Agenda

Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.

Wednesday, September 6, 2023
9:00 am – 4:10 pm CDT


Presented by Paul G. Henry

Eminent Domain Powers

  • History and origins of eminent domain powers
  • Sources and limits on eminent domain powers in Missouri
    • Sources
      • United States Constitution, Missouri Constitution, Missouri statutes
    • Limits
      • Public purpose – judicial, necessity – legislative, just compensation
    • Adversarial
      • Procedures
  • Entities with eminent domain authority
    • State, counties and cities, utilities, redevelopment entities, others

Just Compensation

  • Full indemnity vs fair market value
  • Types of takings
    • Permanent vs temporary
    • Partial vs total
  • Valuation issues
  • Missouri statutory compensation provisions, relocation proceeds

 Condemnation – The Eminent Domain Process

  • Petition
    • Parties, venue
  • Condemnation hearing
  • Commissioners
  • Division of proceeds
    • Lien holders, tenants, other interests
  • Jury

Inverse Condemnation

  • Identifying a taking by inverse condemnation
  • Physical vs regulatory takings
  • Asserting a claim for inverse condemnation
  • Defenses to inverse condemnation claims


Presented by Brad Goss

Understanding Land Use and Comprehensive Planning

Entitlements

  • Defined
  • Types

Participating in the Land Use Planning Process

  • Regulators
  • Regulated
  • Forms of governing body – scope of power
  • Types of controls

Comprehensive Planning

  • Source
  • Types
  • Process

Zoning

  • Purpose source of power – statutes
  • Limits to scope – standard for validity – discretion
  • Types/scope of restrictions
  • Traffic/parking regulations
  • Conditional use/special use permits
  • Variances
  • Form of code

Seeking Rezoning – Process

Subdivision Platting

  • Purpose
  • Source of power – statutes
  • Limits to scope – discretion

Seeking Subdivision Plat Approval – Process

Conflicts – Zoning and Subdivision Ordinances

Appeal of Land Use Decisions

Restrictive Covenants/Deed Restrictions

Nuisance Law


Webinar Instructions

All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled

Internet connection: Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com

Credits

Professional Engineers
6.0 PDHs

Architects
6.0 Non-HSW CE Hours

AIA
6.0 LUs 

Land Surveyors
6.0 PDUs 

Attorneys
7.2 MCLE Hours

Certified Planners
CM|6


Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for 6.0 PDHs for professional engineers and land surveyors and 6.0 CE hours for architects licensed in Missouri. The Board does not pre-approve courses or activities for engineers or architects; determination must be made by licensee. This course has been approved by the Missouri Board For Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects for 6.0 PDUs for land surveyors. 

The American Institute of Architects Continuing Education System has approved this course for 6.0 LUs (Sponsor No. J885). Only full participation is reportable to the AIA/CES. 

The Missouri Bar MCLE Department has approved this live course for 7.2 MCLE hours. This approval applies to the live webinar format only. 

HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6.0 for Certified Planners. 

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed). 

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate. The following pre-approvals may be available for the on-demand format upon request:

6.0 LUs (AIA)

Speakers

Brad Goss

Partner, Amundsen Davis

Mr. Goss has more than 35 years of experience providing services in real estate development, zoning, subdivision, construction, leasing, and municipal law. He represents developers, homeowners’ associations, banks, contractors, subcontractors, and governmental entities including counties, cities, and special political subdivisions. Mr. Goss and his clients operate across numerous related industries like home building, lending, land development, commercial development, commercial leasing, and public/private incentive financing. Notably, he originated and drafted legislation providing development rights for qualifying TAD special districts and has represented clients in matters related to NID, CIDs and TIFs. Mr. Goss has also handled the legalities of multiple parcel land assemblage, transect zoning codes, annexation of property, site plans, and subdivision and regulatory approvals. He was one of the principal drafters of ASTME1528 relating to the establishment of transaction screens for environmental site assessment in real estate transactions. Mr. Goss has assisted in numerous amendments to Missouri Statutes, represented stakeholders, drafted legislation, and presented testimony to House and Senate Committees. He is licensed to practice in Missouri, Illinois, and Minnesota. As co-chair of the firm’s Real Estate, Zoning & Public Finance Service Group, he is tasked with ensuring the continual development of the firm’s attorneys and oversees the services the team provides across the Midwest.

Paul G. Henry

Principal Partner at Denlow & Henry

Mr. Henry received his undergraduate degree in 1987 from Missouri State University where he graduated cum laude and his law degree in 1990 from Washington University, St. Louis. He serves as the only Missouri member of the Owners’ Counsel of America. This organization is by invitation only and consists of fewer than 50 eminent domain attorneys from across the entire United States who represent property owners in eminent domain/condemnation matters. Mr. Henry has served The Missouri Bar in many capacities over the years. He currently is the chair of the Eminent Domain Committee. In the past, he has served as a member of the Board of Governors and as chair of several committees. His efforts on behalf of the Bar were recognized when he was awarded the Distinctive Service Award by the Solo and Small Firm Committee of The Missouri Bar. Mr. Henry was an associate editor of the Washington University Law Quarterly and is the co-author of numerous publications on eminent domain law, including: Trial of Exceptions in Missouri Condemnation Cases, St. Louis Bar Journal (Spring 2007); Inverse Condemnation: Airplane Noise and Damages, The Southwestern Legal Foundation, 1995; and two chapters in the Missouri Condemnation Practice Handbook (Third Edition, 2002 Supp.), co-authoring chapters on Inverse Condemnation and Taxation. He is a former editor of the American Bar Association Committee on Condemnation Newsletter. Mr. Henry is a frequent speaker on issues pertaining to eminent domain law. Another interest of Mr. Henry is the use of technology in the practice of law.

AIA Info

AIA Provider Statement:

HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).

This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.

AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.

Course Title: Missouri Eminent Domain and Land Use Law

Delivery Method: Live Online

Course Description: This six-hour course explores the legal and regulatory aspects of eminent domain and land use law in Missouri as they relate to the building professions. The course explains the principles of eminent domain, including how and when it is exercised, the condemnation process and inverse condemnation. The course will also discuss the remedies, compensation and legal defenses available to property owners facing a condemnation or inverse condemnation. Lastly, the course will discuss land use law (including subdivision platting, zoning, restrictive covenants) and comprehensive planning.

Learning Objectives:

Learning Objective 1:
Learners will be able to discuss the sources and limits of eminent domain powers in Missouri and identify entities with eminent domain authority.

Learning Objective 2:
Learners will be able to recognize a taking by inverse condemnation, understand the process for bringing a claim for inverse condemnation and the possible defenses to such claims.

Learning Objective 3:
Learners will be able to describe the condemnation process for government, utilities and quasi-public uses, including the hearing, right of appeal and the valuation of property taken.

Learning Objective 4:
Learners will be able to explain the process and identify the requirements for appealing land use decisions and for seeking rezoning and variances in Missouri.

LUs: 6.0                                                                                              LU Type: LU|HSWs.

Prerequisites: None

Advance Preparation: None

Program Level: Intermediate

Course Expiration Date: 

Complaint Resolution Policy:

Complaints regarding this course can be emailed to fchapman@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.