Article Title

The Transfer of Development Rights: Some Equity Considerations

Publication Title

Urban Law Annual


For purposes of this analysis transfer of development rights measures can be grouped into two major categories: compensatory and redistributive. Compensatory transfer of development rights schemes would be used to achieve public land use planning objectives while attempting to ensure legally adequate compensation for affected property owners. Redistributive schemes, while not insensitive to planning and compensation issues, focus on promoting a reallocation of development rights among designated property owners according to criteria which, it is maintained, would more equitably distribute this form of wealth. These distinctions are elaborated in the following discussion.