Pennsylvania Land Use Law and Eminent Domain for Building Professionals
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Thursday, September 29, 2022
8:30 am – 3:20 pm EDT (including a 30-min. break)
Zoning Enforcement in Pennsylvania
Criminal v. civil nature
Zoning enforcement “phases” –
identification, investigation, enforcement
Contents of a zoning NOV
NOV appeal process
Common property owner defenses –
equitable estoppel, vested rights,
• Variances by estoppel
Magistrate stage and fines
Local Land Use Ordinances and Comprehensive Plans in Pennsylvania
• When a comprehensive plan is required
• Components of comprehensive plans and its binding effect on local land use decisions
• Plan adoption and enforcement
• Required components
• Enactment and amendment process
• Designation of zoning districts
• Distinction between permitted uses, special exceptions, and conditional uses
• Typical bulk and area regulations (setbacks, noise, ingress/egress, parking, etc.)
Subdivision and Land Development Ordinances (SALDOs)
• Required components
• Enactment ad amendment process
• Financial security
Obtaining and Objecting to Land Use Determinations
Land use determinations and procedures
•Subdivisions, lot consolidations, and land developments
•Zoning ordinance amendment requests
– Rezoning and text amendments
– Curative amendments
•Variances special exceptions
• Appeal of zoning officer decisions
•Zoning Hearing Board
• Court of Common Pleas
• Commonwealth Court
• PA Supreme Court
Participating in the Condemnation Process
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
Eminent Domain Law
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
• Types of eminent domain “takings”
Just compensation: valuing “taken” property
Privatization of eminent domain and other current issues
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7.0 PDHs (50-minute Hour)
6.0 HSW CE Hours
6.0 AIA LU|HSWs
6.0 CLE Hours
Continuing Education Credit Information
This webinar is open to the public and is designed to offer 7.0 PDHs to professional engineers and 6.0 HSW continuing education hours to licensed architects in Pennsylvania. Architects licensed in Pennsylvania are not required to complete continuing education activities for licensure renewal.
The Pennsylvania Board of Engineers, Land Surveyors and Geologists does not provide preapproval for any continuing professional competency activities, courses, or providers. This course is designed to meet the Board’s requirements.
This course offers 6.0 CLE hours to Pennsylvania attorneys. HalfMoon Education is an approved CLE provider for Pennsylvania attorneys (No. 1613).
HalfMoon Education is an approved CM Provider with the American Planning Association. This course is registered for CM | 6 for Certified Planners.
HalfMoon Education is an approved continuing education sponsor for engineers in Florida (Provider No. 0004647), Indiana (License No. CE21700059), Maryland, New Jersey (Approval No. 24GP00000700) and North Carolina (S-0130). HalfMoon Education is deemed an approved continuing education sponsor for New York engineers and architects via its registration with the American Institute of Architects Continuing Education System (Regulations of the Commissioner §68.14(i)(2) and §69.6(i)(2)). Other states do not preapprove continuing education providers or courses.
The American Institute of Architects Continuing Education System has approved this course for 6.0 LU|HSWs (Sponsor No. J885). Only full participation is reportable to the AIA/CES.
Professionals seeking continuing education credits in other states will be able to claim the hours earned from this course, in most cases. Refer to specific state rules to determine eligibility.
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).
Alyssa Golfieri is a shareholder in the Corporate and Commercial, Real Estate, and Public Sector groups of Babst Calland. Ms. Golfieri’s practice focuses primarily on corporate and real estate transactions, land use, and municipal law, with a strong emphasis on zoning, subdivision, and land development for both private and public sector clients. She advises and represents private sector clients on a wide array of real estate and land use related matters, including acquisitions, leases, easements, options, subdivisions, and land developments. In this role, Ms. Golfieri assists private companies of various sizes and complexity work through all stages of a transaction, from site selection and due diligence to negotiation of purchase and sales agreements, to obtaining all necessary municipal land use approvals and permits, including special exception, conditional use, variance, subdivision, lot consolidations, and land development approvals. In addition, she counsels and represents municipal clients on a wide array of local land use and government issues, including economic development, the preparation of zoning and land development ordinances pursuant to the Pennsylvania Municipalities Planning Code, the processing of land use and development applications, navigation of public bidding matters, and defense of Notices of Violations before zoning hearing boards and magisterial district judges. Ms. Golfieri has served as a municipal and zoning hearing board solicitor for several years. She is currently serving as solicitor for Frazer Township and Ford City Borough, and assistant solicitor for Sewickley Heights Borough. She has also successfully represented and obtained favorable decisions for both private and public sector clients on appeals and/or challenges of municipal decisions and approvals before local governing bodies, zoning hearing boards, the Pennsylvania Common Pleas Court, the Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court, and the United States District Court for the Western District of Pennsylvania. The bifurcated nature of Ms. Golfieri’s practice between the private and public sectors allows her the opportunity to offer clients a unique, strategic, and cost-effective perspective when advising on legal matters.
Frank Kosir Jr.
Frank Kosir, Jr. is an attorney with Meyer, Unkovic & Scott LLP. Mr. Kosir has significant civil litigation and general practice experience in all areas of real property law including real estate tax assessment appeals, real estate sales, purchase, and leasing, oil and gas lease negotiations, real estate title defense and claims, landlord-tenant actions, quiet title actions, eminent domain actions, zoning and land use actions, boundary line disputes and Covid-19 related real estate issues. Prior to entering the practice of law, he acquired extensive experience in all facets of real estate development, sales, construction, and leasing with his family’s home construction company, which has operated for more than sixty years. Mr. Kosir’s knowledge of the construction, planning, and business aspects of real estate provide him with a unique understanding that he utilizes in assisting clients. He writes quarterly real estate update columns in The Legal Intelligencer and frequently lectures at continuing legal education programs.
Scott Rothman is Partner with the firm Curley & Rothman LLC and he founded the firm’s real estate practice, encompassing both litigation and transactional matters. Through his work on behalf of the major title underwriters, he has developed the tools to get deals done right, and to cure deals gone wrong. In the courtroom, his track record for unwinding frauds and resolving property disputes has earned him accolades as one of Pennsylvania’s premier real estate litigators. Mr. Rothman is also licensed as a title agent and settlement officer in Pennsylvania and New Jersey, and manages the firm’s affiliated title companies, Spring Mill Settlement Services and Starboard Title.
Peter Schnore is a shareholder, Babst Calland and he helps his clients resolve real estate-related disputes including real estate tax-assessment appeals, eminent domain proceedings, and Pennsylvania real estate broker’s fees, planned community, condominium, boundary, and title disputes. He also negotiates real estate leases, easements, and related agreements. One area of concentration in Mr. Schnore’s practice is real property tax assessment appeals. He represents commercial and industrial property owners before county boards of assessment appeals and courts throughout Pennsylvania who are either seeking a real property tax exemption or a reduction in their tax obligations. Mr. Schnore has also represented many clients faced with defending the assessed value from a challenge brought by a local taxing authority. He has represented owners and lessees of a wide variety of property types including office, retail including conventional malls and lifestyle centers, restaurants, banks, hotels, multi-family including affordable housing, industrial plants, manufacturing facilities, cellular towers, landfills, mines and other mineral interests, and vacant land.
John K. Trant Jr.
John Trant, Jr. has over twenty years of strategic planning, land use, economic development, government administration and municipal management experience working in both the public and private sectors. He often works closely with local governments throughout Pennsylvania to strategically address management, planning, land development and zoning matters. Mr. Trant pulls from his experiences as a consulting expert and as a local government administrator to efficiently and effectively assist local governments. His experience with municipalities of all shapes and sizes adds the value of a broad perspective and his knowledge as a municipal administrator brings practical insight and understanding of how to successfully address challenges and implement change at the local government level.
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 (email@example.com or (800) AIA 3837, Option 3).
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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: Pennsylvania Land Use Law and Eminent Domain for Building Professionals
Delivery Method: Live Online
Course Description: This course discusses land use law and eminent domain in Pennsylvania and is optimized for an audience of building professionals. Specifically, the course discusses zoning enforcement, land use ordinances, comprehensive plans, land use determinations, the condemnation process and eminent domain law.
Learning Objective 1:
Learners will be able to understand the zoning enforcement and appeals process and review common property owner defenses such as equitable estoppel and vested rights.
Learning Objective 2:
Learners will be able to determine when a comprehensive plan is required and identify the components of comprehensive plans.
Learning Objective 3:
Learners will be able to identify the required components of zoning ordinances, understand the enactment and amendment process, and draw distinctions between permitted uses, special exceptions, and conditional uses.
Learning Objective 4:
Learners will be able to understand the source and history of eminent domain powers, the types of “takings,” and the concept of just compensation. Current issues such as the privatization of eminent domain will also be discussed.
Learning Objective 5:
Learners will be able to obtain and object to land use determinations.
LUs: 6.0 LU Type: LU|HSWs.
Prerequisites: Experience with site development
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date:
Complaint Resolution Policy:
Complaints regarding this course can be emailed to firstname.lastname@example.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.