NY Specific

Real Estate

4.5

Land Use and Zoning in New York: From Application to Appeal

Credits Available
Credit Status Total
New York CLE Approved 7 Total
OnDemand
5 hours 58 minutes
Peter MacKinnon
Steven Barshov
With Peter P. MacKinnon from Humes & Wagner, LLP + 1 other
Recorded June 22, 2023
Product ID 96588

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Overview

Walk Step by Step Through the Process With Insights From Seasoned Attorneys

Your client wants to develop property. How do you confirm their ability to do so? How do you get the government's go-ahead, and what do you do if the application is denied? This start-to-finish land use and zoning online seminar will teach you the basic laws before digging into the approval and appeals process. Construct a foundation for a successful practice - register today!

  • Review federal, state, and local laws and regulations that govern land development.
  • Learn how to request variances, conditional permits, and other authorizations.
  • Navigate procedural and technical requirements for subdividing land.
  • Gain practical insights on presenting the application at a public meeting or hearing.
  • Anticipate when local government decisions or actions are ripe for a constitutional challenge.
  • Follow proper steps during appeals and give your client's case the best chance of success.

Abbreviated Agenda

  1. New York Land Use and Zoning Basics
  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More
  3. Navigating the Subdivision Process
  4. Meetings, Hearings, and Dealing With Objectors
  5. Constitutional Issues and Case Law
  6. Challenging or Appealing a Land Use Decision
  7. Hot-Button Land Use Issues and Case Law
  8. Legal Ethics Issues for Land Use Attorneys

Related Topics

Product ID 96588

Credit Details

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. New York Land Use and Zoning Basics

    1. Land Use and Zoning 101
    2. Sources of Authority for Land Use Decisions
    3. State and Local Laws and Ordinances
    4. Planning Boards
    5. The Comprehensive Plan
    6. Impact Fees and Exactions
    7. Federal Laws: "Standard Acts," RLUIPA, and Fair Housing
    8. Environmental Laws Affecting Land Use

  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More

    1. Pre-Application Issues
    2. Site Plan Applications
    3. Ordinance Amendments and Rezoning
    4. Variances
    5. Conditional/Special Use Permits
    6. Planning and Environmental Reviews - What to Expect
    7. Documenting as if You're Preparing for an Appeal

  3. Navigating the Subdivision Process

    1. Subdivision Regulations
    2. Due Diligence
    3. The Application and Approval Process
    4. Inspections, Dedications, and Vacations
    5. Fulfilling Conditions
    6. Working With Surveyors and Engineers
    7. Plat and Documentation for New Titles

  4. Meetings, Hearings, and Dealing With Objectors

  5. Constitutional Issues and Case Law

    1. Property Rights vs. Police Power
    2. Takings
    3. Vested Rights and Estoppel
    4. Due Process
    5. Equal Protection
    6. First Amendment

  6. Challenging or Appealing a Land Use Decision

    1. Quasi-Judicial vs. Quasi-Legislative
    2. Local Appeal Process
    3. Standing Issues
    4. Procedural and Evidence Rules
    5. Preparation and Testimony
    6. Preserved Administrative Record
    7. Assertion of Collateral Constitutional and Other Claims
    8. Exhausting Your Administrative Remedies
    9. Going to Court
    10. Hearing Tips and Techniques

  7. Hot-Button Land Use Issues and Case Law

  8. Legal Ethics Issues for Land Use Attorneys

    1. Conflicts of Interest
    2. Duties of Appointed Zoning Officials
    3. Ex Parte Contacts
    4. Attorney Fees
    5. Dealing With Pro se Parties
    6. Ethical Issues in Multi-Jurisdictional Practice

Who Should Attend

This basic level online seminar is designed for attorneys. Zoning and land use planners and officials, developers, engineers, surveyors, and paralegals may also benefit.

Speakers

Peter P MacKinnon
Peter P.
MacKinnon
Humes & Wagner, LLP
Steven Barshov
Steven
Barshov
SBarshovLaw PLLC
Speaker bio
Peter P MacKinnon

Peter P. MacKinnon

Humes & Wagner, LLP
Peter MacKinnon

is a partner with Humes & Wagner, LLP, where he practices in the areas of municipal law, real estate, zoning, planning, wills and estates. Mr. MacKinnon is member of the Nassau County Bar Association in the Real Estate, Computer and Municipal Law committees; and a member of the New York State Bar Association in the Real Estate and Municipal Law sections. He is also a member of the Virginia State Bar. Mr. MacKinnon earned his B.S. degree from Clarkson College of Technology and his J.D. degree from St. John's University.

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Speaker bio
Steven Barshov

Steven Barshov

SBarshovLaw PLLC
Steven Barshov

is principal with Sive, Paget & Riesel, P.C. He focuses his practice in land use law, environmental law, local government law, real estate, as well as related litigation. Having represented numerous developers, businesses, municipalities, and community organizations in more than 30 years of practice, Mr. Barshov has handled projects of all sizes, from a large master planned community of 1195 units with a commercial center, to a small 3-unit subdivision both inside and outside New York City. He has litigated in the United States Supreme Court in federal courts in the Second, Fifth and Tenth Circuits; at the New York Court of Appeals, Appellate Divisions; and trial courts in multiple counties. Mr. Barshov has been qualified as a land use law expert witness in Supreme Court, Nassau County. He brings to any project a wide range of skills, including drafting complex real estate transactional documents, obtaining land use and related project approvals, undertaking required environmental analysis, and culminating in litigation when necessary. Mr. Barshov has written and lectured extensively in his areas of expertise. He is an adjunct professor of law at Brooklyn Law School, where he has taught land use law, state and local government law and real estate practice. Mr. Barshov earned his B.A. degree from Colgate University and his J.D. degree from Brooklyn Law School.

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