Are TDRs alive?
Article Abstract:
Transfer of development rights (TDR) emerged due to the impact of zoning on the right to develop real property. TDR allows property owners to sever the right to develop from the traditional 'bundle of rights' and to transfer it to another who pays compensation therefor. In a concurring opinion in Suitum v. Tahoe Regional Planning Agency, Justice Scalia attacked TDR as irrelevant to the takings issue. However, TDR should be respected on federalism grounds.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 1998
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Right to petition government regarding applications for zoning changes is not unlimited
Article Abstract:
The author discusses cases involving "sham" petitions made by real estate developers and others to block zoning changes, but which also interfere with competition and thus violate antitrust law.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 1999
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Permit denials and substantive due process
Article Abstract:
The author discusses various federal court rulings covering local zoning boards, building permit denials, and the substantive due process rights of property owners.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 2000
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