Takings Conference

The 17th Annual Conference on Litigating Takings Challenges to Land Use and Environmental Regulations

Friday, September 19, 2014
UC Davis School of Law
400 Mrak Hall Drive, Davis, California

Register Online | Download Brochure

About the Conference

This conference explores the regulatory takings issue as it relates to land use and environmental regulation. In addition to offering a basic education in modern takings law, the conference brings together a diverse group of leading scholars and experienced practitioners to discuss cutting-edge issues raised by recent decisions and pending court cases. Some of the topics to be discussed include the practical implications of the Supreme Court's 5 to 4 decision in Koontz v. St. Johns Water Management District for state and local government land use standards and procedures. The conference will also address the potential effects of the Supreme Court's decision in Marvin M. Brandt Revocable Trust v. United States on the Rails to Trails program in the western United States. National experts will also discuss the new, hotly contested idea of using the eminent domain power to take over underwater residential mortgages. Other major topics will include the potential takings issues associated with water management and possible takings claims that may arise from efforts to adapt to climate change.

CLE accreditation will be requested for 8.5 CLE credit hours (60-minute hour).

Featured Keynote Address in Honor of Joseph Sax: “Joe Sax: An Appreciation,” presented by Holly Doremus, James H. House and Hiram H. Hurd Professor of Environmental Regulation, UC Berkeley School of Law

Key Questions to be Addressed

  • - What is the future of inclusionary housing requirements in California?
  • - Does a government restriction on the use of water to protect the environment result in a taking?
  • - Can municipalities impose in lieu fees or other monetary exactions on developers after Koontz?
  • - What will be the impact of the Brandt decision on future rail-trail projects in the West?
  • - What takings issues are likely to arise from the Bay Delta Conservation Plan?
  • - Can the eminent domain power help solve the problem of underwater mortgages?

Conference Schedule

7:30 to 9:30
Registration and Continental Breakfast

8:00 to 9:00
Introductory Program on Takings and Related Constitutional Doctrines
Richard Frank, UC Davis Law School
Robert Meltz, Congressional Research Service

9:00 to 9:15
Welcome and Introductions

9:15 to 10:45
Life after Koontz?
Ann Carlson, UCLA Law School
John Echeverria, Vermont Law School
Timothy Mulvaney, Texas A&M Law School
Shelley Saxer, Pepperdine University School of Law
Andrew Schwartz, Shute Mihaly and Weinberger

10:45 to 11:30
Parcel as a Whole
David Dana, Northwestern University School of Law
Justin Pidot, University of Denver Sturm College of Law

11:30 to 12:30
Taking Underwater Mortgages
Tom Deutsch, American Securitization Forum, Inc.
Robert Hockett, Cornell Law School

12:30 to 1:00

1:00 to 1:45
Joe Sax: An Appreciation
Holly Doremus, James H. House and Hiram H. Hurd Professor of Environmental Regulation, UC Berkeley School of Law

1:45 to 2:45
Brandt and the Rails to Trails Program
Katherine Barton, U.S. Department of Justice
James Burling, Pacific Legal Foundation
Danaya Wright, Levin College of Law, University of Florida

2:45 to 3:45
Water Regulation and Management
Ann Navaro, US Army Corps of Engineers
William Shapiro, US Department of Justice
Daniel Siegel, California Department of Justice

3:45 to 4:00

4:00 to 5:30
Adaptation to Coastal Change
Lisa Bova-Hiatt, New York State Office of Storm Recovery
Peter Byrne, Georgetown University Law Center
Sean Hecht, UCLA Law School
Hope Schmeltzer, California Coastal Commission
Christopher Serkin, Vanderbilt Law School

5:30 to 6:30

General Information


The following hotel located on the UC Davis campus has made moderately priced rooms available to conference speakers and participants: We urge conference speakers and participants to make their reservations as soon as conveniently possible.

Hyatt Place
173 Old Davis Road Extension
Davis, California 95616
Register online: http://ucdavis.place.hyatt.com/en/hotel/home.html?corp_id=G-SLTC
Or call: 1-888-HYATT HP (1-888-492-8847)
(reference UCD School of Law Takings Conference)


Speakers are subject to change.

Cancellations/Rain Checks:

Please email your cancellation notice to apatton@vermontlaw.edu by 5:00 p.m. EST, September 15, 2014, for a refund (less $100 administrative fee). Rain checks for a future program will be granted for cancellations received after September 15 and prior to the start of the program.

CLE Credits:

Accreditation will be requested from the California Bar Association for 8.5 credits (based on a 60-minute hour). UC Davis School of Law is an accredited CLE provider in the State of California.


For questions or registration help, please contact Ashley Patton at Vermont Law School:

Call: 802-831-1314
Fax: 802-831-1140
Email: apatton@vermontlaw.edu

Conference Faculty

Katherine Barton
Environment and Natural Resources Division
US Department of Justice
Washington, DC

Lisa Bova-Hiatt
General Counsel
New York Governor’s Office of Storm Recovery
New York, NY

James Burling
Director of Litigation
Pacific Legal Foundation
Sacramento, CA

Peter Byrne
Professor of Law
Associate Dean (JD Program)
Faculty Director, Georgetown Environmental Law and Policy Program
Faculty Director, Georgetown Climate Center, Georgetown University Law Center
Washington, DC

Ann Carlson
Shirley Shapiro Professor of Environmental Law
Faculty Director, Emmett Institute on Climate Change and the Environment
Vice Dean for Faculty Recruitment and Intellectual Life
UCLA Law School
Los Angeles, CA

David Dana
Kirkland & Ellis Professor of Law
Northwestern University School of Law
Chicago, IL

Tom Deutsch
Executive Director
American Securitization Forum, Inc.
New York, NY

Holly Doremus
James H. House and Hiram H. Hurd Professor of Environmental Regulation
UC Berkeley School of Law
Berkeley, CA

John Echeverria
Professor of Law
Vermont Law School
South Royalton, VT

Richard Frank
Director, California Environmental Law and Policy Center
Professor of Environmental Practice
Davis, CA

Sean Hecht
Co-Executive Director
Emmett Institute on Climate Change and the Environment
UCLA School of Law
Los Angeles, CA

Robert Hockett
Professor of Law
Cornell Law School
Ithaca, NY

William Lazarus
Assistant Chief, Appellate Section
Environment and Natural Resources Division
US Department of Justice
Washington DC

Robert Meltz
Legislative Attorney
Congressional Research Service
Washington, DC

Timothy Mulvaney
Associate Professor of Law
Texas A&M University School of Law
Fort Worth, TX

Ann Navaro
Assistant Chief Counsel for Litigation
U.S. Army Corps of Engineers
Washington, DC

Justin Pidot
Assistant Professor
University of Denver Sturm College of Law
Denver, CO

Shelley Saxer
Vice Dean
Professor of Law
Pepperdine University School of Law
Malibu, CA

Hope Schmeltzer
Chief Counsel
California Coastal Commission
San Francisco, CA

Andrew Schwartz
Shute Mihaly and Weinberger
San Francisco, CA

Christopher Serkin
Professor of Law
Vanderbilt Law School
Nashville, TN

William Shapiro
Environment and Natural Resources Division
U.S. Department of Justice
Sacramento, CA

Daniel Siegel
Supervising Deputy Attorney General
California Department of Justice
Sacramento, CA

Danaya Wright
Clarence J. TeSelle Endowed Professor
Levin College of Law, University of Florida
Gainesville, FL

Conference Sponsors


  • Vermont Law School
  • UC Davis School of Law
  • Georgetown University Law Center
  • Conference of Western Attorneys General
  • California Department of Justice
  • League of California Cities
  • California Environmental Law & Policy Center
  • Georgetown Climate Center
  • American Planning Association, Planning and Law Division
  • Bar Association of San Francisco Environmental Law Section
  • California County Counsels Association
  • Emmett Institute on Climate Change and the Environment
  • Environmental Law Section of the State Bar of California
  • International Municipal Lawyers Association
  • National Association of Counties
  • National League of Cities
  • Sacramento County Bar Association Environmental Law Section
  • US Conference of Mayors
  • UC Davis Environmental Law Society

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