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Board splits on whether developers can invoke SB 8 40 without losing long‑standing vested rights
Summary
Two appeals by developers seeking to use Senate Bill 8 40 while retaining vested rights highlighted a legal clash between city staff and property owners. Staff said the state law applies only to projects begun after 09/01/2025; applicants said their consent agreements preserve earlier rights. The board declined to grant the appeals.
The San Antonio Board of Adjustment on Jan. 12 heard two appeals from developers who want to use a recently enacted state law, often called SB 8 40, while preserving vested‑rights protections that date to the 1980s.
City staff, represented in the hearing by a development‑services presenter, told the board the statute applies only to projects “initiated on or after” the law’s effective date, Sept. 1, 2025, and that a single parcel cannot be treated as both started in 1984 and 2025. Staff recommended the board take no action because interpreting…
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