Development Rights: Current Trends and Legal Concerns

$149.00

SKU: 409832

Description

Understand what air rights are, the difference between airspace and air rights, and when such air rights can be transferred.
Newspapers and real estate blogs are full of articles about the huge sums of money paid in NYC for air rights. Property owners may wonder whether they can monetize the airspace above their property or an existing building by selling the air. Do they really own and can use all the air above their property? Do they need some government to establish specific sites to which they can transfer the rights, or can they transfer anywhere? Other property owners wonder if the miracle of TDR provisions will allow them to increase density on their land if they can find anyone to sell them air rights. And if a landowner can sell or buy air rights, how do they do it? This presentation will help property owners and attorneys understand what air rights are, the difference between airspace and air rights, and when such air rights can be transferred either to or from their land. This presentation will explain the processes and issues that can arise in connection with such transfers. The topic will provide a brief introduction to New York City air rights and the transfers that seem to be worth a fortune.

Date: 2022-11-09 Start Time: 1:00 PM ET End Time: 2:05 PM ET

Learning Objectives

* You will be able to describe air rights and the difference from air space.

* You will be able to discuss when air rights can be developed.

* You will be able to explain the purposes of granting and receiving sites in air rights transfers.

* You will be able to identify where air rights exist.

Introduction and Definition of Air Rights
• Distinction Between Air Rights and Air Space
• Are Air Rights a Real Property Interest?

What Law Applies?
• Federal Government Role
• State Government Role
• Local Government Role

Rights of a Property Owner to the Airspace Above Her Property
• Applicability of Traditional Rule That Cujus Est Solum Ejus Est Usque Ad Coelom
• When Can Air Rights Be Developed?
• When Does Use of Air Space by Government Entitle a Property Owner to Compensation?

Transfers of Air Rights
• New York City
• Other Cities/Programs
• Role of Title Insurance
• The Impact/Effect of a Sale of Air Rights for the Property Owner (Besides Monetization)

Taxation of Air Rights
• Can Unused Air Rights Be Taxed?
• When Do Air Rights Become Taxable?

CLE (Please check the Detailed Credit Information page for states that have already been approved) ,ENG ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Robin A. Kramer-Duval & Stachenfeld LLP