By Frank V. Reilly, Esq.

As governmental regulation of property rights continues to increase, this will clearly be a question that the courts will become more and more likely to address in the near future.
As a property owner, one of the best ways to protect property rights lies not only in knowing the law, but also in staying informed of upcoming legislative trends. When a property owner has the knowledge and the ability to act before new legislation is passed, he or she can oftentimes capitalize on legal rights before they expire by “vesting” them.
In general, vested rights are afforded greater legal protection than non-vested rights. So what exactly is a vested right?

Some Important Definitions:

Vested rights: From a property ownership or land development standpoint, vested rights have four key legal elements. 

The owner or developer must establish that there is:
1. Good faith reliance
2. Upon some act or omission of the government
3. A substantial change in the position of the owner or developer; or that the owner or developer has incurred extensive obligations and expenses and
4. Circumstances such that it would be highly inequitable to interfere with acquired rights.
Chapter 380: That portion of Florida Statutes that is commonly called “The Florida Environmental Land and Water Management Act of 1972”.

ROGO: Rate of Growth Ordinance

Some Key Legal Concepts:

• Recording of property interests may not be sufficient to establish vested rights in and of itself.
• One theory behind vested rights is that citizens are entitled to rely on the assurances and commitments of a zoning authority. If the citizen does rely on those assurances, then the zoning authority is bound by its representations.
• However, the mere purchase of land without further action does not create a right to rely on existing zoning.
• Florida courts have determined that it would be unconscionable to allow landowners to ignore evolving and existing land use regulations under circumstances when they have not taken any steps in furtherance of developing their land.
• Therefore, if a landowner does not start development prior to the enactment of new land regulations, they do so at the risk of new, more restrictive legislation being enacted.
• Simply planning to be able to develop the property in the future is not usually sufficient to establish a vested right to actually develop that property in the future.