Audio CD + Course Book
Land Use Law: Current Issues in Subdivision, Annexation and Zoning
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- The Subdivision and Development Plan Processes
- Zoning and Placement of Wireless Facilities: Federal and State Compliance
- Be Alert to the Legal and Practical Considerations of Annexation
- Stay on Top of Environmental Considerations
- Ethics in Land Use
Continuing Education Credit
Agenda / Content Covered
- THE SUBDIVISION AND DEVELOPMENT PLAN PROCESSES
9:00 - 10:15, Samuel E. Swafford
- The Subdivision Process
- The Subdivision Control Ordinance
- Adoption of a Subdivision Control Ordinance
- The Subdivision Control Ordinance Standards
- How to Obtain Primary Approval
- Notice and Hearing
- Findings and Decisions
- Who Can Grant a Waiver From a Condition of Primary Approval or a Standard in the Subdivision Control Ordinance
- How to Obtain Secondary Approval
- Recording the Plat
- Vacation of Plats
- Termination of Vacation Proceeding
- The Subdivision Control Ordinance
- The Subdivision Process
- Development Plans
- The Authority to Approve Development Plans
- Designation of Development Districts
- The Requisites for Approval of a Development Plan
- The Powers and Duties of the Plan Commission
- Review and Appeal
- Recent Case Law Update
- ZONING AND PLACEMENT OF WIRELESS FACILITIES: FEDERAL AND STATE COMPLIANCE
10:30 - 11:45, Douglas W. Everette
- What Wireless Structures are Covered?
- Wireless Application Denials
- Departure From Section 322 - The Spectrum Act
- Revising Land Use/Zoning Codes for FCC Rule Consistency
- Environmental and Historic Preservation Review
- Recent Changes in FCC and Indiana Wireless Facilities Law
- Lease Negotiation Strategies
- BE ALERT TO THE LEGAL AND PRACTICAL CONSIDERATIONS OF ANNEXATION
11:45 - 1:00, Scott A. Krapf and Tricia A. Leminger
- Update on Key Issues in Annexation Law
- Get it Right the First Time - Understand Filing Requirements
- How County Commissioners Impact Annexation Decisions
- How to Request a Review by the Courts
- Successful and Unsuccessful Challenges to Annexation
- What Does Contiguity Mean? How Does it Apply?
- How the General Good of the Territory is Determined
- How Mergers, Detachment, Incorporation and Local Government Changes Impact Annexation
- What Happens to Pre-Annexation Agreements
- What You May Not Know About Joint Economic Developments
- Review of Current Annexation Case Law and How it Applies
- STAY ON TOP OF ENVIRONMENTAL CONSIDERATIONS
2:00 - 3:15, Carrie G. Doehrmann
- Look at the Impact of Environmental Regulations on Land Use
- How Endangered Species Fit Into Land Use
- Why Primary Permit Requirements are Vital to Successful Development
- Strategies for Controlling Wetlands Use and Abuse
- Who Does Superfund Liability Extend To?
- Reuse of Environmentally Impaired Property: Liability Issues and Impact Reduction
- How Hazardous Substances Impact Land Development
- ETHICS IN LAND USE
3:30 - 4:30, Mary A. Slade
- Code of Professional Responsibility
- Land Use Decisions for the Public Good
- Duty to Protect the Environment
- Ex Parte Contacts
- Conflicts of Interest
CARRIE G. DOEHRMANN is a member at Frost Brown Todd LLC, and concentrates her practice in environmental law, insurance coverage litigation and enforcement defense litigation. She has defended clients in state and federal enforcement and private recovery actions involving the Comprehensive Environmental Response and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). In addition, Ms. Doehrmann has defended clients in litigation involving multiple Indiana environmental laws including the Underground Storage Tank Act (USTA), the Environmental Legal Actions statute (ELA), and the Flood Control Act, and in multiple actions involving properties in the Indiana Brownfields and Voluntary Remediation programs. She routinely represents clients before multiple administrative boards, including the Indiana Office of Environmental Adjudication and the Indiana Natural Resources Commission. Ms. Doehrmann has advised clients on matters concerning the Emergency Planning and Community Right to Know Act. She also advises insurance companies on such matters as coverage for claimed environmental contamination, including Superfund sites. Ms. Doehrmann represents insurance companies in litigation on complex coverage issues. In addition, she has represented insurers in actions involving bad faith, in particular, matters involving conflicts of interest and claims handling practices. Ms. Doehrmann is a member of the Defense Research Institute; as well as the American, Indianapolis (Environmental Committee), and Indiana State (Environmental Committee) bar associations. She received her B.A. degree from DePauw University and her J.D. degree from the Indiana University School of Law.
DOUGLAS W. EVERETTE is of counsel in Barnes & Thornburg LLP's Indianapolis and Washington D.C. offices and is a member of the Corporate Department and the energy, telecommunications and utilities practice group. He concentrates his practice on the representation of investor-owned utilities, independent power producers, renewable resources, energy regulatory aspects for the financing, development, acquisition and disposition of energy assets. Mr. Everette also has extensive experience in federal and state telecommunications law and policy. He is a member of the District of Columbia Bar, Energy Bar Association, Federal Communications Bar Association, Electric Cooperative Bar Association and International Energy Credit Association. Mr. Everette earned his B.A. degree from Indiana University, his M.A. degree from the University of South Florida, and his J.D. degree from the Syracuse University College of Law.
SCOTT A. KRAPF is an attorney with Frost Brown Todd LLC, where he practices in the areas of lending and finance. He received both his B.S. and M.S. degrees from Illinois State University and his J.D. degree from Indiana University Maurer School of Law. Prior to joining Frost Brown Todd, Mr. Krapf was an assistant commissioner for the Ohio Valley Conference and worked as a judicial law clerk for the Montgomery County Superior Court.
TRICIA A. LEMINGER is a member with Frost Brown Todd LLC, where she advises government entities, public safety officials, fire chiefs, police chiefs, businesses, political officials, boards and commissions on multiple aspects of local government and business matters. She provides counsel in areas such as public safety, open door law, redevelopment and economic development, land use planning and annexation, consolidation, and labor and employment matters. Ms. Leminger received her B.A. degree from Purdue University and her J.D. degree from Indiana University, Robert H. McKinney School of Law.
MARY A. SLADE is the Indiana State counsel for First American Title Insurance Company, providing underwriting analysis and support for commercial and residential transactions. She has seven years of experience in private practice in creditor’s rights, bankruptcy, and real estate litigation and transactions. Ms. Slade has also served as a regional counsel in claims and underwriting for three national title insurance carriers in 16 states and the District of Columbia; as well as a deputy prosecuting attorney for Marion County, Indiana. She was a co-founder and the executive production editor for the Indiana International & Comparative Law Review. Ms. Slade has served three years as the education chair for the Indiana Land Title Association. Her programs on title insurance and real estate have been accredited for title insurance license or attorney license credit in Indiana, Pennsylvania, Ohio, Maryland, Virginia, and West Virginia. She is the co-editor of the Indiana State Bar Association Probate, Property and Real Estate newsletter. Ms. Slade is a member of the Indiana State Bar Association and currently serves as the 2017 chair elect for the Probate Property and Real Estate Section. She earned her undergraduate degree from Butler University and her J.D. degree from Indiana University School of Law.
SAMUEL E. SWAFFORD is an attorney with Faegre Baker Daniels LLP, where he advises clients on a variety of real estate matters, including acquisitions, leasing, development, land use/zoning, economic incentives, and financing and management. During law school, Mr. Swafford gained experience as a legal extern for the Honorable Jane Magnus-Stinson in the U.S. District Court for the Southern District of Indiana, and for the Honorable Heather Welch in Marion County Superior Court. He also served as a summer associate at Faegre Baker Daniels and a legal intern for the Securities Division of the Indiana Secretary of State. Mr. Swafford received his B.A. degree from DePauw University and his J.D. degree, cum laude, from Indiana University Robert H. McKinney School of Law.
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