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Responding to Misleading Arguments Against Local Landmark Laws

The headline of a recent article in Market Urbanism , a blog promoting a “free-market approach to urban land use,” caught the attention of preservationists across the country: “The Cato Institute Goes After Arbitrary Historic Preservation Laws.” According to the article, a group of urban...

David J. Brown's profile image

Library Entry
Kelo Commentary for Members of the Historic Preservation Community

The National Trust position issued on August 2, 2005 in regards to the U.S. Supreme Court controversial decision in the case of Kelo v. City of New London , 545 U.S. 469 (2005). #Legal #takings

Kelo-CommentaryNTHP.pdf


Web Page
Takings Clause

Under the Supreme Court's interpretation, the takings clause extends to governmental regulations as well as physical takings of property. Additional Resources The Penn Central Decision Kelo Commentary for Members of the Historic Preservation Community Supreme Court Takings Cases ...


Glossary
"Taking" of Property

Act of confiscating private property for governmental use through "eminent domain" or by regulatory action. Source: Miller, Julia H. A Layperson’s Guide to Historic Preservation Law: A Survey of Federal, State, and Local Laws Governing Historic Resources Protection . Washington, DC: National...


Blog Entry
New York City’s Landmarks Commission Wins Important Takings Lawsuit

Originally Posted January 22, 2016 New York City’s Landmarks Preservation Commission scored an important victory recently when a state supreme court justice ruled against a developer claiming to have suffered a “taking” following the Commission’s decision to designate the First Avenue...

Will Cook's profile image

Library Entry
Stahl York Avenue Co. LLC vs. New York City

Featured are the following documents: Full ruling in Stahl York Avenue Co. LLC vs. New York City as featured in the blog post New York City’s Landmarks Commission Wins Important Takings Lawsuit by Will Cook. The National Trust joined the Friends of the Upper East Side Historic...

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