Aug 4, 2015
1:00 – 2:30 PM ET
CM 1.50 L 1.50
CLE credits also will be available
The Planning and Law Division of the American Planning Association is pleased to host the upcoming webcast Housing and Takings: A Look at the U.S. Supreme Court’s Inclusive Communities Project and Horne Decisions on Tuesday, August 4, 2015 from 1:00 to 2:30 p.m. ET. Registration is $20 for PLD members, $40 for nonmembers, and $45 for the webinar and PLD membership.
In June, the U.S. Supreme Court decided two cases which are likely to have significance for planners. In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the Court upheld the use of disparate impact analysis in Fair Housing Act claims. Among other groups, local governments will continue to have potential disparate impact liability, particularly now that the federal Department of Housing and Urban Development has finalized a rule requiring increased scrutiny of zoning and other local regulatory practices as a condition of local governments’ receipt of funds through HUD grant programs. In Horne v. Department of Agriculture, the Court found that a raisin producer was entitled to compensation for a taking of property where the federal government fined the raisin producer for failing to turn over raisins as required by a price control law. The Court held that the forced turnover of raisins could be considered a physical invasion of property. The Horne decision represents an expansion of takings law, and it could have a ripple effect on other government regulatory programs requiring the turnover of private property as a condition of market participation. The webinar will cover both cases, including a description of each case’s background and holding, the likely consequences for practicing planners.
Speakers include: Brian J. Connolly, Esq., Attorney, Otten Johnson Robinson Neff + Ragonetti, P.C., Denver; David L. Callies, Esq., FAICP, Benjamin A. Kudo Professor of Law, University of Hawaii, William S. Richardson School of Law, Honolulu; Donald L. Elliot, Esq., FAICP, Director, Clarion Associates, LLC, Denver; and Steven G. Polin, Esq., Steven G. Polin Attorney at Law, Washington, D.C.