Recognizing Vested Development Rights As Protected Property in Fifth Amendment Due Process and Takings Claims

Abstract

The purpose of this Article is to demonstrate that a landowner possessing vested development rights under state law has a property interest and reasonable expectations which are entitled to great weight when determining the viability of the landowner's Fifth Amendment takings claim or substantive due process claim.

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Vested rights, Due process of law

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Authors

John J. Delaney (Linowes and Blocher LLP)
Emily J. Vaias (Linowes and Blocher LLP)

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