Also known as: accrued rights · accrue right · accruing rights · accrual of rights · vested right · accrued rights doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A legally enforceable claim or interest that has become fixed through the occurrence of required events or substantial reliance. Once accrued, the right receives protection against subsequent changes in law that would otherwise impair it. Protection arises when a party has obtained a valid permit and made substantial expenditures or when a use was lawful when established.
Aurora Biotech obtained a building permit under existing zoning and spent over $800,000 installing infrastructure for new facilities. The city later rezoned the area and revoked the permit. Aurora Biotech's accrued right prevented the revocation from defeating its completed investment.
Alice Atkins had operated a lawful manufacturing plant for decades before a new zoning ordinance restricted such uses. The city imposed a ten-year amortization period. Alice Atkins's accrued right required the city to demonstrate that the period was reasonable given her long-standing investment.
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Alexis Archer held title to land under a will probated before a new statute attempted to alter inheritance rules. The statute sought to redirect the property. Alexis Archer's accrued right barred the legislature from divesting the interest without compensation.
Angela Acosta's company bid on a municipal project under an existing set-aside program. The city changed its policy mid-process to favor different groups. Angela Acosta's accrued right preserved her eligibility based on the rules in effect when she prepared her bid.
Andre Antoine enrolled in a company training program that reserved slots for certain employees under then-current policy. The employer later altered eligibility rules. Andre Antoine's accrued right entitled him to complete the program under the original terms.
Aaron Adams purchased an insurance policy while residing in one state. After moving, the new state adopted different rules on policy interpretation. Aaron Adams's accrued right required application of the law in effect when the policy was issued.
A landowner acquires an accrued right by obtaining a valid permit and making substantial good-faith expenditures in reliance on existing zoning. The right protects the owner from later permit revocation or rezoning that would render the investment worthless.
Yes. The right may be lost through abandonment, discontinuance for the statutory period, or in some jurisdictions through a reasonable amortization ordinance that phases out the use over time.
An accrued right is fixed and enforceable once required events occur or substantial reliance is shown. A mere expectancy, such as a revocable beneficiary designation, remains subject to change until it vests.
…particular uses without paying compensation, notwithstanding the economic impact, under the rationale that no one can obtain a vested right to injure or endanger the public. In the Coates cases, for example, the Supreme Court of New York found no taking in New York's ban on the interment of the dead within the city, although…