Last Wednesday afternoon, I arrived in Seattle and checked into a room on the 16th floor of the Hyatt At Olive 8 hotel and began preparing to moderate a panel the next day on transferrable development rights programs. The hotel was brand-new and less than a block from the convention center. It was comfortable and cool, the first LEED certified hotel in Seattle. Little did I realize that the very room I was staying in existed because of the King County transfer of development rights program I was there to discuss.

The Ninth U.S. Circuit Court of Appeals continued to flesh out its property rights jurisprudence with a decision from Spokane, Washington — this time by siding with property owners seeking to protect their own rights by enforcing historic preservation regulations.