A. General – promotion of policy goals
1. Landmarks, special district, public improvements, affordable housing, parks, agricultural lands
2. In some cases, transfer fees paid to private owners, in some cases transfer fees paid to municipalities or authorities
B. Grand Central Case
1. Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 98 S. Ct. 2646 (1978)
a. Background
b. Supreme Court finds that transferable development rights program mitigates against finding that landmark law constitutes a taking of private property
i. [T]o the extent appellants have been denied the right to build above the Terminal, it is not literally accurate to say that they have been denied all use of even those preexisting air rights.”
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James P. Power is special counsel at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC. His practice involves representing private developers and cultural, educational and health care institutions with respect to New York City real estate development issues. In that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies.
Agenda
Faculty
James P. Power
Kramer Levin Naftalis & Frankel LLP
- Partner at Kramer Levin Naftalis & Frankel LLP, which has the largest land use practice in NYC
- Practice involves representing private developers and cultural, educational and health care institutions with respect to New York City real estate development issues; in that capacity, he advises clients on municipal law issues, the development potential of sites, and the land use and environmental review processes and practices before various New York City land use agencies
- He also advises on inclusionary housing and 421-a benefits issues
- Recent projects include advising the development of a new primarily residential tower that would rise 1,066 feet in height and be the tallest building in Brooklyn; representation of a major New York City developer in obtaining a text amendment and City Planning Commission special permits for a new residential development in the West Clinton area; representation of a prominent design-build developer in obtaining a variance for a new residential project at a prominent site in Tribeca; and represented a major hotel investment firm on a series of development projects involving complex site assemblages and in the midst of regulatory changes
- Jim has lectured on land use and zoning at education programs sponsored by continuing legal educational organizations such as Lorman Education Services, and professional and industry groups such as the Appraisal Institute
- Has published and quoted on a range of land use topics, including COVID-19-related impacts on land use, residential conversions, air rights transactions, the Mandatory Inclusionary Housing and 421-a tax abatement programs, the floor area bonus structure in the Special West Chelsea District, and the recent restrictions on hotel use in M1 manufacturing districts; articles and quotes have been published in the New York Law Journal, Real Estate Weekly, the Commercial Observer, Law360 and New York Construction Magazine (quoted as “industry leader”)
- J.D. degree, New York University School of Law; B.A. degree, Williams College
- Can be contacted at 212-715-7839 or [email protected]
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