Chapter 6 - § 6.2 • TYPES OF VESTED RIGHTS

• Jurisdiction: Colorado

§ 6.2 • TYPES OF VESTED RIGHTS

There are two different types of vested rights in Colorado. A "common law vested right" has been defined by the courts to protect a landowner from the imposition of new or different regulations after the landowner has reasonably, and to his or her detriment, relied in good faith on government approvals granted for the project pursuant to earlier regulations.² In such a case, the landowner must obtain a favorable court ruling to prove that a common law vested right exists. Common law vested rights have a long history in Colorado and in the United States generally. In 1987, Colorado also created statutory vested rights. Colorado's Vested Property Rights Act³ outlines the process that must be followed and the approvals that must be obtained before a statutory vested right is created.

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^[2] See ...