27^th Annual

Land Use Conference

Austin Apr 20-21, 2023 DoubleTree by Hilton Hotel Austin
Conference Concluded

Live Webcast Apr 20-21, 2023
Conference Concluded

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Related products: eConference Materials

EVENT SPONSOR

SPONSORS
Bojorquez Law Firm, PC
Jackson Walker
Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.

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Overview

The 27th 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.
2023 highlights include:

Two-part case law updates, including key developments on topics such as zoning, platting, “takings,” and vested rights.
Updates from the 88^th Legislative Session and how pending bills will impact land use regulation.
Affordable Housing: Regulation of Single-Family Lots to Increase and Preserve Affordable Housing
Partnerships with Public Facility Corporations: A Good Tool for Affordable Housing?
A look at the impacts of water on land use in two sessions Too Little Water: Water Supply Considerations in Land Use and Too Much Water: How Water Shapes Urban Land Use

Following the conference, attendees will receive a bonus eSupplement to ensure practitioners can earn their required 15.00/3.00 Texas MCLE hours for the year.

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

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1 April 20, 2023
Day 2 April 21, 2023

Time

Credit

Subject

Speaker
Thursday Morning
Presiding Officer:
Melinda Ramos, City of Fort Worth - Fort Worth, TX
7:30 am
Austin Only

Registration Opens

Includes continental breakfast.
8:20 am

Welcoming Remarks
8:30 am

0.50 hr

Land Use Case Updates: Part 1

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

James L. Dougherty Jr., Attorney at Law - Houston, TX
9:00 am

0.50 hr

Enforcement of Development Agreements

Can second thoughts get you out of a bad deal?

Arthur J. Anderson, Winstead PC - Dallas, TX
9:30 am

0.75 hr

Cruel and Unusual Sentences: Tips for Improving Your Ordinance Drafting

Drafting ordinances (and other legal documents) can often be a challenge. This session provides guidance on how to improve your drafting skills.

Christopher D. Bowers, The Suster Law Group, PLLC - Plano, TX
10:15 am

15-Minute Break
10:30 am

0.75 hr

Adoption of Public Improvement District Policies

Public Improvement Districts have allowed cities and counties to support new development by offering a financing mechanism for public infrastructure and other improvements. This panel discusses policy considerations for potential PIDs, examples of PID creation guidelines and insights into negotiations with developers.

Rob Killen, Killen, Griffin & Farrimond - San Antonio, TX
Dorothy Palumbo, Bojorquez Law Firm, PC - Austin, TX
11:15 am

0.75 hr

Win-Win: Roundtable Discussion of Economic Development Success Stories

Panelists discuss the use of various tools, including incentives and special districts, and highlight projects that have been wins for the city and/or county and the development.

Rob Killen, Killen, Griffin & Farrimond - San Antonio, TX
Sarah Landiak, Winstead PC - Dallas, TX
Tyler Wallach, Fort Worth City Attorney's Office - Fort Worth, TX
12:00 pm
Austin Only

Pick up Lunch (in Austin)
Thursday Afternoon
Presiding Officer:
Barbara A. Boulware-Wells, The Knight Law Firm, LLP - Austin, TX
LUNCHEON PRESENTATION
Thank You to Our Luncheon Sponsor
12:20 pm

0.50 hr

Legislative Update

With the 88th Regular Legislative Session still in full swing, this session reviews pending bills and their implications for land use regulation.

Tad Holland Cleaves, Texas Municipal League - Austin, TX
12:50 pm

15-Minute Break
1:05 pm

1.00 hr

Affordable Housing: Land Use Regulation to Increase and Preserve Affordable Housing

Recently a small group of cities and several entire states have done the unthinkable: they've bucked a century of US planning practice and have begun to allow smaller, cheaper housing units to be built on single-family lots. Texas cities are contemplating doing something similar, will housing affordability for residents of such neighborhoods be helped or harmed?

Moderator:
Jake Wegmann, The University of Texas at Austin - Austin, TX
Panelists:
Awais Azhar, The University of Texas at Austin - Austin, TX
Nicole Joslin, Capital A Development - Austin, TX
Zachary Krochtengel, Armory Square Development - Dallas, TX
2:05 pm

0.75 hr

Single Family For Rent Developments

What they are? Just a “new” type of multi-family development? Why we are seeing them? Single family for rent developments are becoming more popular in satisfying the ever increasing demand and filling the ever decreasing housing supply for “renters-by-choice”, starter homes, attainable housing, and the “missing middle” housing. This session presents the typical regulatory challenges faced by cities and developers and best practices for developing and regulating Single Family-for-Rent developments.

William S. Dahlstrom, Jackson Walker LLP - Dallas, TX
Luke Franz, Jackson Walker LLP - Dallas, TX
Colton Katzen, Urban Moment - Austin, TX
2:50 pm

10-Minute Break
3:00 pm

1.00 hr ethics

Negotiating for the Public Good

Like diamonds, cities are forever, your LLC will come and go.

J. Grady Randle, Randle Law Office Ltd., L.L.P. - Houston, TX
Reid Wilson, Wilson, Cribbs + Goren, P.C. - Houston, TX
4:00 pm

0.50 hr

Parkland Dedications and More

An overview and update of local practices, landowner reactions, and court decisions for public use exactions, dedications, and fees-in-lieu-of.

Kimberley Mickelson, City of Houston Legal Department - Houston, TX
4:30 pm

0.75 hr

Challenges of Development From a Landowner’s Perspective: Established Municipalities Versus Growing Municipalities

Development in growing cities presents issues that can be challenging and vary greatly from development in cities that are established. There are common themes to development in both established and growing cites that are handled in the same manner. The panel, made up of stakeholders and representatives of landowners, discusses these differences and similarities.

Moderator:
Prabha Cinclair, Cinclair Law - Farmers Branch, TX
Panelists:
Justin Belmore, Meritage Homes Corporation - Austin, TX
John Land, North Shore Solutions, LLC - Mount Pleasant, TX
Seth Mearig, BGE, Inc. - Austin, TX
5:15 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning
Presiding Officer:
Charles E. Zech, Denton, Navarro, Rocha, Bernal & Zech, P.C. - Austin, TX
7:30 am
Austin Only

Conference Room Opens

Includes continental breakfast.
8:30 am

0.75 hr

Panel from the Fastest Growing Cities: Challenges with the Pace of Development

Entitlements, utilities, planning and more, this panel of city leaders shares their experiences addressing the challenges of growth and working to capitalize on opportunities for their communities.

James Earp, City of Hutto - Hutto, TX
David Morgan, City of Georgetown - Georgetown, TX
Aaron Reed, City of Dripping Springs - Dripping Springs, TX
9:15 am

0.50 hr

Land Use Case Updates: Part 2

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

James L. Dougherty Jr., Attorney at Law - Houston, TX
9:45 am

1.00 hr

Partnerships with Public Facility Corporations: A Good Tool for Affordable Housing?

Private partnerships with public facility corporations—and the generous tax breaks they provide—can be a tool for generating affordable housing in Texas. But these partnerships also present numerous pitfalls. This panel explores these pitfalls and how they can be addressed, what local jurisdictions should look out for, and the latest developments at the state capitol to reform this tool.

Moderator:
Skye Masson, City of Georgetown - Georgetown, TX
Panelists:
Cynthia L. Bast, Locke Lord LLP - Austin, TX
Heather K. Way, The University Of Texas School Of Law - Austin, TX
10:45 am

15-Minute Break
11:00 am

0.50 hr

When Does an Emergency Police Power Constitute an Unconstitutional Taking of Property?

Over 40 years ago, the Texas Supreme Court articulated the “Doctrine of Necessity” as a defense to takings claims that arise from the government’s response to emergency situations like natural disasters, and for police tactics that destroy or damage property to apprehend suspected criminals. What are the parameters of this defense? When the state acts pursuant to its police power, rather than the power of eminent domain, can those actions constitute a taking? When does a tort rise to a level to be considered a taking? This presentation explores these concepts.

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX
11:30 am

0.50 hr

Hot Topics

This presentation addresses the evolving nature of short-term rentals, from property rentals to pool, tennis court and kitchen rentals; poker clubs and the fight in Dallas; and ongoing issues with ETJ. Is it worth it to keep it or should a city release all of its ETJ? These and other cutting edge topics will be addressed.

Terrence S. Welch, Brown & Hofmeister, L.L.P. - Richardson, TX
12:00 pm

0.50 hr

General Utilities Updates in Land Use

Discussion of relevant changes in legislation, policy, and regulation of utilities in Texas and how it affects the use and development of land throughout the state.

Cody Faulk, Spencer Fane - Austin, TX
12:30 pm
Austin Only

Pick Up Lunch (In Austin)
Friday Afternoon
Presiding Officer:
Ed Walts, Dallas, TX
LUNCHEON PRESENTATION
Thank You to Our Luncheon Sponsor
12:50 pm

0.50 hr ethics

Ethics Commission Form 1295 Certificate of Interested Parties in light of Legacy Hutto, LLC v. City of Hutto, Texas & City of Hutto v. Wolverine Interests, LLC: A Lesson and Shift in Texas Local Government Contracting.

Texas common law on government contracting places burdens on those contracting to know what laws apply and to follow them “at their peril”. what happens when one doesn’t? Come find out!

George E Hyde, Hyde Kelley LLP - Austin, TX
1:20 pm

15-Minute Break
1:35 pm

0.75 hr

Too Little Water: Water Supply Considerations in Land Use

A survey of water supply and demand conditions in Texas, including implications for water-short areas and TWDB financing to increase supplies.

Robert E. Mace, The Meadows Center for Water and the Environment at Texas State University - San Marcos, TX
L'Oreal W. Stepney, Texas Water Development Board - Austin, TX
2:20 pm

0.75 hr

Too Much Water: How Water Shapes Urban Land Use

Climate change has and will continue to increase short-term rainfall events generating all types of legal issues from flood plain mapping and regulation to internal drainage design of chemical plants and landfills as well as foreseeability issues in common law damages litigation. Design of the future must make room for the water and so will the legal system as flooding becomes a more dominant force in shaping urban form in the 21st century.

Jim Blackburn, Rice University - SSPEED Center - Houston, TX
3:05 pm

Adjourn

Day 1 April 20, 2023
Day 2 April 21, 2023

Download Schedule

Conference Faculty

Arthur J. Anderson

Winstead PC
Dallas, TX

Awais Azhar

The University of Texas at Austin
Austin, TX

Cynthia L. Bast

Locke Lord LLP
Austin, TX

Justin Belmore

Meritage Homes Corporation
Austin, TX

Jim Blackburn

Rice University - SSPEED Center
Houston, TX

Christopher D. Bowers

The Suster Law Group, PLLC
Plano, TX

Robert F. Brown

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

Prabha Cinclair

Cinclair Law
Farmers Branch, TX

Tad Holland Cleaves

Texas Municipal League
Austin, TX

William S. Dahlstrom

Jackson Walker LLP
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

James Earp

City of Hutto
Hutto, TX

Cody Faulk

Spencer Fane
Austin, TX

Luke Franz

Jackson Walker LLP
Dallas, TX

George E Hyde

Hyde Kelley LLP
Austin, TX

Nicole Joslin

Capital A Development
Austin, TX

Colton Katzen

Urban Moment
Austin, TX

Rob Killen

Killen, Griffin & Farrimond
San Antonio, TX

Zachary Krochtengel

Armory Square Development
Dallas, TX

John Land

North Shore Solutions, LLC
Mount Pleasant, TX

Sarah Landiak

Winstead PC
Dallas, TX

Robert E. Mace

The Meadows Center for Water and the Environment at Texas State University
San Marcos, TX

Skye Masson

City of Georgetown
Georgetown, TX

Seth Mearig

BGE, Inc.
Austin, TX

Kimberley Mickelson

City of Houston Legal Department
Houston, TX

David Morgan

City of Georgetown
Georgetown, TX

Dorothy Palumbo

Bojorquez Law Firm, PC
Austin, TX

J. Grady Randle

Randle Law Office Ltd., L.L.P.
Houston, TX

Aaron Reed

City of Dripping Springs
Dripping Springs, TX

L'Oreal W. Stepney

Texas Water Development Board
Austin, TX

Tyler Wallach

Fort Worth City Attorney's Office
Fort Worth, TX

Heather K. Way

The University Of Texas School Of Law
Austin, TX

Jake Wegmann

The University of Texas at Austin
Austin, TX

Terrence S. Welch

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

Reid Wilson

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

Planning Committee

Tad Holland Cleaves—Co-Chair

Texas Municipal League
Austin, TX

Melinda Ramos—Co-Chair

City of Fort Worth
Fort Worth, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Barbara A. Boulware-Wells

The Knight Law Firm, LLP
Austin, TX

Prabha Cinclair

Cinclair Law
Farmers Branch, TX

William S. Dahlstrom

Jackson Walker LLP
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Julie Y. Fort

Messer, Fort & McDonald, PLLC
Frisco, TX

Joseph J. Gorfida Jr.

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

David Hartman

DuBois, Bryant & Campbell, L.L.P.
Austin, TX

Rob Killen

Killen, Griffin & Farrimond
San Antonio, TX

Skye Masson

City of Georgetown
Georgetown, TX

Bryn Meredith

Tayor, Olson, Adkins, Sralla & Elam, LLP
Fort Worth, TX

Kimberley Mickelson

City of Houston Legal Department
Houston, TX

Dorothy Palumbo

Bojorquez Law Firm, PC
Austin, TX

April Rogers

The University of Texas School of Law
Austin, TX

Ed Walts

Dallas, TX

Terrence S. Welch

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

Reid Wilson

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

Charles E. Zech

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

MCLE Credit

Texas – 13.50 hrs | 1.50 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Property Owners Association Law, Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Monday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com

California – 13.50 hrs | 1.50 hrs Ethics

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 must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 16.00 hrs | 2.00 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Pennsylvania – 13.50 hrs | 1.50 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 13.50 hrs | 1.50 hrs Ethics

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.

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

TX Accounting CPE – 16.00 hrs

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 are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. 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.

TX Professional Engineer – 13.50 hrs

This course will qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please see the education form log below to keep track of your credits in the case of an audit. When you select this credit type in the webcast, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/downloads/TBPE_CEP_Log.pdf

TX Real Estate Commission (TREC) – 13.50 hrs

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 – 13.50 hrs | 1.50 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Property Owners Association Law, Real Estate Law

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 – 13.50 hrs | 1.50 hrs Ethics

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 – 16.00 hrs | 2.00 hrs Ethics

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.

Pennsylvania – 13.50 hrs | 1.50 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 13.50 hrs | 1.50 hrs Ethics

Note on Self-Reporting Your Credits in Another State

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

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 – 16.00 hrs

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.

TX Professional Engineer – 13.50 hrs

TX Real Estate Commission (TREC) – 13.50 hrs

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. The State Bar of Texas MCLE number will qualify this course for this type of self-reporting credit to TREC. UT Law CLE will provide a Certificate of Attendance once you complete the course.

Key Dates

Austin – Apr 20-21, 2023 – DoubleTree by Hilton Hotel Austin

Conference Concluded

Live Webcast – Apr 20-21, 2023

Conference Concluded

Buy