Development Agreements and Vested Rights

Lorman Education Services


Thursday, July 27, 2017
1 p.m. - 2:30 p.m. EDT

CM | 1.50

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If you do not have a vested right to complete your land development project, how can you protect yourself from changes in zoning regulations?  

Starting with California in 1979, many states have adopted Development Agreement statutes which allow cities and counties to enter into contracts with landowners and developers which vest their development rights at the time of project approval. 

This topic will familiarize you with the practical aspects of vesting your development rights, whether through a traditional constitution-based approach, reliance on a statute such as, in California, the Subdivision Map Act, or entry into a Development Agreement with the local agency. It will address the practical considerations of each approach and the reasons why you might consider a 'belt and suspenders' approach to vesting. With particular emphasis on Development Agreements, the material will address important negotiation and drafting considerations to achieve the best protection for the landowner. It will also look at lessons learned through litigation over development agreements.

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Tim Paone

Tim Paone • Partner in the Orange County office of Cox, Castle & Nicholson LLP, one of the nation’s leading real estate law firms • Practice focuses on land use entitlement and land use litigation, with an emphasis on CEQA, the California Coastal Act, Development Agreements, and the local planning process • Frequent ... Read More

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