Published: 2022-03-31

Transfer of Development Rights Banking in the USA

Wojciech Kwiatkowski
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.1.04

Abstract

This article discusses the TDR mechanism, that is TDR banks as middlemen in the transfer of development rights in the United States. The role of TDR banks is important because they stabilize the TDR market, provide it with the required synchronization between supply and demand, and guarantee an adequate price. In the USA, TDR banking is particularly important when the unused development rights are obtained from sensitive areas like special environmental areas, or areas reserved for agriculture. They play a lesser role in the environment in which they were originally created, i.e. cities, where they were envisaged to ensure the transfer of unused development rights from lots located in specially designated districts. The article also discusses the controversies concerning TDR banking, i.e. the potential for violations of federal competition (antitrust) law, or the valuation of unused development potential.

Keywords:

development rights; real estate; TDR bank; transfer of development rights.

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Citation rules

Kwiatkowski, W. (2022). Transfer of Development Rights Banking in the USA. Zeszyty Prawnicze, 22(1), 65–85. https://doi.org/10.21697/zp.2022.22.1.04

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