Legal Opinion

Wilkinson v. St. Jude Harbors, Inc.

District Court of Appeal of Florida

Decided July 11, 1990No. 89-03366PublishedCited by 3 opinions

1Opinion of the Court

LEHAN, Judge.

We affirm the trial court’s ruling that transferable development rights (TDRs) are not real property subject to assessment for ad valorem taxation.

TDRs have been described as follows: “Basically, a TDR allows that development rights, attributable to one piece of land, be transferred to another.” City of Hollywood v. Hollywood, Inc., 432 So.2d 1332, 1337 (Fla. 4th DCA), review denied, 441 So.2d 632 (Fla.1983).

Land may be viewed as an assemblage or bundle of rights. According to TDR theory, the right to develop one’s property may be severed from the land and sold, much in the same…

2Cases cited11 opinions

  1. State Ex Rel. Seaboard Air Line Railroad v. GaySupreme Court of Florida · 1948
  2. CD Utility Corporation v. MaxwellDistrict Court of Appeal of Florida · 1966
  3. Sage v. Township of BernardsNew Jersey Superior Court Appellate Division · 1984
  4. Mikos v. RINGLING BROS.-BARNUM & BAILEYSupreme Court of Florida · 1986
  5. City of Hollywood v. Hollywood, Inc.District Court of Appeal of Florida · 1983

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Holly Ridge Ltd. Partnership v. PritchettDistrict Court of Appeal of Florida · 2006
  2. Village at Treehouse, Inc. v. Property Tax AdministratorColorado Court of Appeals · 2014
  3. Ago, Florida Attorney General Reports1992

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