Construction takes time, and money. When one of the worst economic climates since the Great Depression is added to the mix, it is easy to see why some projects that were conceptualized and begun some years ago have not yet been completed, even though, at the time, they were able to obtain various levels of municipal approvals and permits.
Now, with an improving economy and increasing demand, previously approved developments are being dusted off and, in many cases, property owners are considering whether and how to pick up where they left off. As a result, more and more developers are considering the implications of a land use planning concept known as “vested rights” to determine if they can continue and complete what they had previously started, notwithstanding the fact that a municipality’s zoning laws may have since been amended to now prohibit the previously approved project.
The Doctrine of Vested Rights
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