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Development Agreements and Vested Rights


Gain an understanding of what a development agreement is and how it is different from other land use approvals.

The use of development agreements is widespread but their potential benefits are often overlooked or misunderstood by both developers and local government officials. A well-crafted development agreement provides the developer the assurances it needs to secure financing and proceed with construction while offering local government the public benefits it otherwise could not achieve by regulation. The development agreement also offers a mechanism to address a host of issues that commonly arise in the land development process between developers and local governments, such as the timing of the provision of public facilities, the inclusion of certain types of housing, and the annual number of building permits. This presentation will review the purpose behind development agreements, what they can do (and cannot do), how procedural missteps and drafting errors can expose the parties to liability and/or potentially scuttle an otherwise well-thought out project, and other issues the audience brings to the table for our consideration.



David Warner

David Warner

Ancel Glink

  • Of counsel, Ancel Glink, Maryland
  • Nationally recognized expert in the field of land use and zoning law specializing in economic development, annexations, land use entitlements, historic preservation, planned unit developments, and affordable housing
  • Has steered large-scale residential, commercial and industrial projects through the gamut of land use approvals, negotiations, compliance issues and financing until completion on behalf of private developers, builders, REITs, and financial entities
  • Regularly advises elected officials, advisory bodies, and local government officials on development review and practice, vested rights, federal and state mandates, risk management, and procedure
  • Member of the State Bars of California, Illinois, Nevada, and Wisconsin and regularly leads seminars and workshops on land use, zoning and development, constitutional law, and the First Amendment
  • His most recent article, “Annexation, A Cautionary Tale” appeared in the February 2019 issue of Planning, for the American Planning Association
  • J.D. degree, UCLA School of Law; M.A. degree, University of Maryland Baltimore County; B.A. degree, Northwestern University
  • Can be contacted at [email protected], [email protected], or 920-917-3194

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