

1.00 hr

Financing Analysis and Requirements for Economic Development Projects

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.

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

10:15 am
Break

10:30 am

0.50 hr

TX-PACE Stimulates $Millions in Building Retrofits at No Cost to Local Governments

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.

Charlene Heydinger, Texas PACE Authority - Austin, TX

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

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”!

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

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

An examination of changing technology and its effect on land use and transportation planning law.

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

 
12:50 pm
Break

1:05 pm

0.50 hr

Takings: A Case Study in Current Issues

Explore topical issues in inverse condemnation, with an emphasis on pragmatic suggestions to resolving takings disputes. 

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

1:35 pm

0.75 hr

Annexations

Discuss dealing with annexations post SB 6 including public/private cooperation and annexation strategies for Tier 1 and Tier 2 cities.

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

2:20 pm

0.50 hr

What’s Up With Your Right of Way?

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

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

2:50 pm
Break

3:00 pm

0.50 hr

Cell Site Applications in a 5G World: Reconciling State and Federal Rules

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.

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

3:30 pm

1.00 hr ethics

Trying Your Land Use Cases in the Media

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.

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

4:30 pm
Adjourn

UT Law CLE

2019 Land Use Conference

Faculty

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

Terrence S. Welch—Co-Chair
Brown & Hofmeister, L.L.P.
Richardson, TX
Joseph J. Gorfida Jr.—Co-Chair
Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, 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

UT Law CLE

2019 Land Use Conference

Credit Information

MCLE Credit

Texas
15.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
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.  
California
15.00 hrs  |  2.50 hrs Ethics
Additional Information
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.  
Oklahoma
18.00 hrs  |  3.00 hrs Ethics
Additional Information
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.
Other States
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

TX Accounting CPE
18.00 hrs
Additional Information
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.  
TX Real Estate Commission (TREC)
15.00 hrs
Additional Information
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

Texas
15.00 hrs  |  2.50 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law
Additional Information
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.
California
15.00 hrs  |  2.50 hrs Ethics
Additional Information
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.
Oklahoma
18.00 hrs  |  3.00 hrs Ethics
Additional Information
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.
Other States
15.00 hrs  |  2.50 hrs Ethics
Additional Information
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

TX Accounting CPE
18.00 hrs
Additional Information
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.
TX Real Estate Commission (TREC)
15.00 hrs
Additional Information

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.

UT Law CLE

2019 Land Use Conference

Key Dates

Austin

  • Last day for Individual early registration: Apr 17, 2019
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Apr 19, 2019
  • Last day for cancellation (partial refund): Apr 22, 2019
    $50 processing fee applied

Live Webcast

  • Last day for cancellation (full refund): Apr 17, 2019
  • Last day for cancellation (partial refund): Apr 22, 2019
    $50 processing fee applied

UT Law CLE

2019 Land Use Conference

Hotel / Venue

Austin

AT&T Conference Center

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.

UT Law CLE

2019 Land Use Conference

Sponsors