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 Marshall Law School's faculty. The Kratovil have been important in the Center's mission of research and scholarship about the field. The Kratovil brings together leading scholars, practitioners and industry professionals to consider cutting-edge issues important to commercial real estate attorneys, their clients, and our society.

Previous Kratovil Conferences

Murr v. Wisconsin Produces Murky Results in Regulatory Takings Law (2017)

What does the recent U.S. Supreme Court regulatory-takings decision in Murr v. Wisconsin mean for the real estate industry, its attorneys, landowners, and local government? Before the opinion was issued, both sides in the Murr case had sought guidance on how to define the “property” that is the subject of a claimed regulatory taking. Now that the court has spoken, many argue that it continues the muddled analysis of the line of regulatory-takings cases that preceded it, rather than clarifying the tests to be applied. Attendees will hear advocates and practitioners explore what this opinion will mean for the future of regulatory takings and the property rights of landowners.

Fracking, Energy Sources, Climate Change & Real Estate (2015)

Scholars and practitioners who work in the areas of energy law, land use, regulatory law, and real estate law will attend the Kratovil Conference to consider the questions that are now coming into view about this controversial and hotly debated extraction process. Chief among them is the question of whether the supplies of natural gas produced by fracking are a real bridge, or merely a detour, on the road to development of sustainable/renewable sources of energy that mitigate climate change. In addition, what are the issues for real estate practitioners who find their clients affected by these developments?

Adaptation of the Built Environment to Achieve Resilience to Climate Change (2013)

Climate change is real. Climatic events—floods, storms, fires, droughts, and extreme heat—are already damaging our built environment and infrastructure.

The 13th Kratovil Conference takes an interdisciplinary look at some of the governmental, financial, insurance, and transactional real estate issues that will need to be addressed when we attempt to adapt the built environment and infrastructure to make them resilient and better able to withstand climatic events, thereby reducing the magnitude of the losses sustained.

The Quiet Revolution in Land Use Control (2011)

In 1971, the President’s Council on Environmental Quality published The Quiet Revolution in Land Use Control. The book described in detail the innovative land use laws in nine states which returned the control of land use to a state or regional level, largely at the expense of local zoning. This constituted the “quiet revolution.” The Kratovil Quiet Revolution Conference will bring together national scholars and experts in land use to analyze the lasting impact of The Quiet Revolution in several jurisdictions around the country and examine the future of land use policy.

  • Learn More about the 2011 Kratovil Conference

Water as a Resource: Impact on Real Estate Ownership, Development, and Land Use Policy (2009)

The 11th Annual Kratovil Conference on Real Estate Law & Practice: Water as a Resource: Impact on Real Estate Ownership, Development, and Land Use Policy was held on November 20, 2009. The conference addressed the relationship between water shortages and the development, use, and ownership of real estate. Academics presented scholarship on issues such as the Great Lakes Compact, impact fees and land use solution to allocating scarce water, hydrological considerations (such as watershed location) in the allocation of water, smart growth and economic solutions to water allocation. In addition to individual presentations, the conference also featured an extensive industry and practitioner panel, moderated by conference consultant Virginia Harding, counsel at Gould & Ratner LLP. Scholarship from the Kratovil Conference was memorialized in a Winter Symposium Issue of The John Marshall Law Review.

Commercial Lease Transactions: The Lifeblood of the Real Estate Industry (2007)

In 2007, the Kratovil Conference topic was “Commercial Lease Transactions: The Lifeblood of the Real Estate Industry.” The conferencewas based on the premise that landlords, tenants, lenders, and their attorneys are evaluating and negotiating commercial leases from a new perspective. Commercial leases have been described as the lifeblood of the transaction by those that develop, finance, own, lease, and occupy office buildings and shopping centers. Without signed leases and the promised income, projects do not go forward and existing projects go into default.

Professor Daniel B. Bogart gave the keynote address which considered good faith and fair dealing in commercial leases. The John Marshall Law Review published Professor Bogart’s article “The Right Doctrine in the Wrong Transaction: Good Faith and Fair Dealing in Commercial Leasing” in its 2008 issue (Vol. 41). Additionally, continuing a long-standing Kratovil Conference tradition, a panel of practitioners moderated by Victoria S. Berghel considered leases and lease transactions from a variety of perspectives.

The Takings Clause Clarified by the U.S. Supreme Court in Lingle v. Chevron: Regulations (2006)

The 2006 Kratovil Conference considered “The Takings Clause Clarified by the U.S. Supreme Court in Lingle v. Chevron: Regulations, Exactions and Eminent Domain.” Keynote Speaker Professor David Callies’ presentation, “Legitimate State Interest Test and Unconstitutional Conditions after Lingle v. Chevron,” provided the basis for discussion by an academic panel and by a panel of practitioners. The John Marshall Law Review published Professor Callies’ article “The Status of Nollan v. California Coastal Commission and Dolan v. City of Tigard afterLingle v. Chevron U.S.A., Inc.” in its Winter 2007 Edition (Vol. 40, No. 2).

Professor Susan Connor moderated the academic panel. Each member of this panel gave a presentation which approached the matter of takings from another perspective. The John Marshall Law Review published Professor Richard Epstein’s article “From Penn Central to Lingle: The Long Backwards Road” and Professor David Whitman’s article “Deconstrucing Lingle: Implications for Takings Doctrine” in its Winter 2007 Edition (Vol. 40, No. 2). The practitioner panel, moderated by Virginia M. Harding, commented on takings and regulatory takings in particular, in light of their experiences as land use attorneys and litigators.