Hastings Law Journal


In the field of land use planning the vested rights issue arises whenever a new law or regulatory procedure has the potential to interfere with the completion of a land development project already planned or being constructed. While development practices and land use controls have changed dramatically in recent years, the vested rights doctrine has changed little since the passage of comprehensive zoning ordinances more than fifty years ago. In this Article the authors survey the legal theories underlying the doctrine and the case law applying it. In conclusion they propose a reformulation of the vested rights rules that conforms to the realities of modern land use practices.

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