Pond Boss Forums INTRO Questions & Observations Grandfather clause

Has anyone ever heard of getting around environmental land use rules with a grandfather clause? I purchased my grandfathers property....he owned it before any tree hugger rules went into effect. Is there such a thing as a grandfather clause? Or is this old timer that I heard it from full of crap? Anyone...? Anyone?

Although I probably should leave this to one of our legal experts I found this definition for you:


grandfather clause
n.

1. A provision in a statute that exempts those already involved in a regulated activity or business from the new regulations established by the statute.

Usually you hear the term "grandfather clause" to describe an exemption from a new or changing rule, law or regulation granted to an existing business or building or whatever is being regulated. Building codes I think are great examples - new building codes don't (usually) effect structures that already exist.

The clause doesn't usually have anything to do with the fact that you purchased property from your grandfather.

Environmental rules can be the toughest to get any form of exemption from.

I'm sure one the the good legal minds here will give you a better answer than I did. Either way, before you take on a new activity I would suggest that you check with whatever agency regulates what you would like to do and see what their take on it is. If you don't like that answer then you can contact an attorney that specializes in the law that pertains to the activity. What ever you do you don't want to violate environmental regulations - that can be extremely costly.

Yes. It depends. Often prior existing rights or uses are exempt from subsequently enacted legislation to avoid a takings or inverse condemnation claim. It just depends on the situation. It is a concept not a clause in a contract or deed.

Yeah I was wondering how that would go into effect with all the different treehugger agency's? (cough, cough, slow as ACOE) Yeah...its kind of a pun. It actually WAS my granfather's place. Its been in the fam for years. Ever sense I found out about all these treehugger rules, I never found it unfair that grandpa did whatever he wanted, and now I cant. I can see if Im a new buyer...but considering I was right on the tractor pulling weeds and excavating ponds with him, now that I own the deed, I cant do the same thing he did. Very unfair.