ABSTRACT

This chapter examines the transferable development rights (TDR) concept in an orderly manner: first, by examining some of the legal precedents upon which it is based; second, by analyzing each of the TDR proposals; and evaluates the concept from a legal, administrative, economic, and practical perspective. It describes the TDR concept in an orderly manner: first, it analysis some of the legal precedents upon which it is based; second, by reviewing each of the TDR proposals; and then it evaluates the concept from a legal, administrative, economic, and practical perspective. The validity of the TDR proposal may very well depend upon the extent to which the development rights are made marketable in fact. The underlying principle of the TDR system is that the right to develop land may be separated from the other components of title, thereby permitting it to be transferred from land to be restricted in use to other land where a higher density of development is acceptable.