Protected development right; exercise; agreements

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9-1205. Protected development right; exercise; agreements

A. A protected development right obtained under this chapter is not a personal right but attaches to and runs with the applicable property. After approval of a protected development right plan, all successors to the original landowner are entitled to exercise the protected development rights.

B. Nothing in this article precludes judicial determination, based on common law principles or statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this chapter, nothing in this chapter shall be construed to alter the existing common law of vested rights.

C. Nothing in this article shall preclude, change or limit the ability of a city or town to enter into a development agreement under section 9-500.05.


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