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2011 Takings Conference

Takings Conference 2011

November 18, 2011
Georgetown University Law Center
Washington, D.C.

This conference explores the regulatory takings issue as it relates to land use and environmental regulation. 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 takings claims generated by major flooding events in the Mississippi River, including Hurricane Katrina and the Mississippi floods of 2011, the takings issues raised by the threat of climate change, the tension between traditional notions of public rights in water resources and modern takings cases arising from regulation of water uses, questions about the proper application of Penn Central, and the problem of so-called "unsuccessful exactions."

Takings Conference 2011

Key Questions to be Addressed

Is the government liable for a taking for causing or contributing to the flooding of
private lands?

Does a lack of “reasonable investment-backed expectations” bar a taking claim?

Can courts and litigators make sense of the notoriously muddy Penn Central analysis?

What novel and difficult takings problems is climate change likely to produce?

How do private rights in land and water differ, and what are the implications of these differences for takings litigation?

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General Conference Documents

CLE accreditation will be requested for:
8.25 CLE credit hours (60-minute hour)
9.90 CLE credit hours (50-minute hour)


Conference Schedule

7:30 to 9:30
Registration and Continental Breakfast

8:00 to 9:00
Introductory Program on Takings and Related Constitutional Doctrines
Denise G. Fjordbeck, Oregon Department of Justice
Robert Meltz, Congressional Research Service
-- the definition of “property” under the Takings Clause
-- the different takings tests
-- procedural obstacles to mounting takings claims
-- takings claims versus due process and equal protection claims

9:00 to 9:15
Welcome and Introductions

9:15 to 10:15
Takings Claims and Flooding in the Mississippi River Basin
Mark Barron, U.S. Department of Justice
Martin R. Cohen, U.S. Army Corps of Engineers
J. Michael Ponder, Cook, Barkett, Ponder & Wolz, L.C.
-- the per se rule for permanent inundations
-- floodway easements and their limitations
-- potential government liability for exacerbating flood risks

10:15 to 10:30
Coffee Break

10:30 to 11:30
The Once and Future “Parcel as a Whole Rule”
Steven J. Eagle, George Mason University School of Law
Daniel L. Siegel, California Attorney General’s Office
-- the logical foundations of the parcel rule
-- applying the parcel rule to related entities
-- applying the rule to a developer’s “boot”

11:30 to 12:30
Penn Central Issues
Thomas W. Merrill, Columbia Law School
Gregory M. Stein, University of Tennessee College of Law
-- applying the Penn Central factors
-- Palazzolo and reasonable investment-backed expectations

12:30 to 1:00

1:00 to 1:45
Keynote Address on Takings Law
William M. Treanor, Executive Vice President and Dean of the Law Center, Georgetown University Law Center

1:45 to 2:45
The Problem of “Unsuccessful Exactions”
David Callies, University of Hawaii Williamson S. Richardson School of Law
Mark Fenster, University of Florida Levin College of Law
-- the scope of Nollan and Dolan
-- the viability of the “unsuccessful exactions” claim

2:45 to 3:00
Coffee Break

3:00 to 4:15
Private Entrenchment and Public Reservations
John D. Echeverria, Vermont Law School
Joseph L. Sax, UC Berkeley School of Law
Christopher Serkin, Brooklyn Law School
-- varieties of “private entrenchment” and its limits
-- anti-entrenchment under the sovereign acts doctrine
-- reserved public rights in public water

4:15 to 5:30
Takings Law and Climate Change
J. Peter Byrne, Georgetown University Law Center
Alexandra B. Klass, University of Minnesota School of Law
A. Daniel Tarlock, ITT Chicago-Kent College of Law
-- regulating coastal development in the era of sea level rise
-- renewable energy development and transmission line siting
-- takings claims based on regulation of shrinking water supplies


General Information

Conference Location:

Gewirz Student Center, 12th Floor
Georgetown University Law Center
120 F Street, NW
Washington, DC


The following hotels are in reasonable proximity to Georgetown Law and
are recommended for conference participants:

Hyatt Regency Washington DC on Capitol Hill
400 New Jersey Avenue, NW
Washington, DC 20001
(202) 737-1234 | (800) 233-1234
When calling for reservations, ask for Corporate Number 58549.

The Liaison Capitol Hill, An Affinia Hotel
415 New Jersey Avenue, NW
Washington, DC 20001
(202) 638-1616 Rate
When calling for reservations, ask for the Georgetown rate.

The Hotel George
15 E Street, NW
Washington, DC 20001
(202) 347-4200 | (800) 576-8331
Use the Georgetown Law Rate Code GUL

Speakers are subject to change.

Cancellations/Rain Checks
Please email your cancellation notice to by 5:00 pm EST on November 14, 2011 for a refund (less $100 administrative fee). Rain checks for a future program will be granted for cancellations received after November 14 and prior to the start of the program.

CLE Credits
Accreditation will be requested from states with mandatory Continuing Legal Education requirements for 8.25 credits (based on a 60-minute hour) and 9.9 credits (based on a 50-minute hour). Georgetown University Law Center is an accredited CLE provider in most MCLE states. Georgetown Law CLE is a State Bar of California approved MCLE provider. Some states require nominal accreditation fees, and you will be asked to submit payment at the program’s conclusion.

For questions or registration help, please contact Anne Mansfield at
Vermont Law School:

Call: 802-831-1338
Fax: 802-831-1043

Conference Sponsors

Vermont Law School, Environmental Law Center

Georgetown University Law Center,
Georgetown Climate Center and Georgetown
Environmental Law & Policy Program

American Planning Association,
Planning and Law Division

International Municipal Lawyers Association

Maryland Municipal League

National Association of Counties

National League of Cities

National State Attorneys General Program at
Columbia Law School

U.S. Conference of Mayors

Virginia Municipal League