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I believe the trading of "air rights" for New York City real estate goes
back to the creation of the city's original zoning plan in the early 20th
century. Buildings have an allowable FAR or "floor area ratio" which
relates lot size to buildable floor area. Subsequent revision of the code
have superimposed various height restrictions, set backs at grade and at
various heights, etc. But the basic concept remains that each lot has a
maximum buildable floor area. To the extent one lot is willing to forego
its rights to that area, it can trade the rights to another lot. Churches,
for example, may occupy valuable and desirable lots but have no need to
build to maximum allowable floor area or height, and trade the "air rights"
for a lump sum or a continuing income stream. Or a marginally located lot
may trade it "air rights" to a lot in a prime location and obtain a better
return than building on-site simple because of the locational difference.
Scott Cullen
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