
Book
Historic Preservation Law
(2012)
Abstract
This book was written for anyone interested in the increasingly important area of historic preservation law. With this book, we hope to advance and encourage the teaching of preservation law, shape the way the field is conceived, and create a practical resource that will be consulted by attorneys and other preservation professionals.
Our approach to the subject is reasonably straightforward. We present the most significant legal issues in preservation and place them in a contemporary context, identifying contested questions and areas of reform. The format of the book is traditional: edited leading cases with notes that provide explanation, extension, and issues for discussion. Given the inter- disciplinary nature of the field, we believe that the legal issues can only be understood in light of historical, aesthetic, political, and administrative issues that make up the larger realm of preservation. Accordingly, we provide secondary materials, both legal and non-legal.
Because we focus on preservation of buildings and sites, we present preservation as part of land use or urban development law. Thus, we provide extensive treatment of local preservation law, which regulates private property, as well as relevant issues in real estate finance and project development. We also provide comprehensive treatment of federal law, including the National Historic Preservation Act and related statutes. In addition, we explore federal laws that address preservation vis-a-vis cultural property issues, particularly regarding Native American and archaeological sites. Preservation has also generated important and interesting constitutional questions related to takings, religious freedoms, and free speech rights, which we address.
Uploaded to this website is a PDF containing the title page and table of contents. Please contact Foundation Press directly if you are interested in the accompanying teachers' manual (2013).
Keywords
- Historic Preservation Law,
- Historic Tax Credits,
- Rehabilitation,
- Conservation Restrictions,
- Section 106,
- National Environmental Policy Act,
- Section 4(f),
- Local Regulation,
- Local Historic Districts,
- Cultural Property,
- Native American Resources
Publication Date
2012
Publisher
Foundation Press
Citation Information
Sara C Bronin and J Peter Byrne. Historic Preservation Law. (2012) Available at: http://works.bepress.com/bronin/13/