Summary: Thursday, August 9, 2012 Today, I am providing a quick course on “vested rights.” An interesting article about vested rights is referenced in today’s transcript. Consult that for a more extensive discussion. Probably, the term “vested rights” is somewhat familiar to you. In the land use arena, developers and property owners are always seeking ways to establish their “vested rights.” What “vested rights” mean is that the public can no longer change its mind about a particular development, and that the developer has a legally enforceable right to construct a particular project. The reason that “vested rights” are such a big deal for developers is that the basic rule is that the public can change its mind, even after a project has been officially approved, and tell a developer that the formerly approved project is no longer approved. The bias is in favor of the public having a right to change its mind, up until the point that a developer has demonstrated that it is relying on the public’s approval by obtaining a building permit and actually beginning construction. The key concept is that the public retains its ability to decide what land uses are most appropriate, up until actual construction begins, which is when “vested rights” are established. This rule is tough on developers. If you read the article I’ve referenced, you’ll see that there are some ways that developers can “contract” with public agencies, to get “vested rights” without actually beginning construction. More Information: Gary Patton’s Two Worlds Blog Contracting For Vested Rights
