Law Seminars International Presents: A Comprehensive One-Day Seminar on

Regulatory Takings
Recent court decisions and evolving legal and regulatory landscapes

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

June 21, 2011
Renaissance Seattle Hotel in Seattle, WA

Who Should Order This Homestudy

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

Why You Should Order

The prospect of government regulation "taking" private property is an emotionally charged one for property owners and a potentially costly one for government officials. Parties from both sides need to understand the complexities of federal and Washington law that dictate when regulation goes "too far" and becomes a "taking" for which compensation is due.

This seminar offers an in-depth review of that law, including its most recent emanations. You will learn the historical roots of the compensation requirement, get the latest on how Washington and federal courts are applying the takings clause, explore the takings-related hazards lurking in Washington law and emerging local regulatory techniques, and gain practical tips from those who have litigated takings cases.

~ G. Richard Hill, Esq. and Roger Wynne, Esq., Program Co-Chairs

What You Will Learn


Tuesday, June 21, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

G. Richard Hill, Esq., Program Co-Chair
McCullough Hill, PS / Seattle, WA

Roger Wynne, Esq., Program Co-Chair, Director, Land Use Section
Seattle City Attorney's Office / Seattle, WA

8:45 am

The Justification for the Compensation Requirement

The historical underpinnings and economic rationale for the takings doctrine

G. Richard Hill, Esq., Program Co-Chair
McCullough Hill, PS / Seattle, WA

9:15 am

When Have You Taken and Why May You Take?

The aftermath of the Kelo decision and the key differences between federal and Washington takings law

Roger Wynne, Esq., Program Co-Chair
Seattle City Attorney's Office / Seattle, WA

9:45 am

Beyond Categoricality: Penn Central in Action

Understanding Penn Central; practical tips for using it at trial

Elaine L. Spencer, Esq.
Graham & Dunn PC / Seattle, WA

10:30 am


10:45 am

The Legal Ethics of Regulatory Takings

Tadas Kisielius, Esq.
GordonDerr LLP / Seattle, WA

11:45 am


1:00 pm

Taking Claims' "Near Equivalents"

RCW 82.02, exactions and development agreements

Carol A. Morris, Esq.
Morris Law, P.C. / Seabeck, WA

1:45 pm

Reasonable Use and Landmarks Preservation

Lessons from the Ballard Denny's case

John C. "Jack" McCullough, Esq.
McCullough Hill, PS / Seattle, WA

2:15 pm

Nexus and Rough Proportionality: Whither Nollan & Dolan?

Jeffrey M. Eustis, Esq.
Aramburu & Eustis, LLP / Seattle, WA

3:00 pm


3:15 pm

Incentive Zoning and TDRs: Takings or Giveaways?

How are they constitutionally justified, and when do they go too far?

Brian T. Hodges, Esq.
Pacific Legal Foundation / Bellevue, WA

3:45 pm

Trying the Takings Case

Practical tips and traps to avoid

Samuel A. Rodabough, Esq.
Groen Stephens & Klinge LLP / Bellevue, WA

Michael C. Walter, ., Esq.
Keating, Bucklin & McCormack, Inc., P.S. / Seattle, WA

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.


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

Continuing Education Credits

Live credits: This program qualifies for 6.5 WA CLE credits, including 1 ethics credit; 6 WA APP hours; 6 WA RE CE hours and 6.50 AICP CM. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Faculty Bios

G. Richard Hill, Program Co-Chair and partner at McCullough Hill, PS, focuses on the land use entitlement process, assisting clients in obtaining governmental approvals for developments. He is listed in Best Lawyers and Chambers USA.

Roger Wynne, Program Co-Chair, is the Director of the Land Use Section of the Seattle City Attorney’s Office. He was recently appointed an adjunct professor at Seattle University School of Law and is the author of several law review articles, the most recent of which is The Path Out of Washington’s Takings Quagmire: The Case for Adopting the Federal Takings Analysis, 86 Wash. L. Rev. 125 (2011).

Jeffrey M. Eustis, partner at Aramburu & Eustis, LLP, focuses on land use and environmental law. He is the author of Chapter 111, Land Use Appeals and Litigation-Challenging the Action, within the Real Property Deskbook and an adjunct professor of law at Seattle University where he teaches a course on the GMA, NEPA, SEPA and the ESA.

Brian T. Hodges, Managing Attorney at Pacific Legal Foundation's Northwest Center, concentrates on property rights issues, land use, growth management, regulatory takings and eminent domain abuse.

Tadas Kisielius, partner at GordonDerr LLP, advises on issues related to water and land use law, including permitting of new water appropriations, transfers and changes of existing water rights, water rights transactions, securing land use approvals for development projects, and compliance with GMA, SMA and SEPA.
Full bio and contact info for Tadas Kisielius at GordonDerr LLP

John C. "Jack" McCullough, partner at McCullough Hill, PS, concentrates on land use law and real estate financing and development. He is experienced in the Growth Management Act, zoning, shoreline regulations, environmental compliance and wetland regulation.

Carol A. Morris is founder of Morris Law, P.C. where she practices land use law. She also represents the 80-plus cities in the Association of Washington Cities insurance pool (RSMA) in land use litigation, and answers questions on a land use hotline established by the pool.

Samuel A. Rodabough practices land use and environmental law at Groen Stephens & Klinge LLP. Previously, he served as a judicial clerk to Justice James M. Johnson of the Washington State Supreme Court and was associate at Pacific Legal Foundation.

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

Michael C. Walter, shareholder at Keating, Bucklin & McCormack, Inc., P.S. defends local and state government in civil lawsuits and legal claims. His practice covers municipal, land use, regulatory, environmental, civil rights and tort-related issues and is a "Super Lawyer."