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A Vermont developer enters into a purchase agreement to buy a 15-acre commercial parcel located outside any municipality. The developer plans to build a retail center covering 1.5 acres of the parcel. The seller's agent says Act 250 does not apply because the parcel is less than 25 acres. Under 10 V.S.A. Chapter 151, is the seller's agent correct?

Correct Answer

C) No, Act 250 applies to commercial developments involving more than 1 acre outside a municipality, and this project exceeds that threshold

Under 10 V.S.A. Chapter 151, Vermont's Act 250 requires a land use permit for commercial developments involving more than 1 acre of land outside a municipality. The developer's retail center will cover 1.5 acres outside a municipality, which exceeds the 1-acre threshold. Therefore, Act 250 applies and an Act 250 permit must be obtained, making the seller's agent's statement incorrect.

Answer Options
A
Yes, Act 250 applies only to parcels of 25 acres or more, so this development is exempt
B
Yes, Act 250 applies only to residential subdivisions, not commercial development projects
C
No, Act 250 applies to commercial developments involving more than 1 acre outside a municipality, and this project exceeds that threshold
D
No, Act 250 applies to all commercial development in Vermont regardless of acreage or location

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Related Topics & Key Terms

Key Terms:

act_250commercial_developmentland_use_permitdevelopment_thresholdsvermont_specific

Related Concepts

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.

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