Land Use & Zoning

What is 'air rights' in Illinois urban real estate development?

AThe right to fly drones over a property
BThe right to develop the space above a property or existing structure, often sold or leased separately from the underlying property✓ Correct
CFAA-regulated airspace above all Illinois properties
DRights to wind energy generated above a property

Explanation

Air rights refer to the space above a property that can be developed independently from the underlying property. In Chicago and other dense Illinois cities, air rights are bought, sold, and transferred separately—a developer might purchase air rights above a historic building to build additional floors, or above a railway to build a deck development.

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