Research Directions for Historic Preservation Law

Abstract

Preservation laws govern an ever-increasing range of public and private activities affecting historic properties. Enacted at the federal, tribal, state, and local levels, these laws shape four aspects of preservation practice: designation, public obligations, private constraints, and financial incentives. Unfortunately, research on the scope and impact of these laws has been lacking. Whose history do we preserve? What costs are imposed by historic designation, and on whom? Do preservation regulations prepare us for climate change? Who are the regulators? What legal tools maximize economic activity in general, and equitable growth more specifically?

Considering these and other unanswered questions, this chapter analyzes the status and promise of research about preservation laws, with the aim of inspiring additional inquiry. A richer body of research can help advocates address, rebut, or contextualize contemporary criticism of historic preservation. It can also empower preservationists with more creative ways to keep places that matter alive for the next generation, while responding to an evolving social and environmental context.

Keywords: Regulation, historic district, land use, Section 106, NEPA, Section 4(f), planning, law