Beyond the Taking Issue: Emerging Procedural Due Process Issues in Local Landmark Preservation Programs
Taking, Historic, Landmark, Preservation, Property
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 should adopt procedural safeguards which will protect landowners while ensuring that the public benefits obtained through landmark preservation programs is not jeopardized.
Samuel A. Turvey,
Beyond the Taking Issue: Emerging Procedural Due Process Issues in Local Landmark Preservation Programs,
10 Fordham Urb. L.J. 441
Available at: https://ir.lawnet.fordham.edu/ulj/vol10/iss3/3