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Guide to Community Planning in Wisconsin by Brian W. Ohm | Chapter 2: Types of Plans & Overview of Implementation Tools |
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3.1 Vested Rights
A concept related to the takings issue is that of "vested rights." "Vested rights" refers to the government's permission to develop property that cannot be taken back by a subsequent governmental act. A right vests time when a proposed development is protected from changes in local regulations, such as zoning, by the local governing body. Generally, an owner of undeveloped property does not have a vested right in the existing zoning of the property. For example, the governing body of the community may rezone an undeveloped parcel of property from commercial to single-family residential. The property owner, who has not applied to develop the property, has no vested right in the commercial zoning classification for that property. In Wisconsin, the right to the particular zoning of a parcel of property vests when the property owner applies for a building permit which complies with the applicable regulations.
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(114) Lake Bluff Housing Partners v. City of South Milwaukee, 197 Wis. 2d 157, 540 N.W. 2d 189 (1995).