Ҥ 153A-344. Planning board; zoning plan; certification to board of commissioners.

(f) Miscellaneous provisions.

(1) A vested right obtained under this section is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan or a phased development plan, all successors to the original landowner shall be entitled to exercise such rights.

(2) Nothing in this section shall preclude judicial determination, based on common-law principles or other statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this section, nothing in this section shall be construed to alter the existing common law.

(3) In the event a county fails to adopt an ordinance setting forth what constitutes a site specific development plan triggering a vested right, a landowner may establish a vested right with respect to property upon the approval of a zoning permit, or otherwise may seek appropriate relief from the Superior Court Division of the General Court of Justice. (1989 (Reg. Sess., 1990), c. 996, s. 6.)”

(1) refers to the same “agreement running with the land” as mentioned in “land registration” (Torrens Act).
(2) says that nothing in this will make common law ineffective. You can still have your rights.

In another section:

Ҥ 153A-349.2. Definitions.

The following definitions apply in this Part:

(10) Person. – An individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, State agency, or any legal entity.

(11) Property. – All real property subject to land-use regulation by a local government and includes any improvements or structures customarily regarded as a part of real property.”

Of course. there’s that “person” definition again– if you are not a legal entity, you are not a person. “Property” is also perennially misleading– it has a very specific meaning and is not synonymous with “land”. When they say “property”, it refers only to very SPECIFIC things that may be owned, sometimes only rights-to-use/privileges.


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