Do TDRS Result in Takings of Private Property?
Probably not. The Pinelands, New Jersey, TDR program has survived court challenges to the implementation of a TDR program under the takings clause and the National Environmental Policy Act. See, e.g. Hovson’s, Inc. v. Secretary of Interior, 519 F. Supp. 434 (D.N.J. 1981), aff’d 711 F.2d 1208 (3rd Cir. 1983). Cf., Suitam v. Tahoe Regional Planning Agency, ____ U.S. ____, 137 L. Ed. 2d 980 (1997).
