For landowners and developers, the opportunity to use TDRs as a matter of right lessens the uncertainty of a deal that would otherwise carry more risk if they had to apply for a discretionary permit.
The hope is that that change will make TDRs more attractive for landowners and developers and give cities and towns another means by which to advance smart growth planning.
The American Planning Association defines transfer of development rights or TDR zoning as "the yielding of some or all of the right to develop or use one parcel of land in exchange for a right or use another parcel of land more intensively."
Supreme Court first recognized the use of TDR zoning when it upheld New York City's Landmarks Preservation Law, which sought to protect historic buildings such as Grand Central Terminal.
project office at Goddard manages the TDRS
Indeed, a criticism of TDR regimes from this perspective is that they encourage governments to enact unduly restrictive zoning ordinances precisely to enhance the value of the TDRs.
Simultaneously, preservationists and others in favor of broad land use authority have come to rely on TDRs as an important tool.
But the questions raised by the litigation implicate the ongoing viability of TDRs in New York City and beyond.
TDRs raise precisely this problem, and so the new Grand Central litigation offers an unusually crystalized opportunity to examine these important questions.
property for which TDRs are inadequate compensation.
landowner's development rights, (17) the government issues TDRs to
rise to the question of whether the use of TDRs in these situations