Research Directions for Historic Preservation Law

Sara C. Bronin, Research Directions for Historic Preservation Law, in A Research Agenda for Land Use and Planning Law (Edward Elgar Publishing; Sarah Schindler and John Infranca, eds.) Forthcoming.

Cornell Legal Studies Research Paper No. 23-16

15 Pages Posted: 29 Dec 2022 Last revised: 28 Sep 2023

See all articles by Sara C. Bronin

Sara C. Bronin

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

Date Written: December 15, 2022

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

Suggested Citation

Bronin, Sara C., Research Directions for Historic Preservation Law (December 15, 2022). Sara C. Bronin, Research Directions for Historic Preservation Law, in A Research Agenda for Land Use and Planning Law (Edward Elgar Publishing; Sarah Schindler and John Infranca, eds.) Forthcoming. , Cornell Legal Studies Research Paper No. 23-16, Available at SSRN: https://ssrn.com/abstract=4304266

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

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
288
Abstract Views
1,103
Rank
199,006
PlumX Metrics