Past, present, and future constitutional challenges to transferable development rights

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