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First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson Jan 1983

First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson

Fordham Urban Law Journal

The Interfaith Commission, religious leaders deeply concerned with the problems associated with the landmarking of religious properties, have recognized that the prohibition against demolition or alteration of landmarked religious properties effectively destroys their value. Additionally, the religious organizations are required to expend thousands of dollars of religious contributions to maintain these landmarks for the public benefit, in accordance with the regulations of the Landmarks Commission. This Comment focuses on the constitutionality of landmark preservation statutes as applied to religious properties. Using New York City as a model, this Comment examines the myriad problems presented by the landmarking of religious properties. …


Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey Jan 1982

Beyond The Taking Issue: Emerging Procedural Due Process Issues In Local Landmark Preservation Programs, Samuel A. Turvey

Fordham Urban Law Journal

In Penn Central Transportation Co. v. New York City, the United States Supreme Court accorded landmark preservation full legal status. This decision left unanswered questions, one of which is the procedural due process requirements for local designation proceedings. In Historic Green Springs, Inc. v. Bergland, a U.S. District Court set aside a designation as a violation of procedural due process. This comment examines the impact of the Historic Green Springs decision, and focuses on the administration of the New York City landmarks law specifically. The comment argues that ordinances such as New York's are inadequate, and concludes that municipal bodies …