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- Info
Issues in the use of transferable development rights for land use control and environmental preservation
| Author: |
Gale, Dennis E. |
| Date: |
1978 |
| Periodical: |
Planning Comment |
| Abstract: |
In recent years-many land use professionals and public officials have increasingly explored the public and private acquisition of less-than-fee simple interests in property as a means of controlling growth. Typically referred to as "development rights," these interests would be conveyed in two ways. Under the first alternative, a public agency would simply purchase from each eligible private landowner a less-than-fee title to his property. A second alternative would permit eligible landowners to transfer their development rights to other properties located in areas suited to higher density land uses. In exchange, the transferor would receive payment for his rights while maintaining title of the land and continuing its existing uses. Its proponents have claimed that the transfer of development rights (TDR) has the advantage of placing most of the economic burden of preserving land resources on the private sector rather than the public fisc. This feature, of course is an important reason for the current interest in TDR. Nonetheless, the apparent distribution of benefits and, especially, of costs for protecting historic, ecological, or aesthetic resources under development rights techniques gives rise to Strong doubts about their future utility. It is the purpose of this Study to describe the range of variations in TDR proposals and programs and, particularly, to compare and contrast the methods by which development rights are to be measured and redistributed. This analysis will identify several important issues related to the equity effects of TDR. |
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