Update on Planning, Land Use, and Eminent Domain

2015 ABA Annual Meeting July 30, 2015 – August 2, 2015 Westin River North, Chicago, IL

THURSDAY, July 30, 2015 Robert H. Thomas, Damon Key Leong Kupchak Hastert, 8:45 a.m. to 10:15 a.m. Honolulu, HI Update on Planning, Land Use, and Eminent Domain Decisions 12:00 p.m. to 1:00 p.m. Grand Ballroom B Executive Committee Meeting, Grant Park, Level 1 Dial in: 888-396-7955; enter passcode - 797687# Moderator: Frank Schnidman, Professor and Director, School of Urban & Regional Planning, Florida Atlantic University, Boca 1:00 p.m. to 2:00 p.m. Raton, FL Richard F. Babcock Faculty Keynote Address: “From the Ground Up: Unshared Assumptions in Law and Planning” Panelists: Grand Ballroom B Michael Berger, Manatt Phelps & Phillips LLP, Los Angeles, CA Introduction by Frank Schnidman W. Andrew Gowder, Pratt-Thomas Walker, Charleston, SC Speaker: Deborah M. Rosenthal, FitzGerald Yap Kreditor LLP, Wendie Kellington, Attorney at Law, Owsego, OR Irvine, CA

Stephen Miller, Professor and Director, University of Idaho CONCURRENT HOT TOPIC SESSIONS College of Law, Boise, ID 2:15 p.m. to 3:45 p.m. Sorell E. Negro, Robinson & Cole LLP, Miami, FL Is Sharing Really Caring? The Laws of Transportation Sharing, Uber, Lyft, etc. Deborah M. Rosenthal, FitzGerald Yap Kreditor LLP, Irvine, CA Promenade Ballroom C

Julie A. Tappendorf, Ancel Glink PC, Chicago, IL We all have heard about – and have maybe even used – Uber and Lyft, a new model of public transportation which uses Robert H. Thomas, Damon Key Leong Kupchak Hastert, technology to put passengers together with car owners so they Honolulu, HI can, for a fee, “share” a ride. As these and similar services become more ubiquitous (did you know you can “share” an 10:30 a.m. to 11:45 a.m. airplane or a boat?), their more traditional competitors such as Federal Laws, Regulations, and Programs Affecting Local taxicabs, the state and local governments charged with Land Use Decision Making regulating such services, and the passengers who use them all Grand Ballroom B want to know: what legal questions do ride and transportation sharing raise? Moderator: Frank Schnidman, Professor and Director, School of Urban & Regional Planning, Florida Atlantic University, Boca Moderator: Rob Thomas, Damon Key, Honolulu, HI Raton, FL Panelists: Panelists: Jacob Huebert, Liberty Justice Center, Chicago, IL Wendie Kellington, Attorney at Law, Owsego, OR Michael Kamprath, Assistant General Counsel, Hillsborough Stephen Miller, Professor and Director, University of Idaho County Aviation Authority, Tampa International Airport, Tampa College of Law, Boise, ID

Erica L. Powers, Scholar, Department of Geography and Stephen R. Miller, Associate Professor and Director, Planning, State University of New York, Albany, NY Economic Development Clinic, University of Idaho College of Law, Boise ID Deborah M. Rosenthal, FitzGerald Yap Kreditor LLP, Irvine, CA Jon Riches, Goldwater Institute, Phoenix, AZ Julie A. Tappendorf, Ancel Glink PC, Chicago, IL Urban Agriculture Grand Ballroom B Jesse Hathaway, Heartland Institute, Chicago, IL

Urban agriculture has been sprouting up in cities of all Stephen R. Miller, Associate Professor and Director, sizes, and in all regions, throughout the United States. It Economic Development Clinic, University of Idaho College can be used to accomplish a variety of important of Law, Boise ID community goals related to economic and community development and cultural diversity. This session will Marc Gordon, President and CEO, Illinois Hotel and discuss types of government incentives that can be used to Lodging Association, Chicago, IL encourage production and distribution of urban ag, such as programs that make public land available for urban ag Hydraulic Fracturing activities, including through leasing or sale, and tax Promenade Ballroom A incentives. It will also discuss land use challenges that arise in the context of urban ag, including competing land High Volume Hydraulic Fracturing is taking place within uses, and tools that can be used to regulate urban ag more than 30 states. It poses significant issues for activities. The session will also review case studies, municipal and land use lawyers due to the community including how urban ag has developed in Chicago, and impacts of the technology and increasingly documented analyze some examples of successful urban ag projects. health and safety risks for residents and workers. Local efforts to curb or ban hydraulic fracturing as an industrial Moderator: Sorell E. Negro, Robinson & Cole LLP, Miami, FL use, including zoning ordinances and voter moratoria, have generated industry responses that invoke pre- Panelists: emption, with varying degrees of success. Dan J. Bolin, Ancel Glink PC, Chicago, IL Hot Topics in Hydraulic Fracturing focuses on zoning and Martha Chumbler, Carlton Fields Jorden Burt, Tallahassee, FL health and safety concerns and industry responses in several states, including recent legislation in Texas and David Silverman, Ancel Glink PC, Chicago, IL Pennsylvania; litigation in New York and Pennsylvania; and ancillary community concerns about infrastructure, storage of natural gas, rail shipment of hydrocarbons, and Regulating Navigable Airspace: The Drones are Here accidents. Promenade Ballroom A Moderator: David L. Callies, FAICP, Benjamin A. Kudo Moderator: Frank Schnidman, Professor and Director, School Professor of Law, University of Hawaii at Manoa, William of Urban & Regional Planning, Florida Atlantic University, Boca S. Richardson School of Law, Honolulu, HI Raton, FL Panelists: Panelists: Beth E. Kinne, Assistant Professor, Hobart and William & Michael Berger, Manatt Phelps & Phillips LLP, Los Angeles, CA Smith Colleges, Geneva, NY

Wendie Kellington, Attorney at Law, Owsego, OR Erica L. Powers, Scholar, Department of Geography and Planning, State University of New York, Albany, NY CONCURRENT HOT TOPIC SESSIONS John M. Smith, SmithButz, Chicago, IL 4:00 p.m. to 5:30 p.m. Is Sharing Really Caring? Part 2: The Laws of Sharing Residential Properties (Airbnb, etc) Ethical Considerations for the Land Use Practitioner Promenade Ballroom C and Government Lawyer Grand Ballroom B Business such as AirBNB, VRBO, Couchsurfing, and FlipKey allow residents to “share” their apartment or house with a Moderator: Wendie Kellington, Attorney at Law, Owsego, OR visitor for a fee. Use of these services is widespread and runs Panelists: the gamut from renters making extra cash “sharing” a spare bedroom on the weekend, to owners “sharing” homes on a Julie A. Tappendorf, Ancel Glink PC, Chicago, IL short-term but full-time basis with a parade of visitors, to entrepreneurs developing quasi-hotels and marketing them 5:30 p.m. to 6:30 p.m. exclusively through “sharing” sites. Short-term rental services Young Lawyers Committee Meeting raise a host of legal and regulatory questions, but the answers Grant Park may vary depending on how these services are used, by Dial in: 888-396-7955; enter passcode - 797687# whom, and how often. 6:30 p.m. to 8:00 p.m. Moderator: Karl Camillucci, Holland and Knight, Chicago, IL Networking Reception The 3D Printer Experience Panelists: 333 N. LaSalle Nicole DuPuis, Senior Associate, Infrastructure National League of Cities (NLC), Washington, DC FRIDAY, July 31, 2015 Nicole Austin-Hillery, Director & Counsel, The Brennan 9:00 a.m. to 10:00 a.m. Center for Justice at NYU School of Law, Washington, DC Council Meeting and Publication Presentations Astor Ballroom Roger Clegg, President & CEO of Center for Equal Dial in: 888-396-7955; enter passcode - 797687# Opportunity: The Legal & Political Landscape in 2016, Falls Church, VA 9:00 a.m. to 11:00 a.m. SOC Membership Meeting C. Robert Heath, Bickerstaff Heath Delgado Acosta LLP: Hyatt Regency, Ballroom D, Gold Level, West Tower Applying a Biracial Jurisprudence in a Tri-ethnic World, Austin, TX 10:00 a.m. to 12:00 p.m. The 2014 Supreme Court Term in Review Tanya Clay House, Director of Public Policy, Lawyers Promenade Ballroom C Committee for Civil Rights Under The Law: Voter ID and Voter Suppression, Washington, DC This panel of noted legal professionals, academics and journalists provides an overview of the Supreme Court Ellen Weintraub, Commissioner, Federal Election decisions of the 2014 term (October 2014 to June 2015). Commission: Current Issues Before the FEC, Washington, DC Moderator: William Hurd, Troutman Sanders, Richmond, VA 2:45 p.m. to 4:15 p.m. Panelists: Looming Land Use Constitutional Issues Marcia Coyle, Chief Washington Correspondent, National Law Grand Ballroom B Journal, Washington, DC Four cutting-edge constitutional issues in land use law will Dan Schweitzer, Director and Chief Counsel, National be discussed by leading practitioners at the 2015 annual Association of Attorneys General, Washington, DC joint land use program of the Sections of Real Property, Trust and Estate Law, and State and Local Government Jeffrey B. Wall, Co-Head of Appellate Litigation Practice, Law. We first will analyse ramifications for real estate and Sullivan and Cromwell, Washington, DC land use lawyers of state and local legalization of medical marijuana. Next, we will consider whether ordinances that require landlords refusing to renew residential leases to 12:00 p.m. to 2:00 p.m. pay departing tenants large sums impose unconstitutional Jefferson B. Fordham Award Luncheon exactions. (Levin v. City and County of San Francisco, Maggiano’s Banquets 2014 WL 5355088, N.D. Cal.2014). Out panel then will 111 W. Grand examine a key takings case before the Supreme Court this This is a ticketed event at $50 per ticket. Please purchase past term, Horne v. U.S. Dept. of Agriculture. Finally, we tickets through your Annual Meeting registration. will review the issue of compensation for landowners whose property is taken to protect them and the 12:00 p.m. to 1:30 p.m. community from rising seas. (Borough of Harvey Cedars v. SOC Chairs and Chairs-Elect Joint Meeting Karan, 70 A.3d 524 (N.J. 2014)). Hyatt Regency, Water Tower, Bronze Level, West Tower Moderator: W. Andrew Gowder, Pratt-Thomas Walker, 2:45 p.m. to 4:30 p.m. Charleston, SC The New Normal in Electoral Access & Political Participation: Challenges Facing the 2016 Election Panelists: Cycle Anthony DellaPelle, McKirdy & Riskin, P.A., Morristown, Promenade Ballroom B NJ

Seasoned litigators and election law experts will provide Michele L. Maresca, Robinson & Cole LLP, Hartford, CT A dynamic overview of current election law trends and Recent voting rights precedent that will have an impact on the Stephen Schwartz, Cause of Action, Washington, DC 2016 Election Cycle. Speakers will discuss whether multi-ethnic and multiracial groups can achieve minority political cohesion, Brian R. Smith, Robinson & Cole LLP, Hartford, CT enforcement and campaign finance issues facing the FEC, the evolving standard for determining population at the intersection Bryan Wenter, Miller Starr Regalia, Walnut Creek, CA of immigration and redistricting, the legal and political landscape of voting rights in 2016, and voter ID and voter suppression. 4:00 p.m. to 5:30 p.m. SOC Business Meeting Moderator: Benjamin E. Griffith, Griffith Law Firm, Hyatt Regency, Regency Ballroom A, Gold Level, Oxford, MS West Tower

Panelists: Nancy Abudu, Legal Director, ACLU of Florida: Voting Rights, Citizenship and Immigration, Miami, FL 6:30 p.m. to 8:00 p.m. Chair-Elect’s Reception River Roast 2:00 p.m. to 4:00 p.m. 315 N. LaSalle BOG Convocation

3:00 p.m. to 4:30 p.m. SATURDAY, AUGUST 1, 2015 McCormick Bridgehouse & Chicago River Museum 376 N. Michigan 8:00 a.m. to 9:00 a.m. $25 per person Please purchase tickets through your Annual Meeting registration. Urban Lawyer, Grant Park 7:00 p.m. to 9:00 p.m. Membership Committee, Lincoln Park Dinner – Seasons 52, 55 E. Grand Ave. $85 per person 8:00 a.m. to 9:30 a.m. Please purchase tickets through your Annual Meeting registration. BOG Convocation on Voting Rights

9:00 a.m. to 10:00 a.m. SUNDAY, AUGUST 2, 2015 Land Use Committee, Jackson Park 8:00 a.m. to 10:00 a.m. 12:00 p.m. to 2:00 p.m. Council Meeting & Nominating Committee Report CPR/SOC Professional Responsibility Committee Astor Ballroom Marriott Downtown, 540 N. Michigan Ave. Dial in: 888-396-7955; enter passcode - 797687# Kane Room, 3rd Floor 12:00 p.m. to 2:00 p.m. 12:15 p.m. to 1:15 p.m. Margaret Brent Women Lawyers of Achievement All Committees’ Meeting, Promenade Ballroom B Awards Luncheon Substantive Committee Business Meetings: Eminent Domain, Public Finance, Government Operations, Environmental and Energy, Ethics, Public Education, 1:30 p.m. to 4:00 p.m. Emergency Management, Diversity Law, International, Section Delegates’ Business Meeting Native American Tribal Law, Public Contract Hyatt Regency, Regency Ballroom D, Gold Level, West Tower

1:15 p.m. to 2:00 p.m. 5:30 p.m. to 7:00 p.m. POB, Lincoln Park Delegates’ Reception Dial in: 888-396-7955; enter passcode - 797687# Hyatt Regency, Crystal Ballroom B, Green Level, West Tower Diversity Outreach, Washington Park