David P. Lanferman

Dave Lanferman is a member of the Real Estate, Land Use and Environmental Practice Group in the firm's San Francisco office.

Areas of Practice

Mr. Lanferman's practice emphasizes real estate development, land use planning and permitting, environmental law and litigation, including CEQA, development agreements, mitigation fees, subdivision and zoning approvals, and practice before a wide range of regulatory agencies. He represents developers, builders, property owners and managers, public agencies, institutions, public interest groups and industry associations in many areas of land use planning, development, environmental review, housing and public policy. Dave is one of the leading practitioners in the area of development impact fees and exactions.

Mr. Lanferman has a wide range of experience including more than 25 years of practice in all aspects of real estate law and practice before a wide range of public agencies. He is one of the preeminent attorneys in California practicing in the area of development impact fees, mitigations and exactions. Dave serves on an editorial advisory panel for Continuing Education of the Bar, is a frequent speaker for developers, bar associations and industry groups, and public agency counsel.

Education

• J.D., University of California, Hastings, 1976
• B.A., University of California, Davis, 1973

Experience

• Planning and transactions: Mr. Lanferman's practice includes development, permitting and real estate transactional planning, negotiation and documentation, development and annexation agreements, infrastructure finance, environmental review, mitigation, and compliance, water supply analysis, wetlands and natural resources permitting, subdivision map processing, Williamson Act contracts, and CEQA compliance.
• Administrative agency practice: Mr. Lanferman frequently appears before local, regional, state, and federal administrative and regulatory agencies, and his practice includes presentations for administrative agency hearings and conduct of public meetings.
• Litigation: 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 frequent referrals of amicus briefing for public interest advocacy groups and has argued before the California Supreme Court.  Dave has also been lead counsel in several of the most significant cases involving land use and permitting issues such as development fees and exactions, vested rights under the Subdivision Map Act, CEQA review, State law preemption of local regulations, ballot propositions, and local initiatives and referenda.

Dispute Resolution

• Judge Pro Tem, Alameda County Superior Court
• Judge Pro Tem, Santa Clara County Superior Court
• Settlement Commissioner, Alameda County Superior Court
• Administrative Hearing Officer - City of Fremont

Honors

• AV® Rated, Martindale-Hubbell®

Memberships

• Vice-Chair, Land Use and Zoning Subsection, State Bar of California, Real Property Law Section, 2005, 2006
• Board of Directors, Alameda County Bar Association, 1992, 1993
• Chair, Board of Directors, Real Estate Section, Alameda County Bar Association, 1989-1991
• Board of Directors, Alameda County Bar Foundation, 1986-1988
• President, Board of Directors, Southern Alameda County Bar Association, 1981-1986
• Chair, Governmental Relations Committee, Fremont Chamber of Commerce, 1994, 1995
• Board of Directors, Hayward Chamber of Commerce, 1991, 1992
• Commissioner and 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 Ass'n
• City Council Resolution for Community Service, City of Newark

Articles

• News From The Courts, July 13, 2004
• Impact of New Water Laws on Development in California, January 29, 2002

• Contributing Editor, California Real Estate Reporter (Lexis-Nexis Publishing)
• Advisory Board, California Land Use Practice (CEB, 2006)
• "Recent Court Challenges Question Impact Fees," Land Development, (National Association of Home Builders, Summer 2007)
• "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)
• "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.)

Real Estate & Construction Law Blog Articles

• "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

Speeches

• "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/Univ. of So. 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