Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
First Amendment Challenges To Landmark Preservation Statutes, Stephen M. Watson
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
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 …