Law Seminars International Presents: An Advanced One-Day Seminar on

Litigating Property Rights Cases
Eminent Domain, Regulatory Takings, & Due Process Claims

October 17, 2012
The L.A. Hotel in Los Angeles, CA

Who Should Attend

Attorneys, property owners, policy makers, real estate and environmental professionals, governmental representatives and consultants

Why You Should Attend

Litigating property rights cases in California requires navigating a confusing melange of sometimes unfamiliar and often times conflicting groups of laws, rules and regulatory agencies. My Co-Chair Rick Rayl, Nossaman LLP, and I invite you to join us as we lead a distinguished panel of speakers who will help us understand this procedural and substantive thicket. We will discuss new developments in regulatory takings laws and the complexities of federal and California law that dictate when regulation goes "too far" and becomes a "taking" for which compensation is due.

Is a new standard on the horizon for takings that are less than permanent and are the rules different for different types of property? What is a property right anyway and what is the extent of protection of those rights under due process principles? How will the well-publicized elimination of California's redevelopment agencies impact property owners, developers and municipalities? How does a property rights case get tried in California and how does the administrative process impact those cases?

This seminar tackles these and other stimulating issues. You will not only hear what the law is and how best to navigate it, but will also be treated to an in-depth discussion of how municipalities strive to avoid facing property rights claims in the first place.

~ Matthew D. Hinks, Esq. and Richard E. Rayl, Esq., Program Co-Chairs

What You Will Learn

What Attendees Have Said About Similar Programs


Wednesday, October 17, 2012

8:00 am


8:30 am

Introduction & Overview

Matthew D. Hinks, Esq., Program Co-Chair
Jeffer Mangels Butler & Mitchell LLP / Los Angeles, CA

Richard E. Rayl, Esq., Program Co-Chair
Nossaman LLP / Irvine, CA

8:45 am

New Theories and Outcomes: Temporary Impairments

In the context of either an eminent domain proceeding or as a regulatory taking claim: When do they give rise to a claim for damages?

David W. Skinner, Esq.
Meyers Nave Riback Silver & Wilson PC / Oakland, CA

9:30 am

Theories and Outcomes: Substantive and Procedural Due Process Issues

Ripeness and justiciability; Section 1983 claims

Mitchell E. Abbott, Esq.
Richards Watson & Gershon / Los Angeles, CA

10:15 am


10:30 am

Theories and Outcomes: Non-Real (Not Unreal) Property Cases

Guggenheim v. City of Goleta (mobile home rent control ordinance) and other recent cases on thwarted return of investment expectations: When do economic losses give rise to a claim?

Mark D. Alpert, Esq.
Hart King & Coldren / Santa Ana, CA

Garrett L. Hanken, Esq.
Greenberg Glusker Fields Claman & Machtinger LLP / Los Angeles, CA

12:00 pm

Lunch (on your own)

1:15 pm

Case Study: Issues Arising from Property Transfers After Elimination of California's Redevelopment Agencies

Maintaining development rights for projects that remain viable, and the ability to cancel for ones that do not

Ethan J. Walsh, Esq.
Best Best & Krieger LLP / Sacramento, CA

F. Gale Connor, Esq.
Nossaman LLP / San Francisco, CA

2:15 pm

Practical Tips: Applying the Penn Central Criteria

Elements of proof for economic impact, reasonable investment-backed expectations, and character of the regulatory action; exactions under Nollan/Dolan and the Doctrine of Unconstitutional Conditions

Michael M. Berger, Esq.
Manatt, Phelps & Phillips, LLP / Los Angeles, CA

3:00 pm


3:15 pm

Practical Tips: Drafting Ordinances

Do's and don'ts for avoiding takings claims

Kevin Keller, Senior City Planner
Los Angeles Planning Department / Los Angeles, CA

Michael J. Bostrom, Esq., Deputy City Attorney
Los Angeles City Attorney's Office / Los Angeles, CA

4:15 pm

Procedural Strategies for Claimants in Land Use Litigation

Administrative processes (the trial before the trial); bifurcations of writs of mandate claims vs. damages claims; res judicata issues

K. Erik Friess, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP / Irvine, CA

5:00 pm

Evaluations and Adjourn



Regular tuition for this program is $695 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $465. For students and people in their job for less than a year, our rate is $347.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Thursday, October 11, 2012. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 6.75 California MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


The workshop will be held at the L.A. Hotel (formerly Marriott) at 333 S. Figueroa St. in Los Angeles, CA 90071. Call the hotel directly at (213) 617-1133 for reservations at the special negotiated rate of $189/nt and mention that you are attending a Law Seminars International seminar. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $705. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy

Faculty Bios

Matthew D. Hinks, Program Co-Chair, partner, Jeffer Mangels Butler & Mitchell LLP, focuses on representation of property owners and real estate developers in difficult land use and property rights cases. He is experienced in litigating planning and zoning issues, eminent domain and regulatory takings cases, CEQA challenges, civil rights abuses, title disputes, lease disputes and community redevelopment and density bonus law.
Full bio and contact info for Matthew D. Hinks at Jeffer Mangels Butler & Mitchell LLP

Richard E. Rayl, Program Co-Chair, partner, Nossaman LLP, Chair of the Eminent Domain and Valuation Practice Group, focuses on eminent domain, inverse condemnation, and other real-estate-valuation disputes. He represents property owners, lessees, and public agencies in all aspects of real-estate-valuation disputes.

Mitchell E. Abbott, shareholder in the Litigation Department at Richards, Watson & Gershon and Chair of the Firm's Appellate Law Practice, specializes in the representation of municipalities and other public entities as well as land use cases and disputes arising under the California Environmental Quality Act.

Mark D. Alpert, Esq., partner, Hart King & Coldren, represents real estate developers, business owners and commercial landlords in real estate and business disputes and represents his clients before administrative bodies, state and federal courts.

Michael M. Berger, partner, Real Estate and Land Use Group and co-chair, Appellate Practice Group, Manatt, Phelps & Phillips, LLP, focuses on appellate cases involving planning, zoning, eminent domain, various kinds of business litigation, landslides, contract, due process, equal protection, defective construction, nuisance, insurance and environmental law. He has argued regulatory taking cases before the United States Supreme Court.

Michael Bostrom is a Deputy City Attorney in the Land Use Division of the Los Angeles City Attorney's Office.

F. Gale Connor, partner, Nossaman LLP, practices real property law, eminent domain, commercial leasing, acquisition, and disposition of improved and unimproved properties, real estate finance, and litigation of environmental, title, land use, condemnation and inverse condemnation cases.

K. Erik "Rick" Friess, partner, Allen Matkins Leck Gamble Mallory & Natsis LLP, focuses on eminent domain, inverse condemnation, and land use litigation. He has represented landowners, businesses, and public agencies for many years.
Full bio and contact info for K. Erik Friess at Allen Matkins Leck Gamble Mallory & Natsis LLP

Garrett L. Hanken, partner, Greenberg Glusker Fields Claman & Machtinger LLP, focuses on representing property owners in disputes or potential disputes related to investment in, acquisition or sale, development, or ownership and operation of real estate and real estate oriented businesses.

Kevin Keller, Senior City Planner, Los Angeles Planning Department, manages land use policy, staffs the Central Area Planning Commission and also oversees transit-oriented development planning for existing and planned service corridors.

David W. Skinner, principal at Meyers Nave Riback Silver & Wilson PC, focuses on eminent domain, inverse condemnation, land use and environmental law. He handles all issues pertaining to valuation, including highest and best use, severance damages and loss of business goodwill.

Ethan J. Walsh, partner in the Municipal & Redevelopment Law practice group of Best Best & Krieger LLP, focuses on redevelopment, affordable housing and land use law. He assists redevelopment agencies and private developers in structuring transactions, negotiating and drafting disposition and development agreements and owner participation agreements.

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