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Overview
Build the Foundation for a Successful Practice
Ownership of land does not mean complete control. Property owners wishing to develop need to deal with some level of red tape before even thinking about breaking ground. This "back-to-basics" program will teach you all the essentials you need to know about conducting due diligence, communicating with government staff and agencies, preparing applications, and securing approvals for your clients' projects. Don't let your clients' development dreams languish at the planning stage - register today!
- Conduct thorough land use diligence to identify issues and approvals that need to be sought.
- Pick up tips for working with local government staff and officials to help expedite the approval process.
- Learn how to request variances, conditional use permits, and rezoning when permitted uses don't match up with clients' visions.
- Discover how to subdivide and how to recombine land.
- Find out what land use lawyers need to know about road and easement law.
- Explore basic water and environmental concerns that can create roadblocks or hiccups in development.
- Navigate the appeals process when land use applications are unfairly denied.
This program was designed in conjunction with NBI's esteemed 2023-2026 Content Advisory Committee Member Kimberly Jackson.
Abbreviated Agenda
- Due Diligence and Site Plans 101
- Tips for Communicating With Municipal Staff, Zoning Boards, and Planning Commissions
- Zoning Variances, Conditional Use Permits, and Rezoning
- Road and Easement Issues and Answers
- Land Subdivision and Recombination
- Water and Basic Environmental Considerations
- Essentials of Challenging or Appealing an Adverse Zoning Decision
- Legal Ethics
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Pre-Order the OnDemand
We will notify you when the ondemand recording is available.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| AICP |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Due Diligence and Site Plans 101
- Role and Importance of Comprehensive Plans
- The Various "Flavors" and Scope of Zoning Ordinances
- Essentials of Private Land Use Controls (Deed Restrictions and Conditions)
- Conducting Due Diligence
- Working With Engineers and Other Third Parties
- Site Plan Reviews and Approval
-
Tips for Communicating With Municipal Staff, Zoning Boards, and Planning Commissions
-
Zoning Variances, Conditional Use Permits, and Rezoning
- Permitted Uses
- Noncomforming/Grandfathered Use
- Special Exceptions/Conditional Uses vs. Variances
- Getting a Zoning Variance
- Requesting a Conditional Use
- How to Rezone Property
-
Road and Easement Issues and Answers
- Public Roads: Creation, Use, and the History of R.S. 2477
- Establishing Easements
- Abandonment and Vacation of Easements
- Road and Access Pitfalls
- Evidentiary Considerations
- Disclosures (The Duty to Disclose)
- Common Road Access Problems
-
Land Subdivision and Recombination
- Land Subdivision Process, Procedures, and Documents
- Utility Permits and Easements
- Land Dedication
- Planned Unit Developments (PUDs)
- Recombination Plat Process and Application
-
Water and Basic Environmental Considerations
- Water Rights: Prior Appropriation vs. Riparian
- Application, Lease, Transfer, and Sale of Water Rights
- Stormwater Issues and Permits
- Endangered Species Act
- CERCLA and RCRA
- Navigable Waters of the United States
-
Essentials of Challenging or Appealing an Adverse Zoning Decision
- Administrative vs. Judicial Appeals
- Exhausting Administrative Remedies
- Standing Issues
- Assertion of Collateral Constitutional and Other Claims
- Making an Effective Argument
-
Legal Ethics
- Conflicts of Interest
- Required Disclosures
- Ex Parte Contacts
- Attorney's Fees
Who Should Attend
This program is designed for attorneys. Land use planning professionals, developers, and paralegals may also benefit.
Speakers
Speaker bio
Clayton H. Preece
is an attorney with Smith Hartvigsen, PLLC, where he represents individuals and businesses in a wide range of litigation matters, including business and construction disputes, products liability, natural resources, oil and gas, and covenants not to compete. Mr. Preece also has experience in settlement negotiations and mediation. He earned his B.A. degree from Utah Valley University and his J.D. degree from The George Washington University Law School. Mr. Preece is a member of the American Bar Association and Utah State Bar.
Speaker bio
Jeff H. Capell
is the hearing examiner for the City of Tacoma. Previously, he was a deputy city attorney with the City of Tacoma and a senior assistant city attorney with the city of Bellingham, Washington. Prior to his Washington municipal work, Mr. Capell was an in-house counsel with Albertson's, Inc., Kia Motors, Corp., and SK Corp. He earned his B.A. and M.A. degrees from Brigham Young University, and his J.D. degree, with honors, from Seattle University School of Law. Mr. Capell has extensive experience in the areas of land use, real estate, contract, construction, and general municipal law. He is admitted to practice in, and is a member of the Washington State Bar Association and Idaho State Bar.
Speaker bio
Casey L. Cirner
is principal of Miles & Stockbridge in Rockville, Maryland. She practices in the areas of land use, zoning, municipal law, real estate and appellate litigation. Ms. Cirner's clients are residential and commercial property owners, developers and builders, whom she represents through the various development processes including subdivision, site plan, rezoning, master planning, conditional use, variance, annexation, permitting and historic preservation. She assists various clients in public and private sectors with real estate transactions, including drafting, reviewing and negotiating things like easements, licenses, covenants and more. Ms. Cirner also performs development feasibility studies and counsels clients in boundary, quiet title and easement disputes. She was selected for inclusion in Best Lawyers in America® in the areas of land use and zoning and real estate litigation (2022-2024) and real estate law (2023-2024). Ms. Cirner earned her J.D. degree from University of Baltimore School of Law.
Speaker bio
Janet M. Howe
is an attorney at Holland & Hart, where she focuses her practice on litigation, water rights, and insurance recovery. She represents clients of all sizes and industries across Arizona and throughout the United States. Ms. Howe brings a deep commitment to understanding the law, coupled with professionalism, reliability, and perseverance to achieve the best outcomes for her clients. Her background includes work as a business and accounting manager in both the construction and education sectors, providing her with valuable insight into the challenges and priorities of those industries. Before earning her J.D. degree from the University of Arizona, Ms. Howe obtained a B.A. degree in history and anthropology from Juniata College and a Master's degree in Global Leadership and Sustainable Development from Hawaii Pacific University. Her path to law was shaped by her experiences traveling the country with her military spouse, raising a family, and exploring new challenges-from managing financial operations to paddling outrigger canoes. Ms. Howe is admitted to practice in Arizona.
Speaker bio
Catherine M. Harper
is a partner at Timoney Knox, LLP. and was also a member of the Pennsylvania General Assembly in the House of Representatives, representing eastern Montgomery County for 18 years. She has a general litigation practice, but focuses on land use (particularly municipal, conservation and zoning law) and real estate in Southeastern Pennsylvania. Ms. Harper handles commercial litigation, contract disputes and employment law matters for entrepreneurs, families and small businesses. She has argued before the U.S. Supreme Court, the Third Circuit Court of Appeals, all of the Pennsylvania appellate courts and the county courts in southeastern Pennsylvania. Ms. Harper represents local governments, zoning boards and land development applicants. She also represents land trusts, landowners and conservancies in preservation projects and drafting and enforcing of conservation easements. Ms. Harper is experienced in the many facets of municipal law, having represented Upper Moreland Township, Milford Township (Bucks County), Telford Borough, and Hatfield Borough for years, and has also served as solicitor for the Milford (Bucks County) Zoning Hearing Board, Upper Salford Zoning Hearing Board, Plumstead Township, Springfield Township Zoning Hearing Board (Montgomery County), and Perkasie Borough. In addition, she has served as special solicitor to Buckingham Township Zoning Hearing Board and Upper Salford Township. Ms. Harper currently represents the Telford Borough Authority and previously represented the Horsham Water Authority in Montgomery County. She was an elected member and chair of the Lower Gwynedd Township Board of Supervisors for 13 years. Ms. Harpaer is a past president of the Montgomery County Association of Township Officials, and past Resolutions chairman for the Pennsylvania State Association of Township Supervisors. In 1999, she received the PA State Association of Township Supervisors' Leadership Award, in 2000, Montgomery County Chamber of Commerce Athena Award and in 2001, Governor's Award for Local Government Excellence. In 2016, Ms. Harper was honored with the Montgomery Bar Association's Margaret Richardson Women In Law Trailblazer award. She has won numerous awards from environmental organizations for her advocacy work including, most recently, Pennsylvania Environmental Council's Curtin Winsor Award for lifetime achievement in policy and land conservation. Ms. Harper graduated maxima cum laude with a degree in political science from LaSalle University, was named to "Who's Who in American Colleges". She earned her J.D. degree from the Villanova University School of Law.
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