Transfers of Development Rights (TDRs) have long been seen by Virginia localities as a tool for good planning and to achieve the local future land use plan. But for a long time, Virginia localities had no authority to permit TDRs. See Opinion to the Honorable Robert T. Andrews, 1985-86 Va. A.G. op. 112 (Loudoun County [...]

For many years, localities were without authority to adopt a TDR ordinance. The Attorney General made clear that while a TDR program might be constitutional, a statute would have to be adopted to authorize a locality to adopt a TDR ordinance. Opinion to the Honorable Robert T. Andrews, 1985-86 Va. A.G. op. 112. In 2006, [...]