That tall glass of water, the place called “home,” a morning jog at the local park; these are all affected by property laws. But while many people may not ponder the ground they walk on, a group of experts spent a day examining the impact of laws governing real property.

The University of Florida Levin College of Law’s 11th annual Richard E. Nelson Symposium hosted 11 experts in the field of property law to present “Digging up some Dirt (Law): How Recent Developments in Real Property Law Affect Landowners and Local Governments,” covering topics of eminent domain, conservation easements, adverse possession and mortgages.

More than 200 students, lawyers and presenters gathered in the UF Hilton Conference Center on Friday, Feb. 10,  to hear presentations by law professors from around the country, including Carol N. Brown, professor at the University of North Carolina School of Law; Alex M. Johnson, Jr., Pierre Bowen Professor of Law, and director of the Center for the Study and Law at the University of Virginia School of Law; Ann Marie Cavazos, director of clinical programs and associate professor at Florida A&M College of Law; and Jessica Owley, associate professor at the University of Buffalo Law School.

“While some skeptics might think that concepts such as adverse possession and easements are relics of the past, the reality is that they have a real impact on people and places in the 21st century,” said UF Law Professor Michael Allan Wolf, the Richard E. Nelson Chair in Local Government Law.

Wolf’s opening speech “Diamonds in the Rough or Snakes in the Grass?: Evaluating Recent Shifts in American Real Property Law,” gave insight into the recent developments in real property law, also known as “dirt law.” Changes that are likely to benefit society were labeled diamonds in the rough and those that will be ultimately harmful were deemed snakes in the grass.

“It struck me that some recent real property developments were positive, others negative and others a mixed bag,” Wolf said.

Eminent domain was a hot topic with two presentations discussing the impact of recent eminent domain court cases and legislation. UF Law students Paul J. D’Alessandro Jr. (2L) and Tamara Van Heel (2L) detailed the recent Supreme Court case, Kelo v. City of New London, which affirmed the government’s power to transfer property from one private citizen to another through eminent domain.

Cavazos decried the Florida Legislature’s reaction to eminent domain law in the wake of Kelo.

“Florida has gone overboard,” said Cavazos, a proponent of the eminent domain proceedings that she said make beautiful cities and vibrant economic communities like Orlando and St. Petersburg possible.

Although Florida is the originator of one-fifth of all eminent domain condemnations, the Florida Legislature recently passed laws requiring a three-fifths vote from each house of the Legislature to approve eminent domain proceedings. Cavazos suggested Florida may be undermining local government in its task of bettering society through the acquisition and sale of private property.

Another discussion about property laws affecting Gainesville residents concerned perpetual conservation easements, which are legally enforceable land preservation agreements. Owley discussed the negative impact of perpetual conservation easements, which she said are inflexible solutions to environmental protection problems in a time when climate and biological knowledge is shifting.

“Money is scarce,” said Alachua County Attorney David Wagner in support of Owley’s assertion that perpetual conservation easements have vastly negative effects. The operating budget for a land trust in Alachua County is around $62,000. When money is scare, the upkeep of easements is difficult to maintain. Destructive elements in Florida’s ecosystems like feral pigs and invasive plant species cannot be properly eradicated.

Ramesh Buch, Program Manager of the Alachua County Forever Land Conservation Program described the perils of purchasing land trusts, such as governments chasing deals and losing sight of what the taxpayers want.

On the other hand, proponents of perpetual conservation easements focus on the positive impact. Buch described popular perpetual easement acquisitions made by Alachua County and their safety from “society’s whims.”

Two perpetual easements that Gainesville residents enjoy on a daily basis are the Kanapaha Prairie, and Murphree Wellfield and Santa Fe River Tracts. The tracts protect wildlife and provide drinking water for Gainesville and surrounding areas.

The symposium is named in honor of Richard E. Nelson, who served with distinction as Sarasota County attorney for 30 years, and his wife, Jane Nelson – two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which is responsible for the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.

The symposium is co-sponsored by The Florida Bar’s Environmental and Land Use Law Section and County and Local Government Section.

“Our goal is to highlight developments of interest to local government attorneys and to bring together legal academics and practitioners to explore mutual areas of interest,” Wolf said.

“Digging Up Some Dirt (Law)” will take place Friday, Feb. 10, at the UF Hilton Conference Center in Gainesville from 8:30 a.m.–4:30 p.m. The symposium is co-sponsored by The Florida Bar Environmental and Land Use Law Section and by The Florida Bar City, County and Local Government Section.

Just in the past decade, there have been profound changes in real property law in America and it is important to understand the positive and negative impact of these changes. Among the topics to be explored will be recent legislative efforts to make it more difficult for trespassers to acquire land through adverse possession and for public entities to acquire title by eminent domain. Experts will also examine growing concerns regarding the use and abuse of conservation easements and the securitization of traditional and alternative mortgages.

“While some skeptics might think that concepts such as adverse possession and easements are relics of the past, the reality is that they have a real impact on people and places in the 21st century,” said Michael Allan Wolf, who is the Richard E. Nelson Chair in Local Government Law at UF Law.

The symposium is named in honor of Richard E. Nelson, who served with distinction as Sarasota County attorney for 30 years, and his wife, Jane Nelson, two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which is responsible for the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.

Registration and a $100 fee are required for the event. Students may attend free of cost, but registration is still required. The online registration form can be found here. The Nelson Symposium offers seven general CLE credits and seven certification credits in City, County, Local Government; State/Federal Government Administrative Practice; and Real Estate.

For more information, download the Nelson Symposium brochure.

J. Peter Byrne, professor of law and director of the Environmental Law and Policy Institute at Georgetown University Law Center, and William Rodgers, Stimson Bullitt Professor of Law at University of Washington School of Law, delivered a lecture entitled “Global Warming and its Newest Challenges: Mitigation and Acidification.”

Professor Byrne discussed possible ways humans can adapt to sea-level rise while also attempting to mitigate climate change’s effects. He predicted that we will have to re-evaluate our existing legislation to deal with climate change issues.

“The road of legal adaptation to the sea-level rise will be long and tortuous,” Professor Byrne said. “Creativity and experimentation,” he said, would provide the proper balance between private property rights with the predicted sea-level rise.

Professor Rodgers added that the “integration of science with the law is a big part of environmental law.” Successful environmental lawyers “can’t be intimidated by the science.”

Other presenters included Sarah Chasis, Natural Resources Defense Council; Cynthia Drew, University of Miami; Florida Solicitor General Scott Makar; Buzz Thompson, Stanford Law School; and Michael Allan Wolf, University of Florida Levin College of Law. The symposium also included presentations from UF Law students Tony Bajoczky and Celia Thacker.

The presentations focused on sea-level rise mitigation, oil spill litigation, the drilling moratoria, the U.S. Supreme Court’s 2010 decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, ocean acidification and judicial takings.

“Regardless of whether you are a lawyer, all Floridians will likely be involved with environmental or land use issues at some point, and this symposium gives people a great opportunity to hear and learn about relevant issues both in our state and nationally,” Bajoczky (3L) said.

Bajoczky’s presentation focused on policy issues surrounding the oil spill in the Gulf of Mexico and the difficult task of striking a balance between protecting natural resources and the demand for oil and gas.

The Florida Bar Environmental and Land Use Law Section and the Florida Bar City, County, and Local Government Section co-sponsored the event.

The conference, titled “The Squeeze on Local Governments,” included presentations from experts in topics ranging from land-use, local government, property and environmental law.

“This year’s topic has particularly special meaning,” said Dean Robert Jerry in a welcome address. “Local governments are being hammered by economic forces.”

Michael A. Wolf, UF Law’s Richard E. Nelson Chair in Local Government Law, organized the conference. Florida has faced high rates of foreclosure and abandonment of homes, Wolf said.

“When the real estate bubble burst a year ago, the Sunshine State was hit particularly hard,” he said.

Government’s use of eminent domain to seize private property for economic development has elicited a variety of responses throughout the country.

“State and federal courts have sent mixed signals,” Wolf said.

Frank S. Alexander, a professor of law at Emory Law School, described the impact of the foreclosure crisis on state and local governments. Foreclosures increase costs for local governments because they can bring with them instances of vandalism, arson and copper theft.

“A single foreclosure will reduce the value of properties within a half mile by 2.5 percent,” he said.

Alexander suggested that local governments provide short-term leases to reoccupy vacant property.

“No one is maintaining the property post foreclosure,” he said. “The most important thing, I think, is to get them reoccupied.”

Alexander is optimistic that the housing market is not far from the bottom.

“The foreclosure wave is decelerating,” he said. “What I don’t know is how long it’s going to take to really go up.”

Diana Anderson (1L), a student in Wolf’s property course, found Alexander’s speech to be particularly helpful.

“The housing crisis is a serious concern, thinking about where you live,” Anderson said.

Anderson, who is interested in criminal law, said the issues surrounding foreclosures don’t just affect property lawyers.

“The foreclosure rates do have effects on vandalism and criminal issues,” she said.

Robert Guthrie, senior assistant county attorney for Orange County, Fla., outlined his county’s plans to use federal funding to purchase foreclosed structures.

Through the Neighborhood Stabilization Program (NSP), Orange County will improve troubled homes by coordinating with organizations such as Habitat for Humanity.

“We can dole these out to non-profits and let them be responsible for the improvements,” Guthrie said.

John D. Echeverria, executive director of the Georgetown Environmental Law & Policy Institute and a professor at Vermont Law School, explained the implications of Florida’s Bert J. Harris Jr. Private Property Protection Act.

The act, designed to curtail government encroachment on property rights, has dramatically weakened the government’s ability to regulate property, he said.

“The Bert Harris Act is a contributing cause to the real estate crisis here in Florida,” Echeverria said.

Central to the issue of government’s role in economic development is the Supreme Court’s ruling in Kelo v. City of New London. The 2005 decision allows for the use of eminent domain to transfer land from one private owner to another to further economic development.

States have responded to Kelo in a variety of ways, said James W. Ely, a professor at Vanderbilt University Law School.

“The picture is kaleidoscopic in nature,” he said. “It is constantly changing.”

The most common problem with regards to eminent domain abuse is a failure to curtail “blight taking,” Ely said.

“To the common mind, ‘blight’ suggests a dilapidated neighborhood,” he said. “In fact, some states define it as ‘any condition that impedes economic growth.’”

Following Ely’s speech, UF students Tara Nelson (2L) and Andrea Becker (2L), who serve as research assistants for Wolf, discussed recent constitutional amendments and case law developments, respectively, and their implications for state and local governments.

Gregory Stewart, a UF undergrad and law student (a double Gator), started off a discussion of Florida Supreme Court cases.

Stewart, who was selected as one of “The Best Lawyers in America” in the specialty of municipal law, discussed the Strand v. Escambia County case. The case was a bond violation proceeding in which the county prevailed in the trial courts. Ultimately, the decision was overturned in the Florida Supreme Court.

“This didn’t go over very well,” said Stewart. “Numerous entities filed for a reconsideration (rehearing).”

The Florida Supreme Court’s previous ruling was revised approximately a year later.

Kent Safriet, a shareholder at Hopping Green & Sam, was one of the last speakers of the day. He opened up his discussion with a joke that got the audience laughing.

“Although I’m not a double Gator, I do hail from the place where the ball coach (Steve Spurrier) is now,” he joked.

Safriet discussed beach erosion and how it pertained to the Walton County v. Stop the Beach Renourishment, Inc. case. In order to make the information easier to understand, he used graphics and diagrams to explain some of the key elements of the case. Throughout the presentation, Safriet showed that he didn’t completely agree with the Florida Supreme Court’s decision.

“The Florida Supreme Court, as we know from other presentations, can be less than stable,” Safriet said.

The event ended in a panel discussion led by Professor Wolf. He asked three questions, which any of the panelists could answer. The panelists had some laughs and disagreements but everyone seemed to enjoy the chance to converse with each other.

Before leaving, Wolf felt compelled to say one last thing, making him the second speaker to mention football.

“At least he (Tim Tebow) will be back for one more year,” said Wolf, wanting to give everyone something to which to look forward.

The symposium invites attorneys specializing in local government, real estate, land-use planning, environmental law and others interested in those topics to attend, and will offer insights on how local governments can address the profound legal, financial and political changes affecting today’s economy.

Presented by the UF Levin College of Law and co-sponsored by The Florida Bar Environmental and Land Use Law Section and The Florida Bar City, County and Local Government Section, this one-day conference titled, “The Squeeze on Local Governments,” will explore pressing questions affecting local governments and identify solutions to help leverage governmental resources. Attendees can earn six general Continuing Legal Education (CLE) credits, and will interact with leading state and national experts in local government, the environment, property, land-use, and redevelopment law.

“These are perilous times for local government officials who find themselves on the front lines of the struggle to contend with the financial and housing meltdown and other serious challenges,” said Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law, UF Levin College of Law, and organizer of the symposium. “Pressured by court decisions, diminishing property tax revenues, and new legislation that threatens their existing regulatory tools, attorneys representing and working closely with cities and towns need to be well-informed regarding new problems and new government assistance programs.”

Symposium topics slated for discussion include, “State and Local Responses to the Housing/Financial Crisis,” the “Neighborhood Stabilization program,” “Experiences with State Regulatory Takings,” and “Post-Kelo Eminent Domain Reforms.”

“Our nation’s economic crisis is taking its toll on state and local governments,” said Deborah Cupples, a board member of the Eighth Judicial Circuit Bar Association. “To deal with these issues effectively requires attorneys specializing in local government, real estate, land-use planning and environmental law to keep up with the evolving challenges and proposed solutions. Attending the Nelson Symposium is a great way to plug into resources and get advice from the experts.”

Presenters include Frank S. Alexander, professor of law, Emory Law School; John D. Echeverria, executive director, Georgetown Environmental Law & Policy Institute, and professor of law, Vermont Law School; James W. Ely, Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School; Robert Guthrie, esq., senior assistant county attorney, Orange County, Fla.; D. Kent Safriet, esq., Hopping Green & Sams, Tallahassee, Fla.; Gregory T. Stewart, esq., Nabors Giblin & Nickerson, Tallahassee, Fla; and Andrea Becker and Tara Nelson, J.D. candidates, University of Florida Levin College of Law.

Symposium registration is free for faculty and students and includes CLEs, all program activities, reception, continental breakfast, breaks and lunch. Visit www.law.ufl.edu/news/events/ to view the symposium brochure, which includes registration and accommodation information.

The conference, entitled “Green Building: Prospects and Pitfalls for Local Governments,” examined topics including the legal landscape of green building, Leadership in Energy and Environmental Design (LEED) and other certification programs, the state of Florida’s climate change initiatives and private environmental lawmaking.

Green building construction is an integrated design that is environmentally responsible, profitable in the long term and creates a healthy place to live and work. This high performance building construction helps to alleviate our carbon footprint caused by making everyday decisions that increase greenhouse gas emissions, Bahar Armaghani, assistant director at UF’s Facilities Planning & Construction Division, said.

When analyzing state and local climate change initiatives it is important for government agencies to be on the cutting edge. Kristen Engel, University of Arizona James E. Rogers College of Law professor, urged government agencies to be proactive in the race to become green.

“State and local governmental don’t just need to reduce emissions, they need to push ahead of technology,” she said. “State governments should mandate the adoption of better technologies.”

This is the seventh symposium honoring Richard E. Nelson—who served with distinction as Sarasota County attorney for 30 years—and Jane Nelson, two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which sponsors the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.

Presented by the University of Florida Levin College of Law and co-sponsored by The Florida Bar Environmental and Land Use Law Section and The Florida Bar City County and Local Government Section, this year’s conference is entitled “Green Building: Prospects and Pitfalls for Local Governments.” The event will draw experts from law and related fields to discuss topics such as Leadership in Energy and Environmental Design (LEED) and other certification programs, state and local climate change initiatives, private environmental lawmaking, building industry and local government programs, and national trends.

The state of Florida is positioning itself to be in the forefront of governmental efforts to incorporate design and construction practices that will yield energy efficiency, enable the conservation of resources, and protect the environment. Some local governments and universities have also been experimenting with their own green building programs. This rapidly changing field presents challenges and potential problems for local government counsel, as well as attorneys who specialize in real estate, land use, environmental and construction law.

“There are certainly a lot of positives to green building practices,” says UF Law Professor Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law. “Local governments can promote themselves as being green. They might provide incentives for people to build green-certified buildings and create a green corridor or green district, and that can sort of promote the city, because there are a lot of people when they are choosing where to live or where to shop who are cognizant of these issues.

“But ultimately there might be some strings attached that might prove troublesome for local governments. There might be some extra regulatory hoops that they have to jump through, additional costs that the state could pass on to them, or legal challenges that could arise from these green building incentives and requirements.”

UF has been one of the leaders in the state in the green movement. UF’s Rinker Hall (pictured above) became Florida’s first LEED Gold-Certified building in 2004, and last year Library West became the second building at UF to attain gold status. Other UF buildings are now certified by LEED and several more are being renovated to meet these standards.

Scheduled presenters include Douglas Buck, director of governmental affairs, Florida Home Builders Association; Kristen H. Engel, professor of law, University of Arizona James E. Rogers College of Law; Douglas E. Meyers, III, a lawyer at Smith, Gambrell & Russell, LLP, Jacksonville, Florida; Charles J. Kibert, professor, University of Florida M.E. Rinker, Sr. School of Building Construction; Errol E. Meidinger, vice dean for research and professor, University at Buffalo Law School, State University of New York; Joshua Yaffin, energy coordinator, Florida Department of Management Services; Jeffry S. Wade, director, Environmental Division, Center for Governmental Responsibility, UF Levin College of Law; and Jariel Bortnick, J.D. candidate, UF Levin College of Law.

This is the seventh symposium honoring Richard E. Nelson–who served with distinction as Sarasota County attorney for 30 years–and Jane Nelson, two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which sponsors the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.

Presented by the UF Levin College of Law and co-sponsored by The Florida Bar Environmental and Land Use Law Section and The Florida Bar City County and Local Government Section, this year’s conference is entitled “Green Building: Prospects and Pitfalls for Local Governments.” The event will draw experts from law and related fields to discuss various topics including Leadership in Energy and Environmental Design (LEED) and other certification programs, state and local climate change initiatives, private environmental lawmaking, building industry and local government programs, and national trends.

The state of Florida is positioning itself to be in the forefront of governmental efforts to incorporate design and construction practices that will yield energy efficiency, enable the conservation of resources, and the protect the environment. Some local governments and universities have also been experimenting with their own Green Building programs. This rapidly changing field presents challenges and potential problems for local government counsel, as well as attorneys who specialize in real estate, land use, environmental and construction law. UF’s Rinker Hall (pictured above) is Florida’s first LEED GOLD-Certified building.

Scheduled presenters include Douglas Buck, director of governmental affairs, Florida Home Builders Association; Kristen H. Engel, Professor of Law, University of Arizona James E. Rogers College of Law; David J. Heekin, Esq., Landmark Title, Jacksonville, Florida; Charles J. Kibert, Professor, University of Florida M.E. Rinker, Sr. School of Building Construction; Errol E. Meidinger, Vice Dean for Research and Professor, University at Buffalo Law School, State University of New York; Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law, UF Levin College of Law; Joshua Yaffin, Energy Coordinator, Florida Department of Management Services; and Jariel Bortnick, J.D. candidate, UF Levin College of Law.

This is the seventh symposium honoring Richard E. Nelson–who served with distinction as Sarasota County attorney for 30 years–and Jane Nelson, two UF alumni who gave more than $1 million to establish the Richard E. Nelson Chair in Local Government Law, which sponsors the annual event. Their support of the Levin College of Law’s Environmental and Land Use Program has been key to the program’s success and national recognition for excellence.