Join members of the National Trust’s Law Division for an introduction to the legal mechanisms used to protect historic resources, including constitutional issues related to governmental regulation of historic properties, preservation easements, as well as federal, state, and local historic...
Preservation Law 101 PPT_2021-09-27_FINAL.pdf
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...
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
Under the Supreme Court's interpretation, the takings clause extends to governmental regulations as well as physical takings of property. Takings Clause Although largely unsuccessful, property owners challenging historic preservation laws sometimes argue that such laws, either generally or in...
The United States Constitution contains several provisions that protect the individual from the state Constitutional Issues The United States Constitution contains several provisions that protect the individual from the state. Included in the Bill of Rights are important restrictions on...
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:...
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...
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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