David P. Lanferman: Lawyer with Rutan & Tucker, LLP

David P. Lanferman

Partner
Palo Alto,  CA  U.S.A.
Phone(650) 320-1507

Peer Rating
 5.0/5.0
AV® Preeminent

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Government & Regulatory Law
  • Real Estate
  • Land Use/Natural Resources
 
University University of California, Davis, B.A., with high honors, 1973 Phi Beta Kappa
 
Law SchoolUniversity of California, Hastings College of the Law, J.D., 1976
 
Admitted1976, California; California State Courts; U.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the Central, Eastern and Northern Districts; U.S. Supreme Court
 
Memberships State Bar of California (Executive Committee, Real Property Section; Vice-Chair, Land Use & Zoning Subsection, Real Property Law Section); Alameda County Bar Association (Board of Directors, Real Estate Section; Board of Trustees, Voluntary Legal Services Programa); Southern Alameda County Bar Association (President).

 
Biography

Dave Lanferman is a member of the Government & Regulatory Section. His practice emphasizes real estate development, land use approvals, and a wide range of real estate-related litigation. Mr. Lanferman's land use expertise includes zoning and subdivision approvals, California Environmental Quality Act (CEQA), regulatory compliance, environmental mitigation and development impact fees. His extensive real estate litigation experience includes (CEQA) challenges, development fees, eminent domain, buyer-seller disputes, flood damage, inverse condemnation, and a wide range of land use writs and appeals.

Areas of Practice

Land Use: Mr. Lanferman's practice includes virtually all facets of land use planning, zoning, subdivision and development permitting and extensive experience under CEQA, including litigation of CEQA approvals and other conditions of development approval. Mr. Lanferman is one of the preeminent attorneys in California practicing in the area of the Mitigation Fee Act, environmental mitigation impact fees, development fees, dedications, and exactions. Mr. Lanferman's clients include developers, property owners, public agencies, public interest groups, and industry associations.

Litigation: Mr. Lanferman has been lead counsel in litigating a wide range of real estate and land use cases. Recent litigation matters include CEQA, development fees, subdivision map issues, air quality regulation, prescriptive rights and eminent domain. Many of his cases have involved significant issues of land use and environmental law, including appellate decisions involving CEQA, the Mitigation Fee Act, the Subdivision Map Act, vested rights, and the validity of mitigation fees or conditions of approval imposed on new development.

Mr. Lanferman has extensive experience in all aspects of land use and real estate litigation in both state and federal courts. He has an extensive appellate practice, including appearances before the California Supreme Court. Recent cases have involved development fees, CEQA, development agreements, vested rights, eminent domain and prescriptive easements. Mr. Lanferman has also been lead counsel in several of the most significant cases involving land use and real estate development such as impact fees and exactions, vested rights, the Subdivision Map Act, CEQA review, Clean Air Act and air emission mitigation, State law preemption of local regulations, and local initiatives and referenda.

Entitlements: Mr. Lanferman's practice also features extensive local government and administrative agency experience on land use issues, including specialized environmental and regulatory practices such as air quality, water resources, flood control, historic resources, endangered species, Local Agency Formation Commissions (LAFCO), and the Coastal Act. Mr. Lanferman has assisted public agencies and developers in planning, CEQA and environmental review, obtaining entitlements from local governments, and from a wide range of regional, state, and federal regulatory agencies for major residential, commercial, and institutional projects.

Mr. Lanferman's practice includes development, permitting and real estate transactional planning, negotiation and documentation; development agreements, annexation and LAFCO compliance; infrastructure finance; environmental review, mitigation and compliance; water supply analysis; mitigation of air emissions; wetlands and natural resources permitting; subdivision map processing; Williamson Act contracts; and CEQA compliance.

Administrative agencies: Mr. Lanferman frequently appears before local, regional and state administrative and regulatory agencies. His practice includes city and county boards and administrative agency hearings (e.g., California Coastal Commission; Regional Water Quality Control Boards; Regional Air Pollution Control Districts; Commission on State Mandates; LAFCO).

Publications

· Update Editor, "California Land Use Practice," California Continuing Education of the Bar (CEB), August 2012

· "Inclusionary Zoning: Legal Questions and Issues," Real Property Law Journal (2011)

· "New Law Automatically Extends Subdivision Map Approvals (Again)," Real Property Law Section e-Bulletin, September 2011

· "Assessments: California Supreme Court Raises the Bar in Silicon Valley Taxpayers Case," The Real Estate Finance Journal (September 1, 2008)

· "Recent Court Challenges Question Impact Fees," Land Development (National Association of Home Builders, Summer 2007)

· Advisory Board and Update Editor, California Land Use Practice (CEB)

· Contributing Editor, California Real Estate Reporter (Lexis-Nexis Publishing)

· News From The Courts, July 13, 2004

· "Streamlining CEQA Review for Housing Developments," Builder Digest (Feb/Mar 2003)

· "Clear as Mud: New Water Supply Laws Cloud The Development Process" California Real Estate Journal (February 2002)

· Impact of New Water Laws on Development in California, January 29, 2002

· "Water Supplies and Land Use Planning," Associated General Contractors' Journal (December 2001)

· Editorial Consultant, "Rights and Responsibilities of Adjoining Landowners," California Pleading and Practice (Matthew Bender Publ.)

· Editorial Consultant, "Good Faith Improver of Real Property," California Forms of Pleading and Practice (Matthew Bender Publ.)

· Advisory Board, Practice Under the California Environmental Quality Act (CEB)

Real Estate, Land Use & Environmental Law Blog Articles

· "Inclusionary Zoning: Superior Court Strikes Down City of San Jose's "Inclusionary Housing" Ordinance," July 20, 2012

· "Inclusionary Zoning In California: Legal Questions And Issues," October 6, 2011

· "New Law Automatically Extends Subdivision Map Approvals (Again)," July 25, 2011

· "'Pay Under Protest' Procedure for "Other Exactions" Is Not Applicable to All Development Exactions," April 11, 2011

· "Supreme Court Refuses to Hear Palmer Case - Are Inclusionary Zoning Practices Due for Change?", October 29, 2009

· "Regulatory Takings Law: Ninth Circuit Panel Holds A Mobile Home Rent Control Ordinance Is Subject To A "Facial Challenge" And Awards Compensation To Property Owners", October 1, 2009

· "Administrative Fee for Tax Collection is an Unconstitutional Hidden Tax", August 28, 2009

· "New Law Automatically Extends Existing Tentative Maps For Two Years, But Also Creates New Pitfalls, And Reduces Some Protections For Recorded Maps", July 18, 2009

· "Appellate Court Decision Invalidating Unjustified "Affordable Housing In Lieu Fees" Is Now Final", June 19, 2009

· "Decision Overturning City's "Affordable Housing in Lieu Fee" Ordered Published by Court of Appeal", March 10, 2009

· "Affordable Housing In Lieu Fees Must Be Shown To Be Reasonably Related, And Limited, To "Deleterious Impacts Of New Development" Like Other Development Fees", February 9, 2009

· "Supreme Court Raises The Bar: Holds Prop. 218 Requires Court To Exercise Independent Judgment Regarding Validity Of Assessments And Places Burden Of Proof On Assessing Agency", July 18, 2008

· "New Law Automatically Extends Existing Vesting Tentative Maps, But Don't Celebrate Too Soon: There Are Pitfalls For The Unwary", July 16, 2008

· "California Supreme Court Upholds Use of 'Common Sense' Exemption, Says that CEQA May Require Consideration of the Effects of 'Displaced Development'", June 26, 2007

· "New State Fees for Water Rights Permits and Licenses Unconstitutional Due to Failure to Demonstrate Reasonable 'Proportionality' to Fee Payors", January 29, 2007

Presentations

· "Legally Defensible Environmental Review Under CEQA," (February 2012)

· "Inclusionary Zoning in California," Sacramento County Bar Association (September 2011)

· "Affordable Housing Programs After the Crash: What Next?" State Bar, Real Property Section Retreat (May 2011)

· "Subdivision Map Act Practice," State Bar of California Annual Conference (September 2008)

· Impact Fees Update - California Building Industry Association's Major Builders' Conference (August 6, 2008)

· "Impact Fees: A Practical Approach to Smart Growth," State Bar of California, Real Estate Section Retreat (May 2-4, 2008)

· Mitigation Fees on New Housing Development as "Indirect Sources" of Air Emissions -- California Building Industry Association Select Committee on Industry Litigation (May 3, 2008)

· "Development Impact Fees - Dirty Sexy Money," State Bar of California, Real Estate Section (April 2008)

· "How Much Is Too Much? Analysis of Impact Fees," State Bar of California, Real Estate Section (March 2007)

· "Land Use Regulation and Development," California Continuing Education of the Bar (November 2006)

· "Development Impact Fees - Recent Litigation and Legislation," Building Industry Legal Defense Foundation Super Conference (October 2006)

· "Air Quality Mitigation Fees on New Development," Building Industry Association of the Delta (April 2006)

· "Special Taxes, Fees, and Connection Charges," California Building Industry Association/University of Southern California CEB (October 2004)

· "Recent Developments in Development Fees & Exactions," California Building Industry Association (October 2003)

· "Smart Growth vs. Land Use Initiatives and Referenda" Hastings College of the Law, West-Northwest Environmental Law Journal, Symposium on Land Use (April, 2001)

· "Establishing and Litigating Development Impact Fees," Bay Area City Attorneys' Association (March 2000)

· "CEQA for Public Agency Attorneys," County Counsels' Association (September 1999)

· Moderator and Instructor, "Law & Motion Practice," Alameda County Bar Association, Continuing Legal Education Programs (1997, 1998, 1999, 2000, 2001)

· Associate Professor, Environmental Law, California State University Extension

Memberships & Associations

· Member, Executive Committee, State Bar Real Property Section

· Vice-Chair, Land Use & Zoning Subsection, State Bar, Real Property Law Section

· Editorial Advisory Board, California Land Use Practice (Cal. CEB)

· Board of Directors, Real Estate Section, Alameda County Bar Association

· Board of Directors, Alameda County Bar Association

· President, Southern Alameda County Bar Association

· Chair, Governmental Relations Committee, Fremont Chamber of Commerce

· Chair, City of Fremont Library Advisory Commission

· Commissioner, City of Fremont City Charter Commission

· Commissioner, Alameda County Library Commission

· Board of Trustees, and Advisory Board Member, Alameda County Library Foundation

· Board of Trustees, Fremont Chamber of Commerce Scholarship Foundation

· Board of Trustees, Voluntary Legal Services Program, Alameda County Bar Association

Awards & Honors

· Home Builders Association, Associate of the Year, 2009

· City Council Resolution for Community Service, City of Newark

· AV® Preemininent™ rating with LexisNexis/Martindale Hubbell

 
ISLN905643968
 


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Office Information

David P. Lanferman

3000 El Camino Real, Suite 200
Palo AltoCA 94306-9814




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