Professionals who deal with land use actions must understand and navigate a variety of regulations pertaining to zoning, nonconforming uses and environmental laws. Federal, state and local laws all come into play in this area, and you must be prepared to deal with the red tape of bureaucracy in order to help clients achieve their desired outcome. Are you ready to represent clients - or work with other professionals - on land use issues?

Sharpen your skills in this complex area of law! Order today to learn how to skillfully counsel your clients by understanding land division regulations. Follow proper procedures so nonconforming uses protect your current land use projects. Anticipate and form strategies for possible litigation, and assess your understanding of environmental and special use regulations. Protect your practice by avoiding ethical issues that arise in land use actions. Get up to speed on the land use issues that affect your daily work!

1. Negotiating the Maze of Land Division Regulation
2. Understanding The Law of Nonconforming Uses
3. Litigating the Land Use Case
4. Uncovering a Lawyer's Ethical Responsibility in Land Use Law
5. Ensuring Compliance with Environmental and Special Use Regulations

Continuing Education Credits:   

* denotes specialty credits

1. NEGOTIATING THE MAZE OF LAND DIVISION REGULATION
   9:00 - 10:30, William V. Ferdinand Jr. and Durward W. Parkinson
   1. Defining the Basic Law Governing the Division of Land
   2. Delegating Authority to Local Governing Bodies
   3. Familiarizing Yourself With Procedures and Standards
   4. Platting Procedures and the Approval Process
   5. Exemptions and Exception to Land Division Regulations
   6. Avoiding Prohibited Land Division
   7. Understanding the Penalties and Resolutions Available for Non-Compliance
   8. What Do You Do When the Regulation is in the “Gray Area” and Approval is Denied?
   9. Current Developments in Land Use Regulation
2. UNDERSTANDING THE LAW OF NONCONFORMING USES
   10:45 - 12:00, Durward W. Parkinson
   1. Identifying and Handling Nonconforming Uses
      1. The Meaning of "Grandfathered" Uses and Permit Applications
      2. Expansion or Enlargement - Meeting Tighter Restrictions
      3. What Constitutes a "Change of Use?"
      4. When a Use is No Longer in Use - Dealing With Abandonment or Discontinuance
      5. Modifying the Use - Receiving Administrative Approval
   2. Distinguishing Nonconforming Lots and Structures
      1. Similarities and Differences From Nonconforming Use
      2. Applying Local Ordinances - Expansion or Enlargement Matters
      3. Eliminating Nonconforming Lots - Mergers as an Option?
      4. When the Structure Becomes Abandoned - Voluntarily or Through Destruction
      5. When the Property Owner is Denied - Seeking Relief Through Variance Appeals and Other Administrative Avenues
3. LITIGATING THE LAND USE CASE
   1:00 - 2:15, James B. Haddow
   1. The Power to Zone: Who Has it and Where Does it Come From?
   2. Property Rights vs. Police Power
   3. Solutions to the Various Types of Land Use Disputes
   4. Facing Administrative Zoning Disputes
   5. Proper Handling of Administrative Appeal to the Courts
   6. Challenges to Constitutional Validity
   7. Assessing Damages: The New Frontier
   8. Appellate Review: What to Expect
4. UNCOVERING A LAWYER'S ETHICAL RESPONSIBILITY IN LAND USE LAW
   2:30 - 3:30, James B. Haddow
   1. Canon of Ethics - Requirements Under the Code of Professional Responsibility
   2. Ex Parte Contacts
   3. Avoiding Conflicts of Interest
   4. In Who’s Best Interests? Acting on Behalf of the Public
   5. Limitations Governing Rezoning: Walking the Ethical Line
   6. Ethical Concerns for Administrative/Quasi Judicial Actions
5. ENSURING COMPLIANCE WITH ENVIRONMENTAL AND SPECIAL USE REGULATIONS
   3:30 - 4:30, William V. Ferdinand Jr.
   1. How Endangered Species Fit into Land Use
   2. Controlling Wetlands Use and Abuse
   3. Understanding Water Rights Implications on Land Use
   4. Environmental Conditions and Features Affecting Property Development
   5. Pollution Control and Permits
   6. Environmentally Distressed Property - What Are You Liable for and How Do You Reduce the Impact?
   7. Brownfields Initiatives: How They May Affect Your Clients' Plans

WILLIAM V. FERDINAND JR. is a shareholder and director at Eaton Peabody, P.A., in Augusta, where he practices in the areas of environmental law, land use and legislative affairs. Prior to joining Eaton Peabody, P.A., he was on the staff of the state planning office, where he advised the Maine legislature and state agencies on environmental and economic development policy. Mr. Ferdinand has spoken to various groups on areas related to his practice. He earned his B.A. degree from St. Lawrence University, his J.D. degree from Tulane Law School and his M.S.L. degree in environmental law from Vermont Law School. Mr. Ferdinand is a member of the Maine State and American bar associations.

JAMES B. HADDOW is a partner in the Portland law firm of Petruccelli, Martin & Haddow, LLP, where he represents both plaintiffs and defendants in civil trials. Mr. Haddow often speaks and writes about topics in civil trial practice. He earned his B.A. degree in philosophy, with distinction, from Colby College and his J.D. degree from the University of Maine. Mr. Haddow is a member of the Cumberland County, Maine State and American bar associations, the Maine Trial Lawyers Association and The American Association of Justice.

DURWARD W. PARKINSON is a partner in the law firm of Bergen & Parkinson, LLC, where his practice areas include real estate and zoning, mediation, commercial litigation, municipal and land use law. He has represented real estate developers, neighborhood groups and municipalities in several high profile litigation matters. Mr. Parkinson is the editor of a training manual for governmental officials on land use regulations and has lectured extensively on this subject. He also provides training for municipal boards on their legal responsibilities. Mr. Parkinson also has served as a mediator and facilitator on legal and community issues. He has argued more than 20 cases before the Maine Supreme Judicial Court, including the widely published Wells Beach case. Mr. Parkinson is a member of the York County and the Maine State bar associations. He earned his A.B. degree from Brown University and his J.D. degree from the University of Virginia School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com