Transfer Development Rights as Applied to Agricultural Land Use Protections

Timothy J. Lawrence, Transfer of Development Rights, Land Use Series, Ohio State University, available at http://ohioline.osu.edu/cd-fact/1264.html (last visited February 29, 2008).


This piece is useful not only as a clear and coherent introduction to the Transfer of Development Rights (“TDRs”), but also unique for the manner in which it advocates for the potential use of TDRs for the purpose of protecting farm land in Ohio.

It explains TDRs in terms of the Purchase of Development Rights (“PDRs”) and distinguishes them on the basis that TDRs rely on a set "receiving" and "sending" area, and an exchange in development rights between the two.

Notably, the article also makes reference to state law amendments geared toward the recognition of TDRs and incorporation of the phenomenon into state real estate and development codes. As such perhaps this is an area in which we can use state law reforms and legislators (generally more favorable to development than those of Berkeley City government) and essentially bypass local ordinances.