Allowable continuance, based on practice prior to legislation, of a practice now forbidden by new legislation.
Loophole created by southern disfranchising legislatures of the 1890s for illiterate white males whose grandfathers had been eligible to vote in 1867.
a provision that makes an exemption in the law for a certain group based on previous conditions
A regulation that permits existing conditions or uses to continue despite new laws against them. Applies to prior use zoning.
Something which was once permissible and continues to occur despite changes in the law.
an exemption based on circumstances existing prior to the adoption of some policy; used to enfranchise illiterate whites in US south after the Civil War
an exemption which allows current businesses or property owners to continue operating under the previous laws
Allows the continuation of something (i.e.: a use, a business, etc.) which, was permissible but, because of a change in the law is no longer legal.
A provision in a bill or a law which exempts a defined category of persons from complying with the legislation by establishing a prospective effective date.
(non) A provision permitting persons engaged in an activity before passage of a law affecting that activity to continue in such activity (or otherwise receive a license or prerogative) without the necessity of fulfilling all that is legally required of persons subsequently undertaking the same activity.
A provision that enabled motor carriers engaged in lawful trucking operations before the passage of the Motor Carrier Act of 1935 to secure common carrier authority w/o proving public convenience and necessity; a similar provision exists for other modes.
Properties that do not conform to current ordinances, codes, or regulations, but are allowed to continue to be occupied because the properties predate the institution of the ordinances, codes, and regulations.
A provision within a bill that allows activities, individuals or groups involved prior to its enactment, to be exempt from that legislation.
A clause in a contract which maintains the prior rule or policy where a new rule or policy would otherwise be applicable.
A provision included in a new rule or regulation that exempts a business that is already conducting business in the area addressed by the regulation from penalty or restriction.
A provision of law exempting certain parties from changed or increased standards of a new law; it is often used in statutes governing certification, contract, and retirement requirements. A clause or provision may be referred to as being "grandfathered-in."
A provision in a new law that limits its application to people who are new to the system.
An exemption to a new ordinance or law for a specific property or person. For example, new laws may require specific zoning and building code restrictions for a neighborhood. Existing properties in that neighborhood will not have to make the changes required to meet new codes; however, those same properties may face additional restrictions if they try to make any later improvements. For more information, see the "Zoning and Building Codes" article in the "Real Estate In-Depth" section.
in the US, a clause in a contract that allows a prior law to take precedence over newly introduced legislation.
If a new law is passed or an old is changed those people whose activity was legal under the previous law are allowed to continue because of this condition. This law is common with pets; some buildings that do not allow pets now, did in past, therefore, those owners are allowed to keep their pets.
A provision in a bill which exempts a person from a proposal's coverage based on the person's present status.
A provision exempting persons or other entities already engaged in an activity from rules or legislation affecting that activity. Grandfather clauses sometimes are added to legislation to avoid antagonizing groups with established interests in the activities affected.
Exemption from regulation for certain persons having engaged in the regulated activity for a specified period of time prior to the effective date of the regulatory legislation.
Common expression used to convey the idea that something which was once permissible continues to be permissible despite changes in the controlling law.
An expression that conveys the concept that something that was once permissible continues to be so, despite changes in the law.
A provision in a law that ensures that the law is not retroactive, that it does not render a previously legal thing illegal. For example, a new zoning by-law requiring all houses to be at least five feet from the side lot line would not render illegal a 20-year-old house that stands three feet from the side lot line. The property would be described as "legal non-conforming".
The clause in a law permitting the continuation of a use, business, etc., which, when was permissible but, because of a change in the law is now not permissible.
enables certain persons who are practicing in a profession prior to the enactment of a licensure law to obtain a license without having to meet all of the requirements specified in the law.
A contract provision specifying that employees on the payroll before a specified time will retain certain rights and benefits even though newer employees are not entitled to these rights.
stated that only those whose grandfathers voted before 1867 were eligible to vote without paying a poll tax or passing a literacy test. The grandfathers of most African Americans had been enslaved and not permitted to vote before 1867, thereby making this clause impossible for African Americans to overcome.
clause included in the state constitutions of several southern states after the Civil War placing high literacy and property requirements for voters whose ancestors did not vote before 1867. These clauses were designed to interfere with African-American citizens' right to vote. In 1915, the Supreme Court ruled grandfather clauses unconstitutional.
A provision in a bill which exempts persons presently practicing or involved in the legislatively restricted activity from the provisions of the statute.
A provision in a proposal that exempts some party from the proposal's coverage on the basis of the party's present status, e.g., a provision that current license holders are “grandfathered” and are not required to comply with additional licensing requirements imposed by the proposal.
An exemption that allows persons or entities to continue with an activity they were engaging in before it became illegal through a change in regulation.
A provision that enabled motor carriers engaged in lawful trucking operations prior to the passage of the Motor Carrier Act of 1935 to secure common carrier authority without proving public convenience and vecessity: a similiar provision exists for other modes.
A clause in a law or zoning ordinance permitting a business operator or landowner to be exempt from restrictions on use if the property continues to be used as it was when the law was adopted.
The grandfather clause was a rule that required potential voters to demonstrate that their grandfathers had been eligible to vote, a tactic used in some southern states after 1890 to limit the balck electorate, as most black men's grandfathers had been slaves and ineligible to vote.
Provision that, when a law is changed or a new law is passed, those whose specific activity was legal under the previous law will be allowed to continue, by virtue of this provision.
Structures which were conforming at the time of construction, but are now nonconforming due to new zoning laws, are "grandfathered" or allowed to remain in existence.
when a law is changed or a new law is passed, those whose specific activity was legal under the previous law are often allowed to continue, by virtue of this provision. -- View Real Estate Listings
A change in the law that conflicts with the previous law. However, under the grandfather clause a business, etc. is still allowed to continue under the previous law set forth.
In American English, a Grandfather clause is an exception that allows an old rule to continue to apply to some existing situations, when a new rule will apply to all future situations. It is often used as a verb: to "grandfather" means to grant such an exemption. For example, a "grandfathered power plant" may be exempt from tougher pollution laws, or a house built before changes in building codes will not require updating to new codes (unless the house is significantly renovated).