Past, Present and Future Constitutional Challenges to Transferable Development Rights

Seattle\u27s transfer of development rights (TDR) system, an innovative land use device, has so far avoided many of the problems that have plagued other TDR systems. Although the system\u27s voluntary participation avoids a takings challenge, it is still vulnerable to attack on due process grounds. In addition, two U.S. Supreme Court cases held that conditions in land use regulations must closely mirror the harms sought to be prevented, suggesting new constitutional problems for Seattle\u27s TDR system. This Comment describes Seattle\u27s current TDR system and examines its vulnerability to constitutional challenges. This paper concludes that while Seattle\u27s TDR system will probably avoid the pitfalls of past TDR systems, proposed changes would increase its vulnerability to due process challenges