Lands Letter - 07/27/2004 (Plain Text Version)

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In this issue:
Mississippi Home Builders Win Impact Fee Case
Upcoming Conference on Land Use, Discrimination, and the Fair Housing Act
Texas Takings Victory
Texas Supreme Court Gives, But Decides Not To 'Take'
Are You Using the LANDS Online Membership Directory?
A Storm Water Permit Is Not Required Simply For Disturbing Land
Welcome New LANDS Members!
New Eminent Domain Law in Effect in Massachusetts
Court Declines To Delist Pygmy-Owl, Although Listing Declared Arbitrary
Another Court Upholds Endangered Species Act Ruling, But . . .
Legislative Update
LANDS Member Profiles
Two Recent LANDS Conferences Focus on Developers Nationwide

Two Recent LANDS Conferences Focus on Developers Nationwide

2004 LANDS Roundtable & Workshop

NAHB’s fifteenth annual LANDS Roundtable & Workshop on April 3-4, 2004, in Napa, California, received rave reviews! The two-day conference was attended by forty-five LANDS members and included presentations by preeminent land use attorneys on impact fees, eminent domain, takings, endangered species, wetlands and due process violations. In addition, workshop attendees discussed litigation techniques, practice tips, and ethics in the context of land use law. Dave Wilson, NAHB First Vice President, addressed luncheon guests on current issues in the housing finance arena. As in the past, the conference provided a forum like no other to discuss trends in land use and environmental law with attorneys who represent our members in many jurisdictions across the nation.

LANDS Mini-Conference on Ripeness, Standing & Final Agency Action

On May 19, 2004, NAHB sponsored a one-day LANDS mini-conference in Washington, D.C., focusing on standing, ripeness & final agency action. It was a great meeting and well attended by both LANDS members and NAHB outside counsel. Discussion topics included a survey of the case law, doctrinal sources including legislative history of administrative law, and common threads among these three doctrines. Conference attendees developed strategies to address these issues in several upcoming court of appeals cases. Strategies also included identifying practical steps to take in future cases, in advance of filing suit against federal agencies, in order to defeat standing, ripeness or final agency action challenges and allow courts to reach the merits of the case. The PowerPoint presentation from the program is available on the LANDS Web site.