Development Rights And Responsibility Agreements: The Give And Take Of Development

Under Maryland law, the rights of a land developer to develop property for commercial or residential uses generally do not "vest" until there is some visible, lawful, construction on the property. Of course, development of a property takes time, and intervening market conditions can have a significant impact on the timing, financial viability, and ultimate development of a property. As a way to provide protections from uncertainties, both to the developer and to the local government, Maryland adopted laws to allow for land developers to enter into a Development Rights and Responsibility Agreement ("DRRA") with the local government having jurisdiction over the land where the proposed development is located. The DRRA is a contract between the developer and government to govern the future development of the property and the rights of both parties, and to provide greater predictability, certainty and assurances to both parties. Since DRRAs are a more recent development