Historic Preservation Law in a Nutshell (Table of Contents)

Historic Preservation Law in a Nutshell, Foundation Press, 2018

14 Pages Posted: 13 Aug 2014 Last revised: 9 Feb 2018

See all articles by Sara C. Bronin

Sara C. Bronin

Cornell University - College of Architecture, Art & Planning; Cornell University - Law School

Ryan Rowberry

Georgia State University - College of Law

Date Written: 2018

Abstract

The purpose of this book is to provide a concise, coherent reference for the emerging field of historic preservation law for lawyers, policymakers, planners, architects, and students alike.

We consider preservation law to be “emerging” because it began to fully develop in the United States only in the last fifty years. Two key transition points happened at the federal level: the 1966 passage of the National Historic Preservation Act and the 1978 Penn Central Supreme Court decision, which upheld a landmarks law against a constitutional challenge and consequently encouraged other localities to adopt similar ordinances. (Of course, this book covers laws and judicial decisions prior to and subsequent to those two key transition points.)

Historic preservation law continues to evolve. Our book is intended to give a broad overview of the key issues as they stand today, supported by statutory references and caselaw. Some of the issues, particularly in the conservation/preservation restriction and the tax credit context, are very much “live,” and we strive to highlight areas of current controversy. We will address the way these legal controversies come to be settled, if at all, in future editions of this book.

Most of the Chapters in this book focus on federal laws and jurisprudence implicating preservation, and we devote one Chapter to international preservation law. It is important to note, however, that the venue in which most people interact with historic preservation law is the local level. Hundreds of localities have stand-alone historic preservation ordinances, while others incorporate historic preservation considerations into their planning and zoning rules. While we could not survey every locality with a preservation ordinance, we present common legal strategies and areas of concern.

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Keywords: Historic Preservation Law, Historic Tax Credits, Rehabilitation, Conservation Restrictions, Section 106, National Environmental Policy Act, Section 4(f), Local Regulation, Local Historic Districts, Cultural Property, Native American Resources, Archaeology

Suggested Citation

Bronin, Sara C. and Rowberry, Ryan Max, Historic Preservation Law in a Nutshell (Table of Contents) (2018). Historic Preservation Law in a Nutshell, Foundation Press, 2018, Available at SSRN: https://ssrn.com/abstract=2408533

Sara C. Bronin (Contact Author)

Cornell University - College of Architecture, Art & Planning ( email )

Ithaca, NY
United States

Cornell University - Law School

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

Ryan Max Rowberry

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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