From Penn Central to United Artists' I & II: the rise to immunity of historic preservation designation from successful takings challenges
Article Abstract:
Historic preservation designations have been given immunity from constitutional challenge as takings. The 1978 U.S. Supreme Court decision in Penn Central Transportation Co. v. New York City established that historic preservation constitutes a legitimate public purpose. Subsequent case law, including the Pennsylvania Supreme Court's 1993 reversal of its previous decision in United Artists' Theater Circuit, Inc. v. City of Philadelphia, has demonstrated that property owners who wish to contest a historic designation are faced with an inherently biased standard in favor of historic preservation.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1995
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Beyond law and economics: theological ethics and the regulatory takings debate
Article Abstract:
Applying theological ethics to the regulatory takings legislation before the US Congress shows that behind such legislation is an absolutist property claim which threatens the common good on which federal environmental protection is based. The takings bill opposes the tenets of Catholic social teaching, which states that social justice gives the state unlimited power to regulate common goods like the environment. Such power would at times conflict with personal rights.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1996
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Protection of the built environment: a Washington D.C. case study in historic preservation
Article Abstract:
The preservation of historic structures in the US requires cooperation on the local, state and federal levels because of interlocking regulation. The preservation of the Willard Hotel on Pennsylvania Ave in Washington DC is an example of such cooperation. The laws governing historic building preservation on all levels in the Washington D.C. area are surveyed.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1992
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