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Beyond Takings and Givings: Saving Natural Areas, Farmland and Historic Landmarks with Transfer of Development Rights and Density Transfer Charges
 
 
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Beyond Takings and Givings: Saving Natural Areas, Farmland and Historic Landmarks with Transfer of Development Rights and Density Transfer Charges [Paperback]

Rick Pruetz (Author)
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Book Description

0965831418 978-0965831413 April 14, 2003
The United States loses over four thousand acres of farmland and natural areas to development every day. Zoning is not a permanent solution. And few communities are able to use tax dollars for meaningful open space preservation.

However, a growing number of communities are using a market-based preservation technique called transfer of development rights, or TDR. With TDR, the owners of land that these communities want to save, called sending areas, are compensated for voluntarily restricting their development potential. The owners of land on which communities want to allow growth, called receiving areas, are allowed additional development potential, but only when they participate in the preservation of the sending areas.

"Beyond Takings and Givings" updates and expands the 1997 publication "Saved By Development", until now the most comprehensive book on TDR. "Beyond Takings and Givings" offers a progress report on most of the 112 TDR programs profiled in the 1997 book plus case studies of 30 additional programs. "Beyond Takings and Givings" provides a step-by-step guide to creating a TDR program and addresses the most commonly asked questions on this topic. What is TDR? How did TDR evolve? Where has TDR worked best? What are TDR's success factors? What are TDR's advantages and disadvantages? How does TDR compare with other implementation tools? Why doesn't everyone use TDR? And, for communities where adoption of a traditional TDR program seems doubtful, "Beyond Takings and Givings" explains density transfer charges, a tool that reduces the seemingly complex TDR mechanism to a single requirement.

In addition, "Beyond Takings and Givings" places TDR within the context of the ongoing property rights debate. Some property rights advocates believe that governments should compensate for regulations that reduce but do not eliminate property value, or "partial takings." In contrast, some community rights advocates argue that compensation is inappropriate because value reductions are offset by the value increases created by government actions and regulations, often without reimbursement, or "givings." TDR offers a practical alternative to this stalemate. It recaptures a portion of the extra value created by additional development at receiving sites and uses it to offset value reductions experienced by the owners of sending area land who voluntarily restrict the development potential of their properties.


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Editorial Reviews

Review

TDR can be simplified into "density transfer charges" or used in more complex ways...Pruetz explains these possibilities and others. -- Planning, American Planning Association, October, 2003

About the Author

Rick Pruetz, American Institute of Certified Planners, holds a Master of Urban Planning degree from the University of Wisconsin - Milwaukee. He has been a planner for 24 years and runs a consulting practice specializing in TDR workshops, studies and ordinances.

Donald I. Berger, author of the chapter on TDR's legal considerations, is a partner in the Los Angeles office of the Morrison & Foerster law firm. He specializes in land use and real estate law and represents clients in California and nationwide on development and land regulation issues.


Product Details

  • Paperback: 500 pages
  • Publisher: Arje Pr (April 14, 2003)
  • Language: English
  • ISBN-10: 0965831418
  • ISBN-13: 978-0965831413
  • Product Dimensions: 10.8 x 8.3 x 1.1 inches
  • Shipping Weight: 3.2 pounds
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,389,752 in Books (See Top 100 in Books)

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4.0 out of 5 stars As described, October 4, 2010
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This review is from: Beyond Takings and Givings: Saving Natural Areas, Farmland and Historic Landmarks with Transfer of Development Rights and Density Transfer Charges (Paperback)
This book is a great resource for understanding the ins and outs of Transferable Development Rights.
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Inside This Book (learn more)
First Sentence:
Many communities are not creating the future they want. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
receiving site owners, potential receiving sites, baseline zoning, transferred development rights, percent density bonus, development rights cannot, existing development rights, one unit per five acres, sending area landowners, sending site, receiving area projects, same zoning district, bonus density, commercial floor area, demand for development rights, zoning code amendment, antiquated subdivisions, one development right, critical viewshed, local coastal plan, potential sending areas, other development requirements, receiving area landowners, transferring development rights, designated building site
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New Jersey, New York, Montgomery County, Pine Barrens, Los Angeles, San Luis Obispo County, San Francisco, Penn Central, Land Conservancy, King County, Boulder County, Average Township, Supreme Court, Lake Tahoe, Calvert County, Morgan Hill, Dade County, Coastal Commission, County Board, Case Studies of Other Good, Palm Beach County, Burlington County, Douglas County, Coastal Conservancy, Pitkin County
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