University of Texas School of Law
24th Annual
Land Use Conference
Live Webcast Apr 23-24, 2020
$495 Individual
$445 Group (5-9 ppl)
$395 Group (10 or more ppl)
Related products: eConferences, Materials
UPDATE:

In response to current events, UT Law CLE has suspended the live, in-person 24th Annual Land Use Conference and Fundamentals program. We are working on providing an alternative format for the program that will enable currently registered attendees to meet their MCLE requirements. We will notify all participants via email and will post regular updates on our website regarding this conference. Please contact our Customer Service Team at service@utcle.org if you have specific questions or need additional information.
EVENT SPONSOR
Jackson Walker
SPONSORS
Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.

UT Law CLE

2020 Land Use Conference

Program Features
 
The 24th 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.

2020 highlights include:
  • Get case law and legislative updates, including key developments on topics such as zoning, platting, “takings,” and vested rights.
  • Hear specific updates and insights on the impacts of HB2439.
  • Overview of incentive zoning and how this tool can be used to encourage affordable housing and other areas of public good.
  • The pros and cons of using PIDs and MUDs to finance public infrastructure required for new development.
  • Address what authority is left for annexation after the adoption of HB 347.
  • Get answers to your frequently—and sometimes infrequently—asked questions at the Ask the Experts panel.
Earn up to 14.50 hours of CLE credit, including 2.75 hours of ethics credit, and enjoy networking with your fellow land use professionals.
Following the conference, attendees will receive a bonus eSupplement containing up to an additional 0.50 hour of MCLE (including 0.25 hour of ethics) to ensure practitioners can earn their required 15.00/3.00 Texas MCLE hours for the year.

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

2020 Land Use Conference

3/28/20
Schedule

Thursday Morning, Apr. 23, 2020

Presiding Officer:
Joseph J. Gorfida Jr., Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX

7:30 am

Austin - CANCELLED Only

Registration Opens

Includes continental breakfast.

8:20 am
Welcoming Remarks

8:30 am

0.75 hr
0.25 hr ethics

New Land-Use Cases

A reasonably quick survey of key Texas and federal cases affecting zoning, platting, taking, permitting, vesting, etc.

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

9:15 am

0.50 hr
0.25 hr ethics

Legislative Update

An overview of significant laws affecting real estate enacted by the 86th Texas legislature. Hear a discussion of the final report of the session, prepared by the real estate legislative affairs committee of the REPTL section of the State Bar of Texas.

Richard A. Crow, Schlanger Silver, LLP - Houston, TX

9:45 am

0.75 hr

HB2439 Panel

Examine HB 2439, effective September 1, 2019, which requires a governmental entity to allow the use or installation of a building product or material used in construction that is or has been a part of a national model code published within the last 3 cycles and determine the background and reasons for the statute, implementation (or ways to adapt) by cities and whether it “works”.

Moderator:
Barbara A. Boulware-Wells, The Knight Law Firm, LLP - Austin, TX
Panelists:
Judge Platt, Platt Cheema Richmond PLLC - Dallas, TX
Stacy Snell, City Of New Braunfels - New Braunfels, TX
Susan Wright, Susan Wrights & Associates - San Antonio, TX

10:30 am
Break

10:45 am

0.50 hr

Incentive Zoning and Affordable Housing

An overview of incentive zoning and how this tool can be used to encourage affordable housing and other areas of public good.

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

11:15 am

0.50 hr

Park Land Dedication

Explore the Dallas park land dedication experience including issues, ordinances, and coalitions.

Bertram Vandenberg, Dallas City Attorney's Office - Dallas, TX

11:45 am

0.50 hr

Development Agreements from Both Sides

A review of development agreements from both the development side and the government side.

Robert James Miklos, Miklos Cinclair Law, PLLC - Farmers Branch, TX

12:15 pm

Austin - CANCELLED Only

Pick Up Lunch

Included in registration.

Thursday Afternoon, Apr. 23, 2020

Presiding Officer:
Hon. Penny Redington, Austin, TX

Luncheon Presentation

Thank You to Our Luncheon Sponsor

Jackson Walker LLP

12:35 pm

0.50 hr

Protecting that Elusive Community Character: What Can We Still Do?

The planner’s toolbox for shaping and protecting community character has undergone some dramatic shifts in recent years, especially in Texas, where the legislature has curtailed the use of once-standard approaches. What’s the current status of some of our most effective placemaking tools? Who’s doing a good job defining and protecting that elusive “community character”? Take a look at the current state of form-based codes, historic preservation, design review, and other placemaking tools to explore what’s been effective, what’s changed, and what’s on the horizon in this new legal landscape.

Matthew Goebel, Clarion Associates - Denver, CO

 
1:05 pm
Break

1:20 pm

0.75 hr

Financing and Special Districts Panel

The pros and cons of using PIDs and MUDs to finance public infrastructure required for new development.

Moderator:
Dorothy Palumbo, Bojorquez Law Firm, PC - Austin, TX
Panelists:
R. R. "Tripp" Davenport III, FMSbonds, Inc. - Dallas, TX
Jason Hughes, Hilltop Securities - Dallas, TX
Jason Laumer, City of Celina - Celina, TX
Misty Ventura, Shupe Ventura, PLLC - Dallas, TX

2:05 pm

0.50 hr

Senate Bill 2 the Slow Death of Chapter 380 Agreements: The Impact of Senate Bill 2 on Funding Economic Development Incentives

The passage of Senate Bill 2 and the calculation of the Maximum Tax Rate for local property taxes may impact how local government funds economic development incentives and the selection of the economic development tools to incentivize new and expanding business enterprises. Cities may have to rely on traditional tax abatement agreements and Tax Increment Financing Districts rather than Chapter 380 agreements to fund incentives and rely more on the local Type A and B corporations for participation.

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

2:35 pm

0.50 hr

Hot Topics

After the last legislative session, there are new zoning issues to discuss, including "do agreements about construction materials constitute contract zoning?"; issues that have not gone away, such as "what is Texas law on short-term rentals?"; regulations that still remain tough to enforce, like home-based businesses; and a few other land use issues of which practitioners should be aware.

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

3:05 pm
Break

3:15 pm

0.50 hr

Mother May I?: Annexation after HB 347 

What’s left of annexation other than playing in the MUD? HB 347 dramatically changed the landscape for annexation. The scope of authority to annex without a vote has been severely limited. Address what authority is left for annexation after the adoption of HB 347.

Charles E. Zech, Denton, Navarro, Rocha, Bernal & Zech, P.C. - Austin, TX

3:45 pm

0.50 hr

Environmental Issues Impacting Land Use and Development in 2020

Review of new developments in environmental law, including the new-for-2020 WOTUS rule, MS4 permits, and renewable energy.

John Mark McPherson, McPherson LawFirm, PC - Dallas, TX

4:15 pm

1.00 hr ethics

Client Relations and Doing Business with Clients:  How Far is Too Far?

An overall examination of fiduciary duty, client relations, grievance avoidance and issues which arise when doing business with clients.

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

5:15 pm
Adjourn

Friday Morning, Apr. 24, 2020

Presiding Officer:
Christy Drake-Adams, Texas Municipal League - Austin, TX

7:30 am

Austin - CANCELLED Only

Conference Room Opens

Includes continental breakfast.

8:30 am

0.50 hr

Signs and Other Forms of Expression: Content Neutrality in the Post-Reed Era

Local governments struggle to understand the ultimate outcome of regulating signs and other areas affected by Reed v. Gilbert. Many areas may in fact be unaffected or slightly so, but much legal development will continue to challenge both government and private sector practitioners.

Julian Grant, Thomson Reuters - Georgetown, TX

9:00 am

0.50 hr

Energy Exploration: Consideration in Land Use

Increased oil, gas, and other energy exploration is a large driver of land use change. The fact that the surface estate and mineral estate can be owned individually and that the mineral estate is dominate can cause significant development issues to arise. Discuss some of the relevant issues such as the accommodation doctrine, mineral subdivisions, and issues to be discussed during negotiations.

Jamie Lavergne Bryan, K&L Gates LLP - Fort Worth, TX
Rory Hatch, K&L Gates LLP - Houston, TX

9:30 am

0.50 hr

Water/Wastewater CCNs (Certificates of Convenience and Necessity)

Learn if these state-regulated service areas protect utility planning and budgeting, if they ensure service to landowners, and if they treat landowners fairly.

Michael A. Gershon, Lloyd Gosselink, P.C. - Austin, TX

10:00 am

0.50 hr

Responding to Knick

Last summer, the U.S. Supreme Court issued its decision in Knick v. Township of Scott, Pennsylvania, overruling takings precedents stretching back to the late 1800s by holding that land use litigants no longer need to seek compensation under state takings law in order to ripen their federal takings claims. Review the practical impacts of Knick to Texas litigants, and address the factors that should be considered by land-use litigants in deciding whether to try a takings claim in state or federal court.    

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

10:30 am
Break

10:45 am

0.75 hr

Beyond Boundaries: Land Use in the ETJ

How does the drastic reduction of annexation powers change regulation of land use in the ETJ? In the past, cities may have exercised regulatory power in their ETJs with the assumption that those areas would someday be within city limits and used annexation power to bring already developed areas into their city limits. If that is no longer true, should cities continue to exert regulatory power in their ETJ? Examine how this shifts the negotiation of 1445s between cities and counties.  

Matthew J. Festa, South Texas College of Law Houston - Houston, TX
Daniele Skye Masson, City of Georgetown - Georgetown, TX
Russell H. Roden, Dallas County Criminal District Attorney’s Office, Civil Division - Dallas, TX

11:30 am

0.75 hr

Creating a Destination: Economic Development

Place-making has become the norm, not the exception. Nevertheless, destination-focused economic development initiatives are not always effective in terms of initial defined outcomes.  Explore the key principles and examples of ‘details matter’ elements for successful projects.

Moderator:
William S. Dahlstrom, Jackson Walker LLP - Dallas, TX
Panelists:
Karen M. Kennard, Greenberg Traurig, LLP - Austin, TX
Tommy Ludwig, City of Waxahachie - Waxahachie, TX
Scott Polikov, Gateway Planning & GP Development - Dallas, TX

12:15 pm

Austin - CANCELLED Only

Pick Up Lunch

Included in registration.

Friday Afternoon, Apr. 24, 2020

Presiding Officer:
Ed Walts, The University of Texas System - Austin, TX

Luncheon Presentation

12:35 pm

0.75 hr

Climate Action Planning: A San Antonio Case Study

As the impacts of climate change continue to accelerate, local governments are on the front line of the development of policies and programs to mitigate and adapt to impacts. Adopted in October 2020, SA Climate Ready is San Antonio’s  first Climate Action and Adaptation Plan that sets a target of carbon neutrality by 2050 and not only provides policy direction for attaining this goal, but an adaptation framework to prepare the community for a rapidly changing climate.

Douglas Melnick, City of San Antonio - San Antonio, TX

 
1:20 pm
Break

1:35 pm

0.75 hr

HB3167: What Cities and Developers Need to Know About the New Platting Shot Clock

In 2019 the Texas Legislature changed the rules for the plat approval timeline. Cities and developers need to understand the far-ranging impact that these new rules could have on the development process.

Rob Killen, Attorney at Law - San Antonio, TX
Melinda Ramos, City of Fort Worth - Fort Worth, TX

2:20 pm

0.75 hr
0.25 hr ethics

Ask the Experts

Get answers to your frequently—and sometimes infrequently—asked questionsPlease submit your questions in advance to ConferenceQA@utcle.org or on-site at the conference registration desk.

Moderator:
Arthur J. Anderson, Winstead PC - Dallas, TX
Panelists:
Paige A. Mims, City of Plano - Plano, TX
Ryan D. Pittman, Abernathy, Roeder, Boyd & Hullett, P.C. - McKinney, TX
Brad R. Williams, Winstead PC - Dallas, TX

3:05 pm

1.00 hr ethics

Fear the Walking Quorum: TOMA Penalties Return from the Dead

Understanding changes to the Open Meetings Act’s criminal provisions regarding walking quorums, and the ethical implications for attorneys.

Ross Fischer, Ross Fischer Law, PLLC - Dripping Springs, TX

4:05 pm
Adjourn

UT Law CLE

2020 Land Use Conference

Faculty

Conference Faculty

Arthur J. Anderson
Winstead PC
Dallas, TX
Barbara A. Boulware-Wells
The Knight Law Firm, LLP
Austin, TX
Robert F. Brown
Brown & Hofmeister, L.L.P.
Richardson, TX
Jamie Lavergne Bryan
K&L Gates LLP
Fort Worth, TX
Casey Burgess
Dallas City Attorney's Office
Dallas, TX
Richard A. Crow
Schlanger Silver, LLP
Houston, TX
William S. Dahlstrom
Jackson Walker LLP
Dallas, TX
R. R. "Tripp" Davenport III
FMSbonds, Inc.
Dallas, TX
James L. Dougherty Jr.
Attorney at Law
Houston, TX
Claude E. Ducloux
Attorney at Law
Austin, TX
Matthew J. Festa
South Texas College of Law Houston
Houston, TX
Ross Fischer
Ross Fischer Law, PLLC
Dripping Springs, TX
Michael A. Gershon
Lloyd Gosselink, P.C.
Austin, TX
Matthew Goebel
Clarion Associates
Denver, CO
Julian Grant
Thomson Reuters
Georgetown, TX
Rory Hatch
K&L Gates LLP
Houston, TX
Jason Hughes
Hilltop Securities
Dallas, TX
Karen M. Kennard
Greenberg Traurig, LLP
Austin, TX
Rob Killen
Attorney at Law
San Antonio, TX
Jason Laumer
City of Celina
Celina, TX
Tommy Ludwig
City of Waxahachie
Waxahachie, TX
Daniele Skye Masson
City of Georgetown
Georgetown, TX
John Mark McPherson
McPherson LawFirm, PC
Dallas, TX
Douglas Melnick
City of San Antonio
San Antonio, TX
Robert James Miklos
Miklos Cinclair Law, PLLC
Farmers Branch, TX
Paige A. Mims
City of Plano
Plano, TX
Dorothy Palumbo
Bojorquez Law Firm, PC
Austin, TX
Ryan D. Pittman
Abernathy, Roeder, Boyd & Hullett, P.C.
McKinney, TX
Judge Platt
Platt Cheema Richmond PLLC
Dallas, TX
Scott Polikov
Gateway Planning & GP Development
Dallas, TX
Melinda Ramos
City of Fort Worth
Fort Worth, TX
Russell H. Roden
Dallas County Criminal District Attorney’s Office, Civil Division
Dallas, TX
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX
Stacy Snell
City Of New Braunfels
New Braunfels, TX
Bertram Vandenberg
Dallas City Attorney's Office
Dallas, TX
Misty Ventura
Shupe Ventura, PLLC
Dallas, TX
Terrence S. Welch
Brown & Hofmeister, L.L.P.
Richardson, TX
Brad R. Williams
Winstead PC
Dallas, TX
Susan Wright
Susan Wrights & Associates
San Antonio, TX
Charles E. Zech
Denton, Navarro, Rocha, Bernal & Zech, P.C.
Austin, 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
Patricia A. Adams
Messer, Fort & McDonald
Frisco, TX
Patty Akers
Messer, Fort & McDonald
Austin, TX
Arthur J. Anderson
Winstead PC
Dallas, TX
Alan J. Bojorquez
Bojorquez Law Firm, PC
Austin, TX
Barbara A. Boulware-Wells
The Knight Law Firm, LLP
Austin, TX
Prabha Cinclair
Miklos Cinclair, PLLC
Farmers Branch, TX
Tad Holland Cleaves
Bojorquez Law Firm, PC
Austin, 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
David Hartman
Smith Robertson LLP
Austin, TX
Omar Izfar
Wilson, Cribbs + Goren, P.C.
Houston, TX
Rob Killen
Attorney at Law
San Antonio, TX
Tommy Ludwig
City of Waxahachie
Waxahachie, TX
Charlie F. McNabb
City of Georgetown
Georgetown, TX
John Mark McPherson
McPherson LawFirm, PC
Dallas, 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 Ventura
Shupe Ventura, PLLC
Dallas, TX
Ed Walts
The University of Texas System
Austin, TX
Charles E. Zech
Denton, Navarro, Rocha, Bernal & Zech, P.C.
Austin, TX

UT Law CLE

2020 Land Use Conference

Credit Information

MCLE Credit

Texas
14.50 hrs  |  2.75 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
14.50 hrs  |  2.75 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
17.50 hrs  |  3.50 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
17.50 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)
14.50 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
14.50 hrs  |  2.75 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
14.50 hrs  |  2.75 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
17.50 hrs  |  3.50 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
14.50 hrs  |  2.75 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
17.50 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)
14.50 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

2020 Land Use Conference

Key Dates

Live Webcast

  • Last day for cancellation (full refund): Apr 17, 2020
  • Last day for cancellation (partial refund): Apr 20, 2020
    $50 processing fee applied

UT Law CLE

2020 Land Use Conference

Hotel / Venue

UT Law CLE

2020 Land Use Conference

Sponsors