2017 Distance Learning

Unless otherwise noted, all programs are one hour long from 1-2 PM Eastern. Additionally, IMLA will be offering 10 FREE programs for members. In addition to one free Ethics program that will be broadcast live from our seminar and one free program broadcast live from our annual conference, the other free programming is noted below.

To purchase a recording of any of the past distance learning events, please CLICK HERE.

Upcoming Webinars

 


February 16th—Personnel
Employee Discipline: Terminating the Walking Dead Employee

While some folks are gearing up for a day of candy hearts and romance, the rest of us are biting our nails and sitting on the edge of our seats waiting for AMC to roll out the latest Walking Dead episodes. Using this critically acclaimed dystopian zombie thriller as a backdrop, Ms. Moran walks attendees through several important tips for navigating the risky waters of employee discipline (no actual knowledge of the Walking Dead required).

The presentation will address a variety of legal issues that arise during the disciplinary process, including practical limitations on at-will employment and how to avoid discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and similar laws governing the employment relationship. The presentation will also look at the EEOC’s guidance on employee discipline and termination and offer practical strategies to help navigate the high-risk process of separating employees.

Speakers: Marilyn Moran & Roberta "Robin" Cross

Click here to view the speaker's bio.

Click here to register.


February 22—Courts
SMART- San Diego Misdemeanants At-Risk Track

The SMART pilot program is designed to address low-level misdemeanor offenders who repeatedly cycle through the criminal justice system committing drug and quality of life offenses. These repeat offenders often have no access to services, coordination of care, or meaningful incentives to engage with social service providers. The goal of the SMART program is to safely divert chronic misdemeanor offenders, particularly those who are otherwise resistant to intervention, to a case manager, individualized treatment, and tailored housing placement. It is a collaborative effort between the San Diego City Attorney’s Office, the San Diego Police Department (SDPD), and the San Diego County Sheriff’s Office.

Speakers:  Lara Easton, Chief Deputy City Attorney, San Diego & Natasha Robertson, Deputy City Attorney, San Diego

Click here to view the speaker's bios.

Click here to register.

 


March 1- 42 USC 1983
Municipal Liability Claims under 42 USC 1983 – Issues and Concerns

“Deliberate Indifference” as a Workable Standard of Conduct for Municipal Liability – Canton v. Harris and its offspring, Canton, Bryan County, and Connick….

Single Incident Monell Liability Threatens to Create Strict Liability in 42 USC 1983 Litigation
• Circuit Court split.
• Expert evidence / testimony can substitute for the policy, pattern or practice, or custom.

How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?

Does Los Angeles v. Heller really mean that if there is no individual constitutional violation on the part of the municipality’s employees, then there can be no “municipal” liability under the applicable constitutional standard.
• The “collective conscience” theory of liability.
• Circuit Court split.

How does the 14th Amendment “substitute” for the Eighth Amendment in pre-trial detainee claims against municipalities for failure to protect and conditions of confinement litigation in correctional facilities / jails, etc.
• Traditionally 42 USC 1983 has to be tethered to a “bill of rights” violation, first, fourth, eighth amendment, which have built in standards; 14th amendment is not such a “right” in and of itself.
• State tort law usually serves as the anchor point; 14th amendment claim has no such tether to 42 USC 1983 (so, where’s the tort?)

How can a personal standard of conduct “deliberate indifference” be superimposed on a municipality in the first place?
Individual standards changing, see Kingsley (Roberts statement); Costa coming back up?
• What about subjective / objective after Kingsley
• Fourth Amendment or Fourteenth – failure to protect / excessive force claims and the problem with imposing liability in the correctional environment.
• Is it “clearly established” right, duty, or law? Clearly established and qualified immunity.
• Municipal jails cannot serve as surrogates for mental health treatment facilities.

Speaker: Carson J. Tucker 

Click here to view the speaker's bio.


March 4—Office Management (TENTATIVELY SCHEDULED)
TBD

Speaker: Foster Mills

 


March 6- First Net

 In preparing for FirstNet (or for State Alternatives), Local government attorneys, as soon as the third quarter of 2017, will be called upon to assist their local government clients negotiate their community’s use of FirstNet, a nationwide interoperable public safety wireless broadband network. Local attorneys may also need to examine how to extend current agreements for wireless public safety communications as FirstNet begins to deploy its network. Or, local government attorneys may be called upon to negotiate a similar agreement with a state-run network should the governor of your state “opt out” of FirstNet. But we are getting ahead of ourselves. The Middle Class Tax Relief and Job Creation Act [Public Law No. 112-96 (enacted February 22, 2012)] signed into law on February 22, 2012, created the First Responder Network Authority (FirstNet)[See Sections §§6000-6704.] FirstNet will provide a single interoperable platform for emergency and daily public safety communications. Of primary importance to this presentation are Sections:

• 6206(c)(2) which created an obligation for FirstNet to consult with regional, State, tribal, and local jurisdictions on network elements and construction; and
• 6302(e)which provides that after a 90 day review period, the governor of each state may “opt in” or “opt out” of FirstNet, but if the governor opts out, that states has only 180 days to develop an alternate plan that must be approved by the FCC.

This presentation will explain the law, share insights from FirstNet and from attorneys that have been actively engaged in the State planning process, and provide a framework to help local government attorneys understand and proactively solve numerous expected and unexpected issues that they will encounter in the next several months as FirstNet and State opt out decisions are being made. Participants will seek to provide practical guidance to protect your community in an environment where they must react to these decisions.

Speakers: Gerard Lederer, Barry Fraser, Mike Watza & Ken Fellman


March 8- Personnel
The EEOC’s New Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace

Part of the focus of this webinar will be on the protected Classes that the EEOC will be targeting, especially Religion and Ethnicity.

Speaker: Lawrence Lee

Click here to view the speaker's bio.


March 15- Technology
Getting Energized for Automated Vehicles

This webinar will provide an update on the regulatory path being paved with the release of the Federal Automated Vehicles Policy. Presenters will provide an update on federal policy, national legal developments and federal grant opportunities associated with automated vehicles. Additionally, practical guidance will be provided for the safe and successful implementation of shared mobility networks and driverless vehicle technologies into cities, including reducing risks in pilot projects, planning for infrastructure needs, and achieving energy efficiency through advanced transportation technologies. Technology is quickly merging with transportation and our speakers look forward to helping webinar attendees navigate the legal and policy considerations with automated vehicles.

Speakers: Gregory Rodriguez, Steven DeBaun & Ryan Baron

Click here to view the speaker's bios.


March 20—Police
Use of Force- Moving Forward

Over the last two years there has been debate and discussion over law enforcement’s use of force, particularly in areas with large minority communities.  This session focuses on the law, community expectations, and recent proposals put out by President Obama’s 21st Century Policing task force as well as the National Consensus on Use of Force promulgated by a number of law enforcement groups.  Comparisons between the legal standard and recommendations, exhibit the potential that law enforcement officers may be held to two distinct standards with respect to use of force.  Attorneys representing public entities should be aware of these two distinct standards and how they may become blurred in legal claims of excessive force.

Speaker: Jack Ryan

Click here to view the speaker's bio.


March 22- Code Enforcement
Protecting Community Cats: Law and Policy Considerations

This session will give an overview of definitions and key provisions of local ordinances that can make or break a community cat program. Additional model drafting considerations regarding community cat programs wills be covered. Review and discussion regarding issues commonly related to these ordinances, such as the problem with feeding bans, and progressive nuisance-related provisions. The program will also address state statutory schemes as well as pertinent Federal statutory and regulatory schemes, and how those may affect considerations for ordinance drafting and enforcement.

Speaker: Richard Angelo

Click here to view the speaker's bio.


March 27- Telecommunications
Cell Tower Leases

**This is a 90 Minute Webinar**

Local governments can generate long term revenues by leasing land, water towers and buildings for cellular communications towers and antennas. The key to a successful lease is the rental terms, plus the right terms and protective conditions so as to avoid potential legal landmines. John Pestle, Esq. and Jonathan Kramer, Esq. are highly experienced local government telecommunications attorneys who regularly craft and enforce municipal cell tower leases. In this 90-minute webinar, they will walk you through the process of dealing with the cell tower providers and their contractors to help get the best financial terms in leases, and identify and avoid the legal landmines commonly found in industry boilerplate provisions, including the risk of accidently triggering property reverters. They will also provide helpful practice pointers about the cell tower leasing and sales process. The program will cover both key aspects of cell leases, and the potential sale by municipalities of such leases, as well as long-term leasing rights. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers:  John Pestle & Jonathan Kramer

Click here to view the speaker's bio.


March 28-First Amendment 
Government Speech and Public Forums

What limits can be placed on public comment or advertising in various kinds of public forums? How far do the protections of the government speech doctrine reach in an era of public private partnerships? These questions have gained new urgency following the 2015 Supreme Court decision in Reed v. Town of Gilbert. Sign law guru Randal Morrison will join one of his co-authors of the IMLA joint amicus brief in Reed, Susan Trevarthen, and Sacramento city attorney Gerald Hicks to explain the current state of the law governing public fora and government speech.

Speakers: Randal Morrison, Susan Trevarthen & Gerald Hicks 

Click here to view the speaker's bios.


March 30—Jails
Consent Decrees in Corrections

The demands on agencies to operate custody facilities within Constitutional guidelines is challenging, particularly during times of budget constraints.  This webinar will explore the potential risks of falling below Constitutional guidelines.  There will be discussion of Department of Justice investigations resulting in Consent Decrees, and a discussion of class action litigation brought on behalf of inmates and the methods of avoiding, managing and resolving such litigation.

Speaker: Jeb Brown

Click here to view the speaker's bio.


April 5- Health and Environment
Perfluorinated Chemicals (PFCs) in Drinking Water: What Municipalities Need to Know About Evolving Regulatory Requirements, Health Effects and Cost-Recovery/Affirmative Litigation Options for PFOA and PFOS Contamination.

In recent months, PFCs have been discovered in dozens of drinking waters supplies throughout the country resulting in EPA or state mandated multi-million dollar clean-up projects. The source of PFC contamination is typically a manufacturing facility that improperly stored, used or disposed PFC containing materials on-site or an airport or fire-fighting training facility that utilized fire-fighting foam containing PFCs.
In response to the discovery of this recent contamination and the public outcry over health effects associated with PFCs, EPA recently lowered its Health Guidelines for PFCs and states are also beginning to implement their own regulatory response to this growing problem.

This webinar will discuss the extent of the problem, legal and scientific issues relating to remediating drinking water supplies contaminated with PFCs, health effects from PFC exposure and cost-recovery/affirmative litigation options for municipalities whose drinking water supplies are contaminated with PFCs.

Speaker: Kevin Madonna

Click here to view the speaker's bio.


May 1- Construction Contract Drafting
Tailoring Your P3 Offerings for Specific Services for Development Opportunities

**This is a 90 Minute Webinar**

This program will introduce practitioners to the various forms of public-private partnerships currently being developed in municipalities around the country. The four most common forms of P3s include the following: 1) water and wastewater utilities, 2) energy project development, 3) public and sports recreational development, and 4) economic development. This program will teach municipal practitioners how to distinguish, differentiate and structure the deals based on the public purpose of the program. Essential contract provisions that vary between the forms of transaction will be identified and various language risk and cost-sharing arrangements will be discussed. Specific and preferable forms of land and facility ownership facility valuation net present valuation and forms of compliance foreclosure and termination options will be discussed.

Speaker: Steven "Tip" Torres

Click here to view the speaker's bio.


 May 8-Land Use: From the Bench:  A Judge’s View of How Local Government Lawyers Can Best Handle their Land Use Cases 

Speakers: Dwight Merriam, Dan Mandelker & The Honorable Peter Buchsbaum

Click here to view the speaker's bios.


May 10th- Personnel
Terminating Employees for Off Duty Acts of Moral Turpitude

Speakers: Thomas S. Rice & Roberta "Robin" Cross 


May/June TBD- Ethics
Rule 4.2: The “No Contact Rule”

Speakers: Charles W. Thompson, Jr., Tom Lynch & Trish Weaver


May 15—Police 
TBD

Speaker: Jack Ryan

Click here to view the speaker's bio.


May 17- Technology
The Sharing Economy: Airbnb and Uber

Speaker: Jordan Ferguson

Click here to view the speaker's bio.


June 5- Personnel
Fitness-for-Duty Exams: A Sword and a Shield in ADA Litigation

Fitness-for duty evaluations are a practical tool that can be used to either validate, or disprove, an employer’s contention that an employee may lack the physical and/or mental capacity to perform the essential functions of the job. Such an evaluation is of critical important in the public-safety sector, particularly with law enforcement offices, because of their constant engagement with citizens, which is both highly visible and heavily scrutinized. While fitness-for-duty exams are a useful preventative measure that can reduce the employer’s exposure and provide a legitimate basis for removing unsuitable employees from the workforce, the benefits co-exist with risks in light of 42 U.S.C. § § 12101-12213—the Americans with Disabilities Act, as amended (“ADA”).

Under the ADA, an employee can qualify for the statutory protections if the employee is either actually disabled or regarded as disabled. However, the employee must be able to perform the essential functions of his or her job. A failed fitness-for-duty exam strengthens the employer’s posture in litigation because it is evidence that the employee cannot perform the essential job functions. On the other hand, if an employee successfully completes a fitness-for-duty exam and is later subjected to an adverse employment action, the very act of requiring the fitness-for-duty exam may be used as evidence that the employee was regarded as disabled by the employer. As such, even if no actual disability exists, the employee may be able to establish that he or she was veiled by the ADA’s protections, making the employer’s burden at trial more challenging.

This presentation will analyze the interplay between the right of the employer to require fitness-for-duty evaluations and the employer’s obligations under the ADA to refrain from disability discrimination, in the context of litigation.

Speaker: Kelly Madrid, Assistant City Attorney, Fort Worth City Attorney’s Office

Click here to view the speaker's bio.


June 14- Jails
Lessons from Ferguson: Rededicating Local Courts to Procedural Fairness and the Rule of Law

Speaker will discuss important takeaways for local government from the events occurring in Ferguson, MO. Particular emphasis will be placed on the fines and fees issue as well as the role of municipal courts in promoting procedural fairness and the fair rule of law.

Speaker: Ryan Kellus Turner

Click here to view the speaker's bio.


-Land Use
TBD


June 26- Technology
Achieving Website Accessibility for Municipalities and Local Governments

A recent benchmarking study of municipality websites revealed that 40 percent failed accessibility tests. These results are troublesome in light of the ADA’s legal mandate that the operations and services of local governments, including their websites, are accessible to individuals with disabilities who make up over 15% of the population. The U.S. Department of Justice not only is moving forward with promulgating regulations to govern website accessibility, but also is pursuing legal actions against those municipalities and local governments whose websites and other Internet communications are not accessible to individuals with disabilities..
In their webinar, Jonathan R. Mook, a partner in the law firm of DiMuroGinsberg and a nationally recognized authority on the Americans with Disabilities Act, and Joseph A. Martini, Director of Assistive Technology at Perkins Solutions/Perkins School for the Blind, will discuss the legal obligations of municipalities and local governments to ensure that their Internet communications are accessible and provide practical advice on the best steps to take to achieve website accessibility. They will also review various technologies that are used by individuals with disabilities to access digital information. Through demonstrations and video clips examples of how technologies are used as well as examples of inaccessible and accessible websites will be discussed. Jonathan and Joseph are expected to address such important areas as:
• Questions to address with IT and third party vendors regarding the compatibility of your website’s technology with website visitors' Assistive Technology such as speech-recognition software, magnification software or alternative input devices;
• How VPATs (Voluntary Product Accessibility Template) can help in the evaluation of third party software;
• Captioning of videos housed on your website, to ensure that hearing-impaired web-site visitors have access to the information;
• Examples of how visually impaired web site visitors may not be able to read information on your website due to color contrast or font size;
• How questions in a certain website processes (i.e. filling out an application) could run afoul of the ADA if they require timed responses or lack a method to pause.;
• Best practices for using images on your website, so they can be interpreted by all; and
• Other technology-based assistive accommodations you may need to make for disabled employees.

Speakers: Jonathan Mook, Joeseph Martini & Dan Crean 

Click here to view the speaker's bios.


June 28- Municipal Finance: Recent developments in Municipal Securities Law

A discussion of recent Securities and Exchange Commission enforcement actions against state and local governments and officials, developments in Municipal  Securities Rulemaking Board rules affecting advisors to state and local governments, and other securities law developments relevant to municipal bond issuers.

Speaker: Robert Doty

Click here to view the speaker's bio.


- Land Use
TBD


July- Personnel
Impact of Social Media Networking on Cities

Speakers: Cindy J. Crosby & Roberta "Robin" Cross


July 10- Land Use
Eminent Domain: Yes, You Can Take It, But Be Careful

 Speakers: Dwight Merriam, Dan Mandelker & TBA


 July 19- Telecom

Selling Your City’s Cell Lease/Future Leasing Rights

Once your local government leases its property or a structure for a cell tower, you will routinely receive offers to buy the cell tower lease for a lump sum payment (often plus a percentage of future revenues), coupled with a long term (or perpetual) easement. The most common question is whether these are good deals for governments. This program, taught by John Pestle, Esq. and Jonathan Kramer, Esq., both highly experienced local government telecommunications attorneys, covers (1) how to determine whether a sale of a cell lease and future leasing rights is in a municipality's best interest, (2) descriptions of the non-binding bid process which will commonly lead to the best price and terms, and (3) the significant legal and business issues and potential pitfalls involved in selling the lease and the traps hidden in the lengthy "Communications Easement" you will be asked to execute. This program will help you spot the major issues in the very one-sided documents typically offered by buyers. Key points to be addressed include (a) making sure the municipality is not hindered in using its property for its primary public use; (b) ensuring that future sums and duties promised by the purchaser in fact are performed; (c) unique insurance and bankruptcy issues; (d) special questions of municipal authority; (e) compliance with bond obligations and IRS tax-exempt bond regulations; (f) municipal finance/procurement statutes; and (g) prohibitions on waste. Extensive handouts in PDF format will be provided to participants, which commonly include local government attorneys, city managers and the real estate property managers working for local governments. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer


July 24- Municipal Finance
Municipal Bonds

Speakers: Chris Petrini & Christopher Brown


August 14- Land Use
Developments in Eminent Domain after Kelo

Speakers: Susan Trevarthen, Andrew Schwartz & Dan Mandelker


- Personnel
TBD

Speaker: Roberta "Robin" Cross 


- Land Use
TBD


- Personnel
TBD

Speakers: Roberta "Robin" Cross


September 6—Police
TBD

Speaker: John Wilkerson


September 18- Ethics

Speaker: Dolores Dorsainvil


September 20-Telecommunications
Cell Tower Zoning

**This is a 90 Minute Webinar**

As federal law and FCC regulations carve more deeply into local government zoning authority, and federal courts hand down decisions interpreting those law and regulations, cell tower zoning and regulation by state and local governments has materially changed. The new FCC Wireless Siting/6409(a) rules; the FCC Shot Clock; new-builds of macros, small cell, and DAS sites creates new challenges for local governments to balance the federal rules with preservation of local land use controls. Governments around the country are in the process of altering their local processes to comply with the new legal reality. This 90-minute webinar, presented by two national experts, will provide a summary and overview of the Federal law of cell tower zoning, including: (1) Key court cases, principles and practical advice from the two decades since Congress passed the 1996 cell tower zoning amendments; (2) the 2012 Federal statute (Section 6409(a)) as recently interpreted by the FCC; (3) the current FCC Notice of Proposed Rulemaking on radio frequency emissions safety standards; and (4) dealing with the wireless industry under the new rules. This live webinar, taught by John Pestle, Esq. and Jonathan Kramer, Esq. (highly experienced local government telecommunications attorneys) includes two narrated PowerPoint presentations, an 85+ page paper summarizing many of the relevant cases and proceedings, and substantial practical guidance for municipal attorneys dealing with wireless tower siting ordinances and planning matters. A lively and interactive Question and Answer session will follow the presentation.

Speakers: John Pestle & Jonathan Kramer


September 25- Courts
Collaborative Courts and Alternative Sentencing

This webinar will cover an overview of various collaborative courts and alternative sentencing programs that have been successful in the City of San Diego. Specifically, the City Attorney’s Collaborative Courts we will discuss include: Beach Area Community Court, Homeless Court, Behavioral Health Court, Drug Court, and Veterans Treatment Court. Additionally, SMART, the Prostitution Impact Panel, Community Justice Initiative and the Serial Inebriate Program are just a few of the Alternative Sentencing Programs we use as effective sentencing options.

Speakers:  Lara Easton, Chief Deputy City Attorney, San Diego & Natasha Robertson, Deputy City Attorney, San Diego


- Land Use
TBD


- Personnel
TBD

Speakers: Roberta "Robin" Cross


- Land Use
TBD


- Personnel
TBD

Speakers: Roberta "Robin" Cross


Past Webinars

January 9 – Land Use – L1
The Year in Review

While you were messing around last year, paying no attention to the most recent, important statutory and case law developments, our panel of national experts had their noses to their computer monitors and yanked every relevant Tweet off their smartphones. You can have the benefit of their collective knowledge by dialing in to this kickoff session of our annual land-use law teleconference series and getting the highlights of the past year in a way that will help you in 2017.

Speakers: Nancy Stroud, Peter Salsich, Jr, Dwight H. Merriam & Daniel R. Mandelker

Click here to view the speakers bios.


January 12- Technology (Through Thomson Reuters Practical Law) 
Data Breach Trends and Tips: What State and Local Government Lawyers Need to Know

* This is NOT an IMLA event.

Many state and local governments still don’t believe that data breaches and other cyber events can happen to them, while others simply don’t know what to do. But data breaches are becoming common for all organizations, so having a plan ahead of time is vital. Join Practical Law’s Mel Gates and Zach Ratzman for a free webinar that will explain recent data breach trends affecting state and local governments and provide tips on how to prepare for and help prevent a data breach or other cyber event . . . before it happens.

CLE credit available in multiple states.


January 19- Personnel 
Demystifying the Transgender Laws: How to Prevent Bathroom Battles from Becoming an Issue in Your Municipality

The laws related to transgender and gender identity issues are evolving and changing. This session will provide an overview of the applicable laws and model policies regarding transgender employees and patrons of municipal facilities; discuss how to address transgender and gender identity issues; and cover some of the frequently asked questions surrounding these issues.

Speakers: Roberta "Robin" Cross & Keri-Lyn Krafthefer 

Click here to view the speakers bios.


January 24—Ethics 

Ethics and Responsibility for New Government Attorneys Part II

Intended primarily for young attorneys and those new to municipal law, this presentation provides an overview of laws and rules related to ethics and professional responsibility.

Speakers:

Marc P. Hansen & Charles W. Thompson, Jr.

Click here to view the speakers bios.


February 1– New Government Lawyers Series 
Parliamentary Procedure

Municipal and county governing boards are often populated with well-meaning public servants who have little or no understanding of parliamentary procedure. Consequently, they may conduct their meetings informally, applying procedural rules loosely and perhaps even inconsistently. This “down-home” approach might appear to work well when the board is dealing with noncontroversial matters. Yet when controversy arises – and it always does – the result can be multiple motions made in rapid succession and members who are confused about what they are being asked to vote on. In such situations, the presiding officer is likely to seek the advice of counsel. This presentation will arm local government attorneys with basic principles of parliamentary procedure, examine the legal sources of those principles, and review common procedural problems.

Speakers: Norma Houston & Trey Allen 

Click here to view the speaker's bios.


February 6- Construction Contract Drafting 
Mechanics of P3 Procurement and Contracting

 **This is a 90 Minute Webinar**

This program will introduce practitioners to a fundamental structure for procurement offerings for public-private partnerships with municipal government. The program will walk attendees through the key structural elements of a request for proposals or other offering documents. The presenter will discuss each form of procurement including the following: 1) requests for information, 2) requests for qualifications, 3) requests for proposals and 4) requests for qualification and proposals. Each element of the evaluation will be discussed and participants will learn the intricacies of qualifications-based selection (“QBs”) as opposed to the traditional low bid offerings municipalities presently utilize.

The program will then turn to the essential elements contained in a P3 contract between the government owner and the industry organization. Risk assignment, shared cost and profit ownership, and return of facilities joint permitting and other items including comprehensive insurance & surety products will be discussed.

Speakers: Steven "Tip" Torres & Jillian Jagling

Click here to view the speaker's bio.


February 13th—Land Use
The Supreme Court Revisits Regulatory Takings: Murr v. Wisconsin and the Parcel-As-A-Whole Rule

***THIS WEBINAR WILL BE AT 2:15PM EASTERN TIME***

The U.S. Supreme Court granted certiorari review of a regulatory taking case for the October 2016 term which is focused on the issue of how the court measures the property interest at issue in determining whether the impact of the governmental regulation triggers the requirement for compensation.  The case involves a challenge to a lot merger ordinance that involuntarily merges substandard lots by operation of law with a commonly owned, contiguous lot so as to make one fully conforming lot.  Regulatory takings expert and organizer of the annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations Professor John Echeverria wrote an amicus brief in the case on behalf of a group of economists to help the Court understand how regulatory restrictions affect the value of land and will discuss the case and its potential impacts on the law with land use webinar hosts Susan Trevarthen and Dan Mandelker.

Speakers: John Echeverria, Susan Trevarthen & Dan Mandelker

Click here to view the speaker's bios.