Developer Rights in Illinois – the "Vested Right" Doctrine

Originally published 3^rd Quarter 2005

It is not surprising that local governments react to unpopular development trends, as well as unpopular developments, by re-thinking and re-writing existing zoning controls. When a municipality’s object is to stop or significantly alter a proposed development, it often resorts to blunt tools, such as re-zoning or "down-zoning" the property, so that the proposed development is no longer permitted under the revised zoning.

"Vested rights" is legal shorthand for the idea that, sometimes, a municipality’s attempted intervention to stop a project comes too late, and the owner/developer has the right to proceed with the project as planned despite a late-coming change in the law. In Illinois, the doctrine of vested rights provides a narrow, but viable window for owners/developers to lock in their project and lock out opposition.