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Development Rights: Current Trends and Legal Concerns

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.

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.

67 minutes
Course Exam
Certificate of Completion
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Agenda

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

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Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on November 9, 2022.

Call 1-866-352-9540 for further credit information.

  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
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  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
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  • MO CLE 1.3
     
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  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
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  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
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  • Lorman Education Services is an approved provider through the AIA/CES. For courses or educational activities to be used towards New York's continuing education requirements, the course must be in an acceptable subject area and must also be in an approved format. Please refer to the rules of the State Board for Professional Engineering and Land Surveying in New York for further details here: http://www.op.nysed.gov/prof/pels/peceques.htm. Ondemand Course Length: 1.0
     
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  • This course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • This Ondemand course is applicable for professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
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  • VT ENG
     
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  • WI ENG 1.0
     
  • This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers.* *The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
     
  • WV ENG 1.0
     
  • This course is applicable for 1.0 professional development hours for engineers.* *Please check the rules and requirements in your state for compliance.
     
  • WY ENG 1.3
     
  • This course is applicable for 1.3 professional development hours for Wyoming engineers.* *Please check the rules and requirements in your state for compliance.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • MO CLE 1.3
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robin A. Kramer

Robin A. Kramer

Duval & Stachenfeld LLP

  • Partner at Duval & Stachenfeld LLP and chair of its Land Use Department
  • Over 30 years of experience in all aspects of land use and real estate development in both New York City and throughout the country
  • Practice encompasses a broad range of land use matters for developers, investors, non-profits, and institutional clients
  • Advises on site acquisition and assembly, development feasibility, and zoning-related matters, including the purchase and sale of air rights
  • Represents clients in applications for discretionary and non-discretionary land use approvals, including rezonings, special permits, and variances
  • Has represented local governments in New York, California, Florida, Minnesota and Missouri, and drafted an amicus brief on behalf of law professors supporting the City of New London in Kelo v. City of New London at the Supreme Court
  • Experience has also included litigation on behalf of local governments, representation of mine operators and gas producers in seeking government approvals, challenges to and defenses of annexations, preparation of a county-wide economic development program, and preparation of impact fee ordinances
  • Has written an article titled Buying And Selling Air Rights In New York City, published by Law360, and a Practice Guidance for Lexis on Zoning and Land Use Laws in New York
  • Adjunct instructor at NYU’s Schack Institute of Real Estate, where she has been teaching Land Use and Environmental Regulation for more than 15 years
  • Member of the Village of Mamaroneck Zoning Board of Appeals
  • Graduate of New York University School of Law; the Princeton University School of Public and International Affairs, with a concentration in housing policy; and the University of Rochester, where she majored in Urban Affairs
  • Admitted to practice in New York, Kansas, and Missouri
  • Can be contacted at [email protected] or 212-692-5554
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Product ID: 409832
Published 2022
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