§ 24-68-103 — Vested property right - establishment - waiver

(1) (a) Each
local government shall specifically identify, by ordinance or resolution, the type or
types of site specific development plan approvals within the local government's
jurisdiction that will cause property rights to vest as provided in this article. Any
such ordinance or resolution shall be consistent with the provisions of this article.
Effective January 1, 2000, if a local government has not adopted an ordinance or
resolution pursuant to section 24-68-102 (4) specifying what constitutes a site
specific development plan that would trigger a vested property right, then rights
shall vest upon the approval of any plan, plat, drawing, or sketch, however
denominated, that is substantially similar to any plan, plat, drawing, or sketch listed
in section 24-68-102 (4).

(b) A vested property right shall be deemed established with respect to any
property upon the approval, or conditional approval, of a site specific development
plan, following notice and public hearing, by the local government in which the
property is situated.

(c) A vested property right shall attach to and run with the applicable
property and shall confer upon the landowner the right to undertake and complete
the development and use of said property under the terms and conditions of the
site specific development plan including any amendments thereto. A local
government may approve a site specific development plan upon such terms and
conditions as may reasonably be necessary to protect the public health, safety, and
welfare. Such conditional approval shall result in a vested property right, although
failure to abide by such terms and conditions will result in a forfeiture of vested
property rights. A site specific development plan shall be deemed approved upon
the effective date of the local government legal action, resolution, or ordinance
relating thereto. Such approval shall be subject to all rights of referendum and
judicial review; except that the period of time permitted by law for the exercise of
such rights shall not begin to run until the date of publication, in a newspaper of
general circulation within the jurisdiction of the local government granting the
approval, of a notice advising the general public of the site specific development
plan approval and creation of a vested property right pursuant to this article. Such
publication shall occur no later than fourteen days following approval.

(2) Zoning that is not part of a site specific development plan shall not result
in the creation of vested property rights.

Legislative History

Source: L. 87: Entire article added, p. 1838, � 1, effective January 1, 1988. L. 99: (1) amended, p. 861, � 3, effective May 24.