Also known as: historic preservation law · historic-preservation laws · historic preservation · preservation law
Written by attorneys · grounded in primary & secondary sources — see below
A regulatory ordinance prohibiting the demolition or exterior alteration of historic buildings or of all buildings in a historic district. The ordinance advances a legitimate public purpose in preserving cultural heritage while leaving the owner with economically viable uses of the property.
Hope Howard purchased an aging apartment complex with plans for luxury redevelopment based on informal zoning discussions. The city expanded a historic district to include the complex and barred demolition or major exterior changes. Hope Howard can still rent all units at a profit though below projected returns. The designation survives a takings challenge because it serves a valid preservation goal and leaves reasonable economic use intact.
Hakim Hall bought wooded land intending to build research facilities. The city then imposed historic-preservation rules that forbid all tree removal and construction to protect a designated historic woodland. The land now has no viable economic or institutional purpose. The ordinance effects a taking because it eliminates every beneficial use of the parcel.
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Hector Huerta sought to maintain a historic cemetery site for tribal ceremonies. The state applied historic-preservation rules that closed the area to all visitors to protect cultural resources. The rules blocked the group's religious practices without physical invasion of the land. The preservation law raised questions about whether government could restrict access on public land for cultural-protection reasons.
Hana Huang challenged a city decision to keep a historic monument in a public square. The monument had stood for decades as part of a preservation program. The display was challenged as an improper government endorsement. The preservation law was upheld because the monument's long presence reflected historical rather than religious purpose.
Hakeem Harris objected to a large cross maintained by the city as a war memorial. The cross had stood for nearly a century under a historic-preservation designation. The city argued the display honored veterans rather than promoted religion. The preservation law allowed retention because the monument's age and context gave it secular historical meaning.
Hassan Hakim owned coal rights beneath a historic district. State preservation rules required leaving pillars of coal in place to prevent surface damage to landmarks. The rules reduced the amount of coal that could be extracted. The preservation law was sustained because it served a legitimate public interest without destroying the owner's overall economic position.
No. Regulations that reduce property value or block the most profitable use are not takings when they leave economically viable uses. Courts apply a multi-factor test weighing economic impact, interference with investment-backed expectations, and the character of the action including historic preservation.
A per se taking occurs only when the regulation denies all economically beneficial or productive use of the land. If the owner retains any viable use such as continued rental operations or existing business activity, the multi-factor balancing test applies instead.
Expectations must be distinct and objectively reasonable. Informal zoning discussions or plans for more profitable redevelopment receive less weight than long-standing lawful uses. Continued ability to operate the property profitably under the preservation rules weighs against finding a taking.
…achieved by a shorter cut than the constitutional way of paying for the change. Footnotes [^maj-1]: See National Trust for Historic Preservation, A Guide to State Historic Preservation Programs (1976); National Trust for Historic Preservation, Directory of Landmark and Historic District Commissions (1976). In addition to these state…