A Two-Day Conference

Government Takings

Public Takings by Condemnation or Regulatory Action

December 4 and 5, 2003
Renaissance Seattle Hotel in Seattle, WA
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Why Order

"The regulatory takings doctrine is alive and well, and remains as feisty and evasive as ever. This seminar will review the fundamentals of constitutional takings law, bring you up to date on the holdings and significance of recent cases, and wrestle with the practical application of the Takings Clause to a variety of land use settings. As the conflict between the interests of economic development on the one hand, and environmental protection, on the other, continues to be manifest, all land use planners and attorneys will need to bring continued attention to this important area of the law." ~ Program Co-Chairs: G. Richard Hill, Esq. and Richard M. Stephens, Esq.

What You Will Learn

Attorneys, property owners, policy makers, government agents, real estate professionals and consultants

Agenda

Thursday, December 04, 2003
8:30 am Introduction and Overview
  G. Richard Hill, Esq., Program Co-Chair
 McCullough Hill Fikso Kretschmer Smith PS / Seattle, WA
8:45 am Overview of Federal Regulatory Takings Law
  Richard M. Stephens, Esq., Program Co-Chair
 Groen Stephens & Klinge, LLP / Bellevue, WA
9:30 am Overview of State Regulatory Takings Law
  Timothy H. Butler, Esq.
 Heller Ehrman White & McAuliffe LLP / Seattle, WA
10:15 am Break
10:30 am Administrative Procedures
  Developing and preserving a record: SEPA/GMA zoning and other development regulations; actions and proceedings before the Hearings Board and Examiners; property rights and regulatory reform
  G. Richard Hill, Esq., Program Co-Chair
 McCullough Hill Fikso Kretschmer Smith PS / Seattle, WA
11:30 am Special Address: "Takings Challenges to U.S. Regulations Under International Law"
  Foreign investors operating in the U.S. are making takings-like claims against the U.S. based on federal, state or local regulations under NAFTA
  John D. Echeverria, Esq.
 Georgetown University Law Center / Washington, DC
12:30 pm Lunch (on your own)
1:30 pm Just Compensation and Police Power
  Recent cases beg the question
  Alan D. Copsey, Esq.
 Washington State Office of Attorney General / Olympia, WA
  Richard M. Stephens, Esq., Program Co-Chair
 Groen Stephens & Klinge, LLP / Bellevue, WA
2:30 pm Takings and the Agricultural Community
  When agricultural lands are in transition to other uses; Endangered Species Act Developments involving the impairment, reduction and loss of water rights without compensation
  Michael P. O'Connell, Esq.
 Stoel Rives LLP / Seattle, WA
3:15 pm Break
3:30 pm Exactions & Impact Fees
  John C. McCullough, Esq.
 McCullough Hill Fikso Kretschmer Smith / Seattle, WA
  Ms. Elaine Spencer, Esq.
 Graham & Dunn PC / Seattle, WA
  Robert C. Sterbank, Esq.
 City of Olympia / Olympia, WA
5:00 pm Adjourn

Friday, December 05, 2003
8:30 am Introduction and Overview
  Richard M. Stephens, Esq., Program Co-Chair
 Groen Stephens & Klinge, LLP / Bellevue, WA
8:45 am The IOLTA Case and Regulatory Takings
  David J. Burman, Esq.
 Perkins Coie LLP / Seattle, WA
9:30 am A Hypothetical Case Study: Litigating the Takings Case
  Charles A. Klinge, Esq.
 Groen Stephens & Klinge LLP / Bellevue, WA
  Robert W. Thorpe, AICP
 Thorpe and Associates / Seattle, WA
  Michael Charles Walter, Esq.
 Keating Bucklin & McCormack / Seattle, WA
11:00 am Break
12:00 pm Lunch (on your own)
1:15 pm Inverse Condemnation Issues in the Direct Condemnation Setting
  P. Stephen DiJulio, Esq.
 Foster Pepper & Shefelman PLLC / Seattle, WA
2:00 pm Takings And the ESA
  Russell C. Brooks, Esq.
 Pacific Legal Foundation / Bellevue, Wa
  Michael G. Neff, Esq.
 Haglund, Kirtley, Kelley, Horngren & Jones, LLP / Portland, OR
3:15 pm Break
3:30 pm Ripeness & Jurisdiction
  Ms. Elaine Spencer, Esq.
 Graham & Dunn PC / Seattle, WA
4:30 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International self-certifies CLE credits for Washington, California, and Alaska. For other locations, we automatically seek CLE credit approval for the state in which a seminar is held. On request, we will apply for credits from other bar associations or the accrediting bodies for other professions. The current credits status for this program is WA CLE 12.75 (#111697) | WA APP 12.5 (#AP467) | WA RE 13.5 (#C1837) | WA AICP 4.5 | CA MCLE 13.25 | OR CLE 13.75

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, 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 the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

G. Richard Hill, Program Co-Chair, is a principal at Phillips McCullough Hill Fikso Kretschmer Smith PS where he practices land use law, real estate law, and litigation. He is Editor of "Regulatory Taking: The Limits of Land Use Controls" (ABA Press).

Richard M. Stephens is a partner at GSK, where he focuses his practice on representing property owners, builders and developers with land use and environmental issues.

Russell C. Brooks of Pacific Legal Foundation is responsible for litigating trial and appellate cases in state and federal courts relating to constitutional and environmental issues, including the 1st, 5th, and 14th Amendments and the Endangered Species Act. Mr. Brooks is a co-author of the Fifth Amendment “Takings” section of the 2002 edition of the Washington Lawyers Practice Manual and the lead attorney for Pacific Legal in Alsea Valley Alliance v. Daley.

David J. Burman is a litigation partner and former litigation chair at Perkins Coie, where his practice emphasizes antitrust, IP, constitutional and public law, class actions, and other complex litigation in the trial and appellate courts. He argued for the Legal Foundation of Washington in Brown v. Legal Foundation of Washington, in which the Supreme Court most recently addressed takings issues. Burman graduated from the University of Wyoming and Georgetown University Law Center, where he was editor-in-chief of the Georgetown Law Journal. Before joining Perkins Coie, he clerked for the D.C. Circuit and Justice Byron White on the Supreme Court. He is listed in The Best Lawyers in America (antitrust, business litigation, and First Amendment) and has received awards from the American, Washington, and King County Bar Associations. He was recently selected as a lawyer representative to the Ninth Circuit Judicial Conference and is one of the authors of Business and Commercial Litigation in Federal Courts and Successful Partnering Between Inside and Outside Counsel.

Timothy Butler, a shareholder in the Seattle office of Heller Ehrman, specializes in environmental, toxic tort and products liability litigation. He is the Editor-in-Chief of the Environmental Law and Practice volumes of the Washington Practice series, and author of the chapter on Regulatory Takings.

Alan D. Copsey is an Assistant Attorney General with the Washington State Office of the Attorney General. He currently advises and represents the Washington State Department of Community, Trade and Economic Development and the Washington State Department of Agriculture.

P. Stephen DiJulio, a partner at Foster Pepper & Shefelman PLLC, focuses his practice on litigation involving state and local governments, land use, and environmental law. His experience includes eminent domain, utilities, local improvement districts, facility siting and contractor litigation.

John D. Echeverria, is the Executive Director of the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center. The Institute conducts research and education on environmental law and policy issues relating to protection of the environment and conservation of natural resources. Mr. Echeverria formerly served as General Counsel of the National Audubon Society and, before that, as General Counsel and Conservation Director of American Rivers. He served as law clerk to the Honorable Gerhard Gesell and is a graduate of Yale Law School and School of Forestry and Environmental Studies.

Charles A. Klinge is a partner at Groen Stephens & Klinge LLP specializing in land use litigation. He has represented property owners, developers, and builders in courts and before administrative agencies for over 10 years.

John C. "Jack" McCullough is an attorney in the law firm of McCullough Hill Fisko Kretschmer Smith PS where his practice concentrates primarily on land use law and real estate financing and development. He has experience in the Growth Management Act, zoning, shoreline regulations, environmental compliance and wetland regulation. Jack is a 1978 graduate of Harvard College and a 1982 graduate of Harvard Law School. John C. "Jack" McCullough is an attorney in the law firm of McCullough Hill Fisko Kretschmer Smith PS where his practice concentrates primarily on land use law and real estate financing and development. He has experience in the Growth Management Act, zoning, shoreline regulations, environmental compliance and wetland regulation. Jack is a 1978 graduate of Harvard College and a 1982 graduate of Harvard Law School.

Michael G. Neff, member of Haglund, Kirtley, Kelley, Horngren & Jones, LLP, represents clients in the areas of Commercial and Environmental Litigation and Administrative Law. Best Use and a qualified expert witness in several State and Federal Courts.

Michael O’Connell practices in the firm’s Environmental, Land Use and Natural Resources practice group on matters relating to large project permitting, including environmental and natural resources law, wetlands, threatened and endangered species, water rights, water quality and Indian law.

Elaine L. Spencer is a shareholder at Graham & Dunn PC, where she focuses on general trial practice with an emphasis on land use, forest practices, water rights, Indian treaty rights, and condemnation.

Bob C. Sterbank is the City Attorney for the City of Olympia, and the former City Attorney for the City of Federal Way. Mr. Sterbank has been a regular faculty member for the "Takings" CLE, and has taught and written extensively on other land use and growth management issues, including serving as a faculty member for the National Judicial College's 1999 program "Trying and Settling Land Use Cases."

Robert W. Thorpe, Principal of Thorpe and Associates, has over 28 years of experience in the planning field. He was involved in the development of many unique and innovative planning programs while working at the City of Mercer Island including the development of implementation tools such as SEPA Guidelines, Design Commission Guidelines, and Zoning Codes.

Michael C. Walter is a shareholder with Keating, Bucklin & McCormack, Inc., P.S. where he represents municipal clients primarily in cases involving land use disputes throughout Washington State.