Development Rights: Current Trends and Legal Concerns (OnDemand Webinar)

$149.00

SKU: 409832EAU

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: End Time:

Learning Objectives

Introduction and Definition of Air Rights
• Distinction Between Air Rights and Air Space
• Are Air/Development 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 Does Use of Air Space by Government Entitle a Property Owner to Compensation? TDRs and Takings

Transfer and Development of Air Rights
• Development Above Public Property
• Transfer Programs
• Purpose of Transfer Programs
• Use of Sending and Receiving Zones
• New York City
• Title Insurance
• Considerations for Property Owner When Transferring Development Rights

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

Questions and Answers

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

Development Rights: Current Trends and Legal Concerns (OnDemand Webinar)

$219.00

SKU: 405322EAU

Description

Learn about the latest issues impacting development rights.This topic provides an overview of the role of development rights in real estate transactions and development projects, including a review of current trends and potential problem areas and areas of legal concern. The material will begin with an overview of zoning regulations, including use, floor area, bulk and light and air requirements. It will review the most common type of development rights transfer, by zoning lot merger, as well as other mechanisms, e.g., transfers from landmarks, by statute or special district designations, and by inclusionary or affordable housing bonuses. There will also be a discussion of development rights pricing, and areas of special interest to transactional real estate attorneys, such as the treatment of development rights in opinion letters and loan agreement covenants. There will be a focus on both local (primarily New York City) and national air rights schemes and regulatory trends.

Date: 2019-04-30 Start Time: End Time:

Learning Objectives

Basics of Zoning
• Use
• Floor Area
• Other Bulk Regulations
• Light and Air Requirements
• National Perspective

Zoning Lot Mergers
• Development Rights Transfer
• Easements
• Construction Issues
• Other Rights and Responsibilities

Other Types of Development Rights Transfer
• Legal/Constitutional Background
• Transfers From a Designated Landmark
• Special District Transfer Mechanisms
• Inclusionary Housing Bonuses
• Other Models
• National Perspective

Pricing of Development Rights
• Economic Theory
• Zoning Lot Merger
• Statutory/Special Districts
• Inclusionary Housing
• National Perspective

Other Issues
• Zoning Opinions
• Loan Agreement Covenants
• National Perspectives

Case Studies

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

James P. Power-Kramer Levin Naftalis & Frankel LLP, Eugene C. Travers – Kramer Levin Naftalis & Frankel LLP