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- Title
EXPLOITING AMBIGUITY IN THE SUPREME COURT: CUTTING THROUGH THE FIFTH AMENDMENT WITH TRANSFERABLE DEVELOPMENT RIGHTS.
- Authors
Vincent, Trevor D.
- Abstract
The article focuses on the concerns related to transferable development rights (TDRs) in light of the Taking Clause of the Fifth Amendment and the legal tests currently recognized by the U.S. Supreme Court. It mentions that ambiguity currently existing in this Supreme Court doctrine and the importance of the TDR banks to the widespread viability of TDR programs. It also mentions that need to ensure the equivalent of just compensation to landowners affected by preservation regulations.
- Subjects
UNITED States; DEVELOPMENT rights transfer laws; ZONING law; TAKINGS clause (Constitutional law); UNITED States. Supreme Court; JUST compensation (Eminent domain); LANDOWNERS
- Publication
William & Mary Law Review, 2016, Vol 58, Issue 1, p285
- ISSN
0043-5589
- Publication type
Article