Live Seminar

Land Use Law: Current Issues in Subdivision, Annexation and Zoning

Seminar

Date:

Wednesday, February 28, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78366ER

Location:

Doubletree by Hilton Raleigh Brownstone-University

1707 Hillsborough Street

Raleigh, NC 27605

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NC CLE - 6.00

Other

  • AIA - 6.00
  • AICP - 6.00
  • IACET - 0.60
  • Surveyor - 6.00

Program Description

Confidently Handle Subdivision, Annexation and Zoning Processes

Looking for the latest developments on land use law? Want to know how to use the laws and regulations to your fullest advantage? With this one-day seminar, quickly advance your understanding and learn how to avoid legal entanglements to make sure every transaction is smooth and successful. Don't miss this opportunity to attain the information you need - register today!

  • Expand your subdivision knowledge by knowing how city, county and township platting processes work.
  • Analyze a comprehensive plan to determine if all the key elements are included.
  • Know how annexation decisions are made and what filing requirements need to be fulfilled.
  • Recognize who has the power to zone and how those decisions affect you.

Who Should Attend

This intermediate level program is designed for those who want to advance their land use knowledge to the next level. The following should attend:

  • Attorneys
  • City and urban planners
  • Local zoning and land use officials
  • Developers
  • Engineers
  • Architects
  • Appraisers
  • Surveyors

Course Content

  1. Analyze the Land Subdivision Process
  2. Understand the Development and Utilization of the Comprehensive Plan
  3. Be Alert to the Legal and Practical Considerations of Annexation
  4. Take a Comprehensive Look at Land Use Law
  5. Ethics in Land Use

Continuing Education Credit

American Institute of Architects – AIA: 6.00

American Institute of Certified Planners – AICP: 6.00

Continuing Legal Education – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

Surveyor – Surveyor: 6.00


* denotes specialty credits

Agenda / Content Covered

  1. ANALYZE THE LAND SUBDIVISION PROCESS
    9:00 - 10:15, Benjamin R. Kuhn
    1. How City, County and Township Platting Processes Work
    2. When Lot Splits and Industrial Lands Are Exempt
    3. Avoid Prohibited Land Division
    4. Rules Applying to Inspections, Dedications and Vacations
    5. Private or Public Streets? Which Choice and When?
    6. When Can Extraterritoriality Be Invoked
    7. The Powers and Processes of Planning Commissions: City vs. County vs. Regional
    8. When Subdivision is Not Zoning and Vice Versa
    9. What to Do When the Land Use Regulation is in the "Gray Area" and Approval is Denied
    10. Design Subdivision Regulations the Old Fashioned Way
    11. Get Up to Speed on the New Urbanism and Subdivision Regulations
    12. Review New Case Histories Involving Local Subdivisions
  2. UNDERSTAND THE DEVELOPMENT AND UTILIZATION OF THE COMPREHENSIVE PLAN
    10:30 - 11:45, John B. Adcock
    1. Definition of a Comprehensive Plan
    2. Key Components of a Comprehensive Plan
    3. How Comprehensive Plans for City, County and Township Differ
    4. What is the Basis for Land Use Control? A Policy, Map, or No Plan at All?
    5. The Importance of Consistency Within the Plan
    6. Procedures for the Adoption and Amendment of the Plan
    7. How the Plan is Implemented
    8. Tips for Working Within - and Outside - the Plan
  3. BE ALERT TO THE LEGAL AND PRACTICAL CONSIDERATIONS OF ANNEXATION
    12:45 - 2:00, Colin J. Tarrant
    1. Update on Key Issues in Annexation Law
    2. Get it Right the First Time - Understand Filing Requirements
    3. How County Commissioners Impact Annexation Decisions
    4. How to Request a Review by the Courts
    5. Successful and Unsuccessful Challenges to Annexation
    6. What Does Contiguity Mean? How Does it Apply?
    7. How the General Good of the Territory is Determined
    8. How Mergers, Detachment, Incorporation and Local Government Changes Impact Annexation
    9. What Happens to Pre-Annexation Agreements
    10. What You May Not Know About Joint Economic Developments
    11. Review of Current Annexation Case Law and How it Applies
  4. TAKE A COMPREHENSIVE LOOK AT LAND USE LAW
    2:15 - 3:30, Karen M. Kemerait
    1. Who Has the Power to Zone? How Does it Affect You?
    2. The Ins and Outs of Board of Zoning Appeals
    3. Ubiquitous Manufactured Housing: Implications for Your Community
    4. What Quasi-Judicial Decisions Usually Involve
    5. Navigating the Appeal Process
    6. What is Environmentally Driven Zoning Law?
    7. Determine the Impact of Current Land Use Law
  5. ETHICS IN LAND USE
    3:30 - 4:30, M. Jackson Nichols
    1. Code of Professional Responsibility
    2. Land Use Decisions for the Public Good
    3. Duty to Protect the Environment
    4. Ex Parte Contacts
    5. Conflicts of Interest

JOHN B. ADCOCK is the owner of Adcock Law Firm, P.A., and is a board-certified specialist in commercial real property law by the North Carolina State Bar. Mr. Adcock focuses his practice on commercial real property and land use regulations. In the area of commercial real property, Mr. Adcock regularly represents clients in the acquisition, assemblage, development and sale of commercial real estate. Mr. Adcock offers his clients a wide range of experience in land use matters. Prior to becoming an attorney, Mr. Adcock was a land use planner for multiple local governments in North Carolina and as an attorney, he has represented both local governments and private industry in rezonings, entitlement procedures, variance hearings and appeals to quasi-judicial proceedings. Mr. Adcock also formerly worked for the U.S. Department of Defense as a cartographer. His practice involves both litigation and transactions. He is a member of the North Carolina State Bar’s Real Property and Zoning, Planning and Land Use sections and is an associate member of the North Carolina Municipal Attorneys’ Association. Mr. Adcock earned his B.S. degree from Appalachian State University with a double major in geography and community and regional planning; his M.A. degree from the Catholic University of America in international affairs; and his J.D. degree from the University of Memphis.

KAREN M. KEMERAIT is of counsel with Smith Moore Leatherwood LLC, where she focuses her practice in the areas of utilities, zoning and land use, telecommunications, and administrative law. Ms. Kemerait represents numerous privately-owned and municipal water and wastewater companies, natural gas companies, and telecommunications companies in regulatory matters before the North Carolina Utilities Commission and in the purchase, sale, and construction of facilities. She also regularly represents telecommunications clients before state governmental agencies, permitting officials, and local zoning boards throughout North Carolina, as well as in appeals in state and federal courts. She frequently appears before boards of commissioners and city and town councils to obtain rezonings, special use and conditional permits, ordinance interpretations, and variances. Additionally, Ms. Kemerait defends complaints and handles hearings for professionals before administrative agencies, including the North Carolina Medical Board, the North Carolina Real Estate Commission, the North Carolina Board of Electrical Contractors, and the State Revenue Department. She received her B.A. degree from Davidson College and her J.D. degree from Wake Forest University School of Law.

BENJAMIN R. KUHN is of counsel with Ragsdale Liggett PLLC, where he focuses his practice on real estate, business, land use, zoning, administrative law, and litigation. Mr. Kuhn represents and advises commercial and residential developers in connection with a wide range of real estate and business related issues. He regularly represents developers, property owners, and businesses engaged in or affected by the acquisition, development, construction, operation and leasing of commercial and residential properties across the Triangle Area and throughout the state of North Carolina. Mr. Kuhn also represents business and individual clients in trial and appellate courts in order to protect their investments and property rights. He received his B.A. degree from the University of North Carolina and his J.D. degree from Temple University School of Law.

M. JACKSON NICHOLS is a partner with Nichols, Choi & Lee, PLLC, where his main areas of practice are public policy, administrative, labor and employment, occupational and professional licensing, regulatory and compliance, government, and commercial litigation. A formerly elected Wake County Court commissioner (1990-1994), he is admitted to practice before the North Carolina State Bar; the Fourth Circuit, U.S. Court of Appeals; the U.S. District Court Eastern, Middle and Western Districts of North Carolina; and the U.S. Supreme Court. Mr. Nichols is a member of the North Carolina and Wake County bar associations. He earned his B.A. degree from Davidson College, his M.P.P.S degree from Duke University and his J.D. degree from Wake Forest Law School.

COLIN J. TARRANT is a partner with Smith Moore Leatherwood LLP, where he focuses his practice on business and commercial litigation, real estate development, and land use. Having a unique blend of litigation, real estate, and land use experience, he concentrates his practice on representing clients in complex business, financial, employment, real estate, and land use litigation. In addition, Mr. Tarrant represents energy and utility companies, developers, builders, property owners, and local governments in land use, permitting, and municipal law matters. He regularly appears in state and federal court, as well as before city councils, planning commissions, and boards of adjustment related to site plans, subdivisions, annexations, text amendments, code interpretations, rezonings, and special use permits. Mr. Tarrant is an alternate member of the New Hanover County Board of Adjustment, a member of the Greater Wilmington Chamber of Commerce Board, and chair of the Executive Board of Wilmington Downtown, Inc. (WDI), which focuses on economic development issues in Wilmington's downtown. He received his B.A. degree from North Carolina State University and his J.D. degree from New England 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

Accreditation Details:

American Institute of Architects

N AIA: 6.00
NBI, Inc. is a Registered Provider with The American Institute of Architects Continuing Education System and is offering this registered program for 6.0 AIA/CES Learning Units, which will be reported to the AIA/CES for AIA members.


American Institute of Certified Planners

N AICP: 6.00
This activity has been approved by American Institute of Certified Planners for 6.0 CM credits, including 1.5 law credits. 100% attendance is required to receive CM credit.


Continuing Legal Education

NC CLE: 6.00 Includes - Ethics: 1.00
NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program will result in 6.0 hours of CLE credit, including 1.0 ethics. This program qualifies for Real Property Law specialization certification credit.


International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Explain the government's role in the subdivision process. 2. List four key components of a comprehensive plan. 3. Describe the filing requirements for annexation. 4. Explain the powers of Boards of Zoning Appeals. 5. List two environmental issues that can affect land use. 6. Distinguish between ethical and unethical land use practices.

Surveyor

NC SV: 6.00
This program is approved for 6.0 PDH by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors.


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How To Order

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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702