Wednesday, November 30, 2011

Wal-Mart and Vested Rights or Wal-Mart in Athens Part II

So, today I waded into the local controversy about the possibility of a Wal-Mart in downtown Athens with an editorial in the local weekly. [Note - this article is no longer available on the original site, so this link is to a re-posted version.]  Specifically, I responded to media reports that the county attorney has said the developers have vested rights to develop the property based on the amount of money they claim to have spent on site preparation.  Now, Georgia has a pretty generous vested rights doctrine, but it's not that generous.  As in most states, you still have to have some kind of official assurance for rights to vest. Apparently now the county attorney doesn't want to talk about it, but other folks on both sides of the issue certainly have been.  

This type of controversy is not unique to Athens, apparently.  A casual perusal of media reports turns up vested rights controversies over proposed Wal-Marts in Hood River, Oregon, Leon County, Florida, San Antonio, Texas, and Abingdon, Virginia.  Is this some kind of trend?

Jamie Baker Roskie

 

http://lawprofessors.typepad.com/land_use/2011/11/walmart-and-vested-rights-or-walmart-in-athens-part-ii.html

Caselaw, Community Economic Development, Development, Downtown, Georgia, Local Government, Planning, Politics, Property Rights, Zoning | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef015393ce7b09970b

Listed below are links to weblogs that reference Wal-Mart and Vested Rights or Wal-Mart in Athens Part II:

Comments