Urban Law Annual ; Journal of Urban and Contemporary Law Volume 14 January 1977 Land Use—Taking, TDR, amd the Tudor City Parks: Fred F. French Investing Co. v. City of New York Kenneth Barnhart Follow this and additional works at: https://openscholarship.wustl.edu/law_urbanlaw Part of the Law Commons Recommended Citation Kenneth Barnhart, Land Use—Taking, TDR, amd the Tudor City Parks: Fred F. French Investing Co. v. City of New York, 14 Urb. L. Ann. 283 (1977) Available at: https://openscholarship.wustl.edu/law_urbanlaw/vol14/iss1/14 This Comment is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Urban Law Annual ; Journal of Urban and Contemporary Law by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. TAKING, TDR, AND THE TUDOR CITY PARKS: FRED F FRENCH INVESTING CO. V. CITY OF NEW YORK Incentive zoning schemes, such as zoning bonuses' and devel- opment rights transfers (TDR),2 have evolved in response to a growing awareness of the conflict between sound environmental design and the profit motive.3 Enforcement of these schemes raises the question of 1. Zoning bonuses are increments of additional floor space granted to developers who include one or more specified amenities in their building to compensate for the density of the project. Theoretically, the value of the bonus will equal or exceed the cost of providing the amenity. See J. COSTONIS, SPACE ADRIFT 30 (1974) [hereinafter cited as SPACE ADRIFT] (discussion of incentive zoning as a tool for historic preservation); Barnett, Case Studies in Creative Urban Zoning, in THE NEW ZONING: LEGAL, ADMINIS- TRATIVE, AND ECONOMIC CONCEPTS AND TECHNIQUES 125, 128 (N.