Board splits on whether developers can invoke SB 8 40 without losing long‑standing vested rights

Jan 12, 2026

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 full story

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.

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