The John Marshall Law School Center for Real Estate Law
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Wednesday, October 10, 2018
9 a.m.–5 p.m.

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This event is free to attend; however, registration is required.
Co-presented by The John Marshall Law Review and the Real Estate Law Students Group

Land development is central to the commercial real estate industry and its attorneys, as we continue to address the changing needs of society, but established conditions can impede progress.

Privately created restrictions on use and affirmative responsibilities—those covenants running with the land—structure condominiums and homeowner associations, retail shopping centers, and other real property in such a way that the rights and duties of owners and users stand in the way of the future needs of society. Likewise in the public sector, established land development conditions—exactions, impact fees, in-lieu fees—that may have once made sense may no longer support today's land-use goals and policies.

The 16th Kratovil Conference invites scholars, practitioners, and industry professionals to examine how the past is holding back our future. Presenters will consider changes needed for the future, propose the repurposing of old uses to meet current needs, and suggest practical responses to this inflection point.

Schedule

9–9:15 a.m.

Welcome & Introduction

Darby Dickerson
Dean; Professor of Law
The John Marshall Law School

Celeste Hammond
Professor of Law
Director, Center for Real Estate Law

The John Marshall Law School

9:15–9:20 a.m.

Conference Overview

David L. Callies
Benjamin A. Kudo Professor of Law
University of Hawai‘i at Mānoa William S. Richardson School of Law

9:20–9:50 a.m.

"Private Conditions Run with the Land"

Evan McKenzie
Professor; Department Head, Political Science
University of Illinois at Chicago

9:50–10:20 a.m.

"Stability or Obstruction? Private Land Use Restrictions and the Future"

Susan Fletcher French
Professor of Law Emerita
University of California, Los Angeles, School of Law

10:20–10:50 a.m.

"Repurposing Golf Courses and Other Amenities of Shared Ownership Communities: A Transactional Response to the Inflection Point in Land Use Development"

Celeste M. Hammond
Professor of Law
Director Center for Real Estate Law

The John Marshall Law School

10:50–11:15 a.m.

Break

11:15–11:45 a.m.

"The Impact of Private Covenants and Equitable Servitudes on Commercial Development and Redevelopment"

Jo Anne P. Stubblefield
Principal
Hyatt & Stubblefield, P.C.

11:45 a.m.–12:15 p.m.

"'Quality of Life' Servitudes and Exclusion: Privatization as Segregation"

Paula Franzese
Peter W. Rodino Professor of Law
Seton Hall University, New Jersey

12:15–1:30 p.m.

Lunch

1:30–1:55 p.m.

Panel Discussion: Practitioners Consider Private Conditions

Peter Friedman
Partner
Holland & Knight LLP

Jay Cherwin (LLM '08)
Counsel
Meltzer, Purtill and Stelle, LLC

1:55–2:15 p.m.

"Public Conditions on Development Are Forever"

David L. Callies
Benjamin A. Kudo Professor of Law
University of Hawai‘i at Mānoa William S. Richardson School of Law

2:15–3:15 p.m.

"Developer Provision of Workforce Housing: Legal Standards"

Julian C. Juergensmeyer
Ben F. Johnson Jr. Chair in Law
Director, Center for the Comparative Study of Metropolitan Growth

Georgia State University College of Law

"Developer Provision of Workforce Housing: Calculating Proportionate Share"

James C. Nicholas (ret.)
Professor of Law
University of Florida Levin College of Law

3:15–3:30 p.m.

Break

3:30–4 p.m.

"Conservation Easements and Their Critics: Is Perpetuity Truly Forever...and Should It Be?"

Richard J. Roddewig
Managing Director
Jones Lang LaSalle, IP, Inc.

4–4:25 p.m.

Panel Discussion: Practitioners Consider Public Conditions

Donna J. Pugh
Partner
Foley & Lardner LLP

Clancy Mullen
Principal
Duncan Associates

4:25–4:45 p.m.

Q & A

Sponsored By

Sponsorships Opportunities Still Available
Law firms and organizations interested in sponsorship options should contact Professor Celeste M. Hammond, Director, Center for Real Estate Law, at [email protected] or 312.427.2737 ext. 366.

About the Kratovil Conference on Real Estate Law & Practice
The Kratovil Conference on Real Estate Law & Practice (the “Kratovil”) was established in 1994 to honor the memory of Robert Kratovil, the Dean of the Chicago’s real estate attorneys who served as Chicago Title’s Chief Underwriter before ending his career as a member of The John Marshall Law School’s faculty. The Kratovil Conference has been important in the Center’s mission of research and scholarship about the field, bringing together leading scholars, practitioners, and industry professionals to consider cutting-edge issues important to commercial real estate attorneys, their clients, and our society.

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The John Marshall Law School
Center for Real Estate Law
315 S. Plymouth Court
Chicago, IL 60604
p. 312.427.2737
www.jmls.edu/realestate/
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