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.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.