Conference art
eConference

2020 Land Use eConference

Contains material from May 2020
2020 Land Use eConference
4.24 out of 5 stars
What was the overall quality of the course (presentation, materials, and technical delivery)?
Rate the overall teaching effectiveness and presentation skills of faculty for the course.
How would you rate the value of the materials provided as part of the course?

lacking expertise, experience, and understanding on topics related to development in ETJ and use of special districts.

Excellent

Good job considering coronavirus shut downs.

Great presentation in the new world of econferences.

Comments from the 2020 Land Use Live Webcast

Had some technical issues with audio but overall ok.

Good work everyone under difficult circumstances.

CCNs presentation and Responding to Knick presentation were of great interest.

I thought this years curriculum was excellent

It was good to hear about economic development in. the context of historic zoning/historic districts in both large and small cities. Because of exemptions from some of the recent restrictions on city authority historic zoning may become a more common and useful tool. Maybe a speaker could focus on this next year. Enjoyed the program!

Technical Questions?
512.475.6700
service@utcle.org

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.

Includes: Video Audio Paper Slides No Materials

You must be signed in, have purchased this eConference, and the eConference must be active to have access.

Sessions

1. New Land-Use Cases Part 1 (May 2020)

James L. Dougherty Jr.

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Session Materials
Video
(mp4)
52 mins
Audio
(mp3)
51 mins
Paper
(pdf)
16 pgs
Slides
(pdf)
26 pgs

Session 1 —52 mins

New Land-Use Cases Part 1 (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

2. Legislative Update (May 2020)

Richard A. Crow

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Session Materials
Video
(mp4)
31 mins
Audio
(mp3)
31 mins
Paper
(pdf)
52 pgs

Session 2 —31 mins

Legislative Update (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

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

3. HB2439 Panel (May 2020)

Barbara A. Boulware-Wells, Judge Platt, Stacy Snell, Susan Wright

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Session Materials
Video
(mp4)
48 mins
Audio
(mp3)
48 mins
Slides
(pdf)
13 pgs
Slides
(pdf)
3 pgs
Slides
(pdf)
8 pgs

Session 3 —48 mins

HB2439 Panel (May 2020)

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”.

Originally presented: Apr 2020 Land Use Conference

Barbara A. Boulware-Wells, The Knight Law Firm, LLP - Austin, TX
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

4. Incentive Zoning and Affordable Housing (May 2020)

Casey Burgess

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Session Materials
Video
(mp4)
25 mins
Audio
(mp3)
25 mins
Paper
(pdf)
14 pgs
Paper
(pdf)
18 pgs
Paper
(pdf)
39 pgs
Slides
(pdf)
17 pgs

Session 4 —25 mins

Incentive Zoning and Affordable Housing (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

5. Park Land Dedication (May 2020)

Bertram Vandenberg, Ryan O'Connor

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Session Materials
Video
(mp4)
25 mins
Audio
(mp3)
25 mins
Slides
(pdf)
15 pgs

Session 5 —25 mins

Park Land Dedication (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

Bertram Vandenberg, Dallas City Attorney's Office - Dallas, TX
Ryan O'Connor, Dallas Park and Recreation - Dallas, TX

6. Development Agreements from Both Sides (May 2020)

Robert James Miklos

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Session Materials
Video
(mp4)
28 mins
Audio
(mp3)
28 mins
Slides
(pdf)
11 pgs

Session 6 —28 mins

Development Agreements from Both Sides (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

7. Protecting that Elusive Community Character: What Can We Still Do? (May 2020)

Matthew Goebel

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Session Materials
Video
(mp4)
33 mins
Audio
(mp3)
31 mins
Slides
(pdf)
70 pgs

Session 7 —33 mins

Protecting that Elusive Community Character: What Can We Still Do? (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

Matthew Goebel, Clarion Associates - Denver, CO

8. Financing and Special Districts Panel (May 2020)

Dorothy Palumbo, R. R. "Tripp" Davenport III, Julie Fort, Jason Hughes, Misty Ventura

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Session Materials
Video
(mp4)
41 mins
Audio
(mp3)
41 mins
Paper
(pdf)
11 pgs
Slides
(pdf)
4 pgs

Session 8 —41 mins

Financing and Special Districts Panel (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

Dorothy Palumbo, Bojorquez Law Firm, PC - Austin, TX
R. R. "Tripp" Davenport III, FMSbonds, Inc. - Dallas, TX
Julie Fort, Messer, Fort & McDonald, PLLC - Frisco, TX
Jason Hughes, Hilltop Securities - Dallas, TX
Misty Ventura, Shupe Ventura, PLLC - Dallas, TX

9. Hot Topics (May 2020)

Terrence S. Welch

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Session Materials
Video
(mp4)
46 mins
Audio
(mp3)
46 mins
Paper
(pdf)
29 pgs
Slides
(pdf)
22 pgs

Session 9 —46 mins

Hot Topics (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

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

10. Mother May I?: Annexation after HB 347  (May 2020)

Charles E. Zech

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Session Materials
Video
(mp4)
19 mins
Audio
(mp3)
19 mins
Paper
(pdf)
27 pgs
Slides
(pdf)
7 pgs

Session 10 —19 mins

Mother May I?: Annexation after HB 347  (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

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

11. Environmental Issues Impacting Land Use and Development in 2020 (May 2020)

John Mark McPherson

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Session Materials
Video
(mp4)
46 mins
Audio
(mp3)
46 mins
Paper
(pdf)
31 pgs
Slides
(pdf)
23 pgs

Session 11 —46 mins

Environmental Issues Impacting Land Use and Development in 2020 (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

12. Client Relations and Doing Business with Clients:  How Far is Too Far? (May 2020)

Claude E. Ducloux

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Session Materials
Video
(mp4)
57 mins
Audio
(mp3)
56 mins
Slides
(pdf)
30 pgs

Session 12 —57 mins

Client Relations and Doing Business with Clients:  How Far is Too Far? (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

13. Signs and Other Forms of Expression: Content Neutrality in the Post-Reed Era (May 2020)

Julian Grant

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Session Materials
Video
(mp4)
30 mins
Audio
(mp3)
29 mins
Slides
(pdf)
28 pgs

Session 13 —30 mins

Signs and Other Forms of Expression: Content Neutrality in the Post-Reed Era (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

Julian Grant, Thomson Reuters - Georgetown, TX

14. Energy Exploration: Consideration in Land Use (May 2020)

Jamie Lavergne Bryan, Rory Hatch

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Session Materials
Video
(mp4)
30 mins
Audio
(mp3)
30 mins
Paper
(pdf)
7 pgs
Slides
(pdf)
13 pgs

Session 14 —30 mins

Energy Exploration: Consideration in Land Use (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

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

15. Water/Wastewater CCNs (Certificates of Convenience and Necessity) (May 2020)

Michael A. Gershon

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Session Materials
Video
(mp4)
32 mins
Audio
(mp3)
32 mins
Paper
(pdf)
19 pgs

Session 15 —32 mins

Water/Wastewater CCNs (Certificates of Convenience and Necessity) (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

16. Responding to Knick (May 2020)

Robert F. Brown

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Session Materials
Video
(mp4)
45 mins
Audio
(mp3)
45 mins
Paper
(pdf)
14 pgs
Slides
(pdf)
23 pgs

Session 16 —45 mins

Responding to Knick (May 2020)

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.    

Originally presented: Apr 2020 Land Use Conference

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

17. Beyond Boundaries: Land Use in the ETJ (May 2020)

Matthew J. Festa, Daniele Skye Masson

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Session Materials
Video
(mp4)
45 mins
Audio
(mp3)
45 mins
Slides
(pdf)
10 pgs

Session 17 —45 mins

Beyond Boundaries: Land Use in the ETJ (May 2020)

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.  

Originally presented: Apr 2020 Land Use Conference

Matthew J. Festa, South Texas College of Law Houston - Houston, TX
Daniele Skye Masson, City of Georgetown - Georgetown, TX

18. Creating a Destination: Economic Development (May 2020)

William S. Dahlstrom, Karen M. Kennard, Tommy Ludwig, Scott Polikov

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Session Materials
Video
(mp4)
45 mins
Audio
(mp3)
45 mins
Slides
(pdf)
25 pgs

Session 18 —45 mins

Creating a Destination: Economic Development (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

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

19. New Land-Use Cases Part 2 (May 2020)

James L. Dougherty Jr.

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Session Materials
Video
(mp4)
33 mins
Audio
(mp3)
33 mins
No Materials
(pdf)
1 pgs

Session 19 —33 mins

New Land-Use Cases Part 2 (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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

20. HB3167: What Cities and Developers Need to Know About the New Platting Shot Clock (May 2020)

Rob Killen, Melinda Ramos

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Session Materials
Video
(mp4)
46 mins
Audio
(mp3)
46 mins
Paper
(pdf)
14 pgs
Slides
(pdf)
7 pgs

Session 20 —46 mins

HB3167: What Cities and Developers Need to Know About the New Platting Shot Clock (May 2020)

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.

Originally presented: Apr 2020 Land Use Conference

Rob Killen, Killen, Griffin & Farrimond - San Antonio, TX
Melinda Ramos, City of Fort Worth - Fort Worth, TX

21. Ask the Experts (May 2020)

Tommy Mann, Paige A. Mims, Ryan D. Pittman, Brad R. Williams

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Session Materials
Video
(mp4)
46 mins
Audio
(mp3)
45 mins
No Materials
(pdf)
1 pgs

Session 21 —46 mins

Ask the Experts (May 2020)

Get answers to your frequently—and sometimes infrequently—asked questions. Please submit your questions in advance to ConferenceQA@utcle.org.

Originally presented: Apr 2020 Land Use Conference

Tommy Mann, Winstead PC - Dallas, TX
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

22. Fear the Walking Quorum: TOMA Penalties Return from the Dead (May 2020)

Ross Fischer

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Session Materials
Video
(mp4)
33 mins
Audio
(mp3)
33 mins
Paper
(pdf)
36 pgs
Slides
(pdf)
9 pgs

Session 22 —33 mins

Fear the Walking Quorum: TOMA Penalties Return from the Dead (May 2020)

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

Originally presented: Apr 2020 Land Use Conference

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