News & Events

Continue to check this page for information on the latest news about the Planning and Law Division and other planning and law activities.

August 2008

ABA adopts Model Statute on Local Land Use Planning Procedures

On Monday, August 11, 2008, the American Bar Association, through its House of Delegates, adopted a Model Statute on Local Land Use Planning Procedures, advanced jointly by the Sections of State and Local Government Law and the Administrative Law and Regulatory Practice, and co-sponsored by the Real Property Law Section and the Government and Public Sector Lawyers Division. The Model Act, intended to serve as a guide to state, local and tribal governments which adopt land use regulations, outlines appropriate administrative procedures that may be adopted in whole, in part, or used as reference to address particular situations.

Providing a complete development permit review process for land use decisions, the Model Statute identifies the requirements for timely consideration of applications, sets forth administrative review procedures including notices, conduct of hearings and appeals.  The Model Statute also provides for appellate review at the local level by a hearing examiner or land-use review board.  Although it does not include substantive provisions for variances, conditional uses or other possible remedies, it is designed to allow for substantive review by whatever body so authorized by local ordinance.  Finally, the Model Statute provides a judicial review process for land use decisions including jurisdictional principles such as exhaustion and federal claims, as well as standards for review.

This effort was based upon Chapter 10 of the American Planning Association's Growing Smart Legislative Guidebook, which continues to serve as the resource for lawmakers and planners who are modernizing state and local planning and zoning enabling acts and laws.

We thought Planning and Law Division members would be interested in this news and have attached ABA's Model Statute on Local Land Use Planning Procedures to this e-mail. The Model Statute also appeared in the May and June issues of Planning and Environmental Law.

Click here for the document

2009 APA National Planning Conference — Request for PLD Sponsored Proposals

Submission Deadline: Noon on August 22, 2008

Thank you to everyone who submitted a proposal for this year's APA National Planning Conference in Las Vegas. The PLD sessions traditionally have been well attended and this was certainly true this past April-May in Las Vegas. While many of you may still be basking in the glow that only Vegas can provide (or otherwise recovering from that same glow that only Vegas can provide), the time is already upon us to start considering proposals for the 2009 National Planning Conference in Minneapolis.

The Session Proposal Committee of the APA Planning and Law Division (PLD) invites you to propose a session for the 2009 American Planning Association National Planning Conference in Minneapolis. The Division has two by-right sessions. This opportunity allows you to propose a session that will highlight a current land use/planning legal issue, share innovative ideas, and engage your peers at the premier educational and networking event for planners, land use lawyers, and community leaders in the United States.

Please submit a two or three sentence description of the proposed session along with a list of potential speakers and the learning objective. Send proposal ideas via email to the Co-Chairs of the Session Proposal Committee: David Silverman at dsilverman@ancelglink.com or Julie Tappendorf at jtappendorf@ancelglink.com. Keep in mind that all sessions are 75-minutes in length, are typically conducted in a three or more person panel discussion format, and should represent a variety of perspectives.

This year, there are several conference tracks that are relevant to the day to day work of PLD members, including opportunities to showcase innovative land use regulations, including, of course, regulations designed to promote environmentally friendly land use goals and those designed to combat climate change, as well as economic development and transportation programs and regulations. A more complete description of the 2009 conference tracks are listed below. Use these descriptions in preparing your proposals.

Why Places Grow
This track focuses on how cities and regions grow and sustain their economies. What makes for a successful regional economy? How have new economies developed since 1990? What makes an economy vulnerable and susceptible to decline and how can this be reversed?

Neighborhood Planning in a Citywide Context
Neighborhood planning is no longer a wish list tied to small grants. Today's neighborhood planning considers the neighborhood within the context of the city's form, development, changes, and economy. The track will look at the impact of corridors, nodes, and TOD on neighborhood planning. It will also examine how attempts to link social programs to neighborhood leadership have fared over time. How does neighborhood planning fit into the overall plan for the city and the region? For example, sessions on how neighborhood planning intersects with social service delivery, school planning, economic development, housing, historic preservation, and mass transit are encouraged.

Green Urban Design
What is the intersection between urban design and the green movement? Going green means more than eco-friendly building materials, so how has urban design reimagined itself in light of sustainability and environmental friendly planning? Special emphasis is placed on large urban centers and their relationship to suburban communities and the elements of urban design that connect the two into a green web.

Reclaiming the Waterfront (and the Mississippi River)
Minneapolis is the headwaters and New Orleans is the delta of the Mississippi River. This track will look at major waterways and how cities of all sizes are reclaiming their waterfronts. The picture is complex and extends from brownfield redevelopment to green infrastructure and from freight movement to international commerce. How are communities balancing essential needs with opportunities to provide amenities for all?

Is Regional Planning Coordinated Planning?
The Minneapolis and St. Paul region has a long established regional planning program. Using the approach of special purpose governments and governmental arrangements, the Twin Cities Metropolitan Council deploys a variety of tools. The track will explore assessment districts, school and park districts, and even bi-state commissions. Have these regional systems resulted in better coordination of all planning and services? In other areas of the country, is regional planning selective or inclusive of all programs and issues that fall under the rubric of planning? Does regional planning need to have coordination as a major goal?

Civic Planning and the Role of Foundations (mini track)
The Midwest has a long history of foundations and benefactors contributing to civic planning. The track will explore what problems foundations have chosen to tackle and how they assess the outcome. Proposals are welcome on both urban and rural initiatives as well as how nonprofits work with the local and regional planning community.

The Arts and Culture Economy
What is the size of this economy? Is it only the college-educated who benefit? Is there a difference, in terms of planning and the economy, between the traditional bastions of culture (the old, industrial cities) and communities with newer arts and cultural attractions? Does this economy serve residents or tourists and what should be the balance between the two?

Small Town and Rural Planning
The Midwest, like many areas of the country, has undergone a major restructuring of its rural economy. What has been the result of America becoming more urbanized? How have small towns and rural areas planned to address the change? What tools, techniques, and practices have led to sustainable small towns and rural areas?

Youth Engagement in Planning
An APA survey reveals that 307 communities across America are involving youth in the community planning. How are youth engaged, what are the challenges of developing a program, and what are the tangible results? How do you educate youth about planning? This track will examine techniques and case studies with a heavy emphasis on enduring programs and the outcomes from engagement efforts.

Climate Change and a Sustainable Future
The reality has set in, but how do you implement planning for sustainability? Should planners be concerned with measuring outcomes? Are the old tools and techniques enough or are some broader efforts required? Does planning need to become more technical and if so, in what way? Should planning try to stop climate change or embrace it and plan accordingly? How do science and planning connect to address this worldwide problem?

The Changing Face of the American Community
From inner cities to suburbia, America is becoming more diverse each year. How has this affected schools, housing, social services, community support for planning, and the economy? Not all groups are the same — how does a planning agency respond to differences and to new opportunities?

Planning and Community Health and Activity
Minneapolis has one of the largest systems of bike trails in the country. How do you plan for and encourage physical activity and overall health? What type of alliances and partnerships should planning engage in to develop successful programs? How is renewed awareness of health changing planning? What difference does the design of the community make in promoting health?          

Transportation Infrastructure: The Next Hundred Years
Much of our transportation infrastructure is being used at levels beyond those for which it was planned and is in dire need of regular maintenance and repairs. This track explores the next steps for planning transportation infrastructure at the national and the local level. Topics include:

• A National Transportation Infrastructure Plan
• Paying for Transportation Infrastructure: Innovative Approaches (addressing the balance between building new infrastructure and regular maintenance)
• Congestion Pricing
• Freight Transportation and the Urban Economy: Balancing Freight and Consumer Demand
• Transit Viability and Sustainability
• Rail vs. BRT
• Transportation Infrastructure for Pedestrians (including the role of land use and other supporting conditions like transit, car-sharing, and bicycle infrastructure)
• Transportation Infrastructure for Bicyclists: Facilities and Land-use Issues

July 2008

8th National Conference on Access Management
"Sustainable Solutions for Transportation"”

July 13-16, 2008
Baltimore, MD

The 8th National Conference on Access Management will be held in the hear of Baltimore's famed Inner Harbor, at the Renaissance Harborplace Hotel. This biennial conference is designed for planners, engineers, non-profit organizations, and public officials interested in a sustainable approach to improving roadway safety and efficiency.

Focusing on Sustainable Solutions for Transportation, the conference will offer a wide range of presentation topics that capture the broad realm of access management principles, state-of-the-art practices, policies, and state DOT/local government coordination.

Sample topics include:

• State DOT Access Management Programs
• Stakeholder Involvement/Outreach
• Safety Impacts
• Traffic Progression/Circulation
• Permitting Processes
• Land Use and Access Management

Online Registration Now Open. Please visit: www.accessmanagement.info

For more information contact Vaughn Lewis at 410-545-5674 or e-mail AMconference@sha.state.md.us

July 16, 2008

Supreme Court Rules on Eminent Domain for Private Development

Teleconference and Live Audio Webcast

Program Description

Our expert panel consists of leading eminent domain and inverse condemnation practitioners, and Connecticut's first state ombudsman for property rights.  This program will be highly interactive incorporating non-traditional methods of teaching.  Four of the five speakers have worked together on numerous other panels and, if you've heard them before, you know that this teleconference will have real take-away value and be entertaining.

This primer program is designed to assist beginning and intermediate level practitioners in improving their  knowledge and skills.  For the expert practitioner, updates on the most recent developments in case law and legislation will be discussed, making this program invaluable for all.  Participants in this teleconference and live audio webcast should have a basic familiarity with eminent domain law; however case experience is not required.

Moderator:  Dwight H. Merriam, Partner, Robinson & Cole, Hartford, CT

Mike Berger, Partner, Manatt, Phelps & Phillips, LLP, Los Angeles, CA
Gideon Kanner, Professor of Law Emeritus, Loyola Law School and Counsel, Manatt, Phelps & Phillips, LLP, Los Angeles, CA
Amy Brigham Boulris, Partner, Brigham Moore LLP, Coral Gables, FL
Robert S. Poliner, Ombudsman for Property Rights, State of Connecticut, Hartford, CT

May 2007

Planning and Law Division Daniel J. Curtin Fellow David Gest (Spring 2007) has volunteered to serve as PLD webmaster. If you have any suggestions or questions about website content, please contact him at gest@design.upenn.edu.

Summaries of 12 major land use cases in the U.S. are now available on the PLD website — click here to read.