Abstract
Abstract Transfer of development rights, or TDR, allows increased development in places where a community wants more growth in return for reduced development in places where it wants less. TDR is described as creative, innovative, and even experimental. In fact, this “new” technique has been used since 1968 when New York City included a density transfer mechanism in its landmarks preservation law. As TDR approaches its 40th birthday, it seems appropriate to look back and ask the following questions: How does TDR work? What goes into a successful TDR program? How is TDR evolving? And what do the courts have to say about this aging innovation?
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