Comments on: HB 1250, Vested Rights and a New Private SAGA http://valocalitylaw.com/2010/03/02/hb-1250-vested-rights-and-a-new-private-saga/ Blog on Virginia local government issues and legal concerns. Mon, 23 Aug 2010 18:47:23 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Tad Lunger http://valocalitylaw.com/2010/03/02/hb-1250-vested-rights-and-a-new-private-saga/comment-page-1/#comment-80 Tad Lunger Wed, 03 Mar 2010 17:41:37 +0000 http://valocalitylaw.com/?p=441#comment-80 Hi Andrew - another great post! Definitely one of the big changes this year. I understand your concerns over lack of notice to potentially interested parties that an official determination has been made by a Zoning Administrator - there does need to be some public notice that an official determination has been made so people are made aware in enough time to appeal it. I have to say though, that in making a zoning determination, a Zoning Administrator is simply stating what his or her interpretation is of what someone can do with their property. Since someone has to have the authority to make this determination, the Code of Virginia gives this authority to the Zoning Administrator. So in making such an opinion, a Zoning Administrator is not granting any new rights to use a piece of real property in some new way, she is merely providing what the current zoning status is of a parcel of land - i.e. what the current status is of the law applicable to a certain piece of land at the time of the opinion. People have to be able to rely on such an opinion. If a Zoning Administrator tells you you can build an office building on a piece of land by-right, and a bank relys on the opinion and gives you the money to do it, and you go out and spend the bank's money and build the building, I think you should have vested rights in what you have built. Anyways - almost too big of an issue to delve into in a comment - thanks again for the timely update! Hi Andrew – another great post! Definitely one of the big changes this year. I understand your concerns over lack of notice to potentially interested parties that an official determination has been made by a Zoning Administrator – there does need to be some public notice that an official determination has been made so people are made aware in enough time to appeal it. I have to say though, that in making a zoning determination, a Zoning Administrator is simply stating what his or her interpretation is of what someone can do with their property. Since someone has to have the authority to make this determination, the Code of Virginia gives this authority to the Zoning Administrator. So in making such an opinion, a Zoning Administrator is not granting any new rights to use a piece of real property in some new way, she is merely providing what the current zoning status is of a parcel of land – i.e. what the current status is of the law applicable to a certain piece of land at the time of the opinion. People have to be able to rely on such an opinion. If a Zoning Administrator tells you you can build an office building on a piece of land by-right, and a bank relys on the opinion and gives you the money to do it, and you go out and spend the bank’s money and build the building, I think you should have vested rights in what you have built.

Anyways – almost too big of an issue to delve into in a comment – thanks again for the timely update!

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