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.

Regulatory taking (Law), Development rights transfer

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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.

Real estate developers, Competition (Economics), Petition, Right of, Right of petition

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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.

Local, Analysis, Due process of law, Building permits

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