§ 910.03. No taking or abrogation of vested rights.

(1)

Nothing in the Indian River County Concurrency Management System shall be construed or applied to result in a temporary or permanent taking of private property without due process of law and just compensation.

(2)

Nothing contained herein shall be construed as affecting validly existing vested rights. It shall be the duty and responsibility of the person alleging vested rights to demonstrate affirmatively the legal requisites of vested rights. Rights shall vest based upon a determination by the board of county commissioners that the person alleging vested rights:

(a)

Has relied in good faith to his detriment upon some act or omission of the government; and

(b)

Has made such a substantial change in position or incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights he has acquired.

(3)

An applicant who is alleging vested rights and has been denied a development order based upon concurrency management system regulations may, within fifteen (15) days of such denial, file a petition for vested rights determination by the board of county commissioners. Any petition for vested rights determination shall meet the criteria established in section 910.12.

(4)

The mere existence of zoning or any other development order issued prior to the effective date of this chapter shall not be sufficient to vest rights.

(5)

Nothing contained herein shall limit or modify the rights of any person to complete any development that has been authorized as a development of regional impact pursuant to Chapter 380, Florida Statutes; nothing contained herein shall limit or modify the rights of any person to complete any development which has been issued a final local development order prior to the effective date of this chapter where the development order remains active.

(Ord. No. 90-16, § 1, 9-11-90)