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Fordham Law School

Fordham Urban Law Journal

1982

Preservation

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The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon Jan 1982

The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon

Fordham Urban Law Journal

Growing recognition of the economic benefits that historic preservation can bring to a community, coupled with a more traditional belief in preservation for its own sake, has focused the attention of federal, state and local government officials on the need for historic preservation statutes. This article explores the legal means available to protect historic resources in New York. Section II discussed steps taken by the federal government, primarily in the National Historic Preservation Act of 1966, to protect historic resources from adverse impacts resulting from federal actions. Section III analyzes the New York State Historic Preservation Act of 1980, and …


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 …