Course ReadingsBelow you will find all of the class readings for the semester. Please complete the assigned readings prior to the discussion session. If you have a problem with any of the links, please let me know.
Introduction and History of Historic Preservation Law
- Phelan, M. (1993). A Synopsis of the Laws Protecting Our Cultural Heritage. New England Law Review, Vol. 28.
- National Historic Preservation Act of 1966
- Regulations for Protection of Historic Properties
- Section 106 of the National Historic Preservation Act: Back to Basics (Summary Report)
- Section 106 Regulations Summary
- Horgan, D. (2011). Reconciling the Past with the Future: The Cape Wind Project and the National Historic Preservation Act
Environmental and Transportation Laws
- National Environmental Policy Act
- Coordinating the National Environmental Policy Act With Other Federal Environmental Laws Draft NEPA NHPA Handbook
- Federal Highway Administration Environmental Toolkit: Section 4(f): Section 4(f) Policy Paper *** You only need to read Part I
- Section 4(f) Tutorial
State Laws and Local Ordinances
- National Historic Preservation Act, Implementing Regulations (Sections 61.1, 61.4, 61.5, and 61.6)
- Massachusetts Constitution, Article L1:
Article LI. The preservation and maintenance of ancient landmarks and other property of historical or antiquarian interest is a public use, and the commonwealth and the cities and towns therein may, upon payment of just compensation, take such property or any interest therein under such regulations as the general court may prescribe.
- Alaska Constitution, Article VIII, Section 7
- Kentucky State Laws Re. Preservation and CRM (You may also want to take a look at the Kentucky Heritage Council’s page on Local Programs)
- National Conference of State Historic Preservation Officers webpage **Please take a look at the page of your state of choice to see the relevant preservation laws. Be prepared to discuss in class).
- Macgill, M. (1984). Local historic Preservation Measures as an Alternative to Federal Preservation Efforts. Virginia Journal of Natural Resources Law, Volume 3, No. 2 pp. 263-283.
American Indian Issues
- Native American Graves Protection and Repatriation Act
- National NAGPRA Documents ** Please take a few minutes to look through the information on this page
- American Indian Religious Freedom Act
- Lyng v. Northwest Indian Cemetery Protective Association, 485 U.S. 439 (1988).
- Executive Order 13007
- The Relationship Between Executive Order 13007 Regarding Indian Sacred Sites and Section 106, available at http://www.achp.gov/eo13007-106.html.
- Downer, A. & Roberts, A. (1996). The Navajo Experience with the Federal Historic Preservation Program. Natural Resources and the Environment (ABA), Volume 10, No. 3, pp. 39-42, 78-79.
- Iraola, R. (2004). Special Feature: A Primer On The Criminal Penalty Provisions Of The Native American Graves Protection And Repatriation Act. American Indian Law Review, Volume 26, pp. 431-445.
- Penn Central Transportation Company v.New York City, 438 U.S. 104 (1978).
- Idaho Historic Preservation Council, Inc. v. City Council of City of Boise, 8 P. 3d 646 (Id. 2000).
- Merril, T (2012). The Character of the Governmental Action, 36 Vermont Law Review 649.
- Cavarello, D. (1995). From Penn Central to United Artists’ I & II: The Rise to Immunity of Historic Preservation Designation from Successful Takings Challenges. Boston College Environmental Affairs Review, Volume 22, No. 3, pp. 593-622.
- U.S. Constitution: First Amendment
- Religious Land Use and Institutionalized Persons Act (RLUIPA)
- St. Bartholomew’s Church v. City of New York, 914 F.2d 348 (2d Cir. 1990).
- Weinstein, A. (March 2008). How to Avoid a “Holy War”—Dealing with Potential RLUIPA Claims. American Planning Association, Planning & Environmental Law, Volume 60, No. 3, pp. 3-9.
- Babcock, R & Theriaque, D. (1992). “Landmarks Preservation Ordinances: Are the Religion Clauses Violated by Their Application to Religious Properties?”, Journal of Land Use and Environmental Law, Vol. 7, No. 2 pp. 165-201. (Available via Hein Online)
- Wills, T. (1992). Religious Landmarks, Guidelines for Analysis: Free Exercise, Takings, and Least Restrictive Means. Ohio State Law Journal, Volume 53, No. 1, pp. 211-238. (Available via Hein Online)
Easements and Open Space Preservation
- Easements to Protect Historic Properties: A Useful Historic Preservation Tool with Potential Tax Benefits
- Land Trusts and Conservation Easements: Who Is Conserving What for Whom?
- Sample facade easement 1
- Sample facade easement 2
- Sample conservation easement 1
- Sample conservation easement 2