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Property Law and Real Estate

Seattle University School of Law

2000

Property Law and Real Estate

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Full-Text Articles in Law

The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim Jan 2000

The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim

Seattle University Law Review

This Article is primarily a comprehensive, practitioner-oriented analysis of Washington's vested rights doctrine. In this Article, the authors propose that there are actually three models for vested rights in the nation, the majority and minority rules and the Washington rule. In the 1950s, Washington began following what commentators usually refer to as the minority rule, but the authors of this article assert that over the years our state's vesting doctrine has evolved into a distinct, third model. As this article will show, the Washington rule is not only distinct, it is superior.