Economic Hardship and Historic Preservation of Non-Profits: Balancing Individual Burden with Community Benefit
Faller, Christine, "Economic Hardship and Historic Preservation of Non-Profits: Balancing Individual Burden with Community Benefit" (2008). Georgetown Law Historic Preservation Papers Series. Paper 28.
This paper will examine how a number of jurisdictions treat the takings standard for non-profit organizations, and will suggest ways of clarifying and improving the law. Part I discusses Penn Central, which sets the high national standard to for takings claims. This section also discusses how local governments have incorporated that standard into historic preservation laws as economic hardship claims. Part II analyzes how some jurisdictions make a distinction between commercial and non-profit owners in takings claims, and what claimants must demonstrate to succeed in making a claim. Part III concludes by examining the competing rationales supporting and opposing the creation of a modified standard. It also proposes recommendations for future development in this field.
MetadataShow full item record
Showing items related by title, author, creator and subject.
Striking a Match in the Historic District: Opposition to Historic Preservation and Responsive Community Building Conde, Sarah N. (2007-04-30)In her 1981 Stanford Law Review article, Carol Rose articulated as a justification for the historic preservation "vogue" a community building rationale that transformed preservation from an end in itself to a means for ...
Connecting the Community to the Past: A Comprehensive Historic Preservation Plan for Guam, 2007-2011 Guam Department of Parks and Recreation. Historic Resources Division. State Historic Preservation Office. (2007)