Annotated bibliography of readings in historic preservation law

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Title:
Annotated bibliography of readings in historic preservation law
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14p.
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English
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Cangelosi, Robert
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Robert Cangelosi
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Gainesville, FL
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AFA HP document 537

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University of Florida
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University of Florida
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AN ANNOTATED BIBLIOGRAPHY OF READINGS

IN HISTORIC PRESERVATION AND THE LAW


































ROBERT CANGELOSI

AE 621





SHOULD "EASEMENTS BE USED TO PROTECT NATIONAL HISTORIC LANDMARKS?
BY RUSSELL L. BRENNEMAN
This study in attempting to resolve the question of whether or not
to use easements, formulates the conclusion that easements should be
used as a tool for preservation. Guidelines for selection, admin-
istration, and purchase of easements were numerated. In formulating
this recommendation the various aspects of easements were investigated
These aspects included; the landmarks program, experience with ease-
ments, the law and easements, the rights and obligations of the par-
ties concerned,,tax aspects, attitudes towards easements, and the
question of can easements control what happens to property.
The study is a comprensive one investigating the advantages,
disavantages, limitations and possibilities of easements. Apparently,
this is only the first volume in a series, which from the references
to the remaining volumes, seems to examine the subject further. If
this is 'the case the entire set would be invaluable tool for any
preservationist.



LAW AND TAXATION BY THE CONSERVATION FOUNDATION
The focus of the booklet is on conservation corporations
and attempts to help these organizations assess their structural
composition and tax status. The Tax Reform Act of 1969 is briefly
investigated and its pertinent applications to conservation
corporations are illustrated.



HISTORIC PRESERVATION IN INNER CITY AREAS BY ARTHUR P. ZIEGLER,JR.
The manual is a clear, concise study of preservation tech-
niques for older neighborhoods. It explains how to program a plan
of action from the conception to the execution, touching on such
matters as;why preservation, the basic steps of preservation, zoning
easements, covenants, revolving funds and community support. All
pertinent legal aspects are converted in the study. However the great-
est contribution of this manual to preservation law is its explan-
ation of financing under the various public laws, such as the Tax
Reform Act of 1969, the Housing and Community Act of 1974 and FHA
Home Ownership Assistance.







HISTORIC PRESERVATION LAW, ITS IMPACT IN FLORIDA BY TITA BLISS
This report is a good, concise summary of preservation law,
in general, and more specifically, how it applies to Florida. In-
cluded are brief summaries of; the history of preservation at the
federal, state, and private levels, eminent domain, aesthetic and
historic zoning, easements, tax incentives, anti neglect ordin-
ances and opposition to preservation legislation. Examined also are
Florida's state program and Historic preservation boards of trustees.
Perhaps the best part of the report is the footnotes, which in
itself is a valuable tool for reference. It is very informative and
well documented.




LANDMARK PRESERVATION BY JOHN S. PYKE
"This pamphlet is a primer on the subject of landmark pre-
servation. It explains the importance of saving landmarks, traces
the growth of the landmarks preservation and sets forth the ele-
ments of an effective community preservation program. It also
discusses New York City's Landmarks Preservation Commission and
the law under which it operates as an example of what can be
done on the municipal level to rescue landmarks from needless
defacement or destruction and to preserve the character and
charm of historic districts* The aim of the pamphlet is to
persuade concerned citizens that landmark-structures from the
past can and must be saved for the sake of the future."



GROWTH MANAGEMENT PROGRAM BY WALLACE, MC HARG, ROBERTS AND TODD
One aspect of this report deals with the preservation of
New Orleans' central business district within, the context of
urban planning. The plan proposes realistic economic avenues
for preservation in areas of intense land development. One
very practical tool explored was the creation of a special CBD
tax district whose revenue would be used to buy facade easements
or equitable servitudes.




NOTRE DAME LAWYER vol. 44 no. 3 Feb., 1969. "LAND USE CONTROLS IN
HISTORIC AREAS" BY THOMAS J. REED.
These "notes" investigate the basis for historic preservation
law, how these laws can be applied and how they are applied. Such
basic concepts as police power, public welfare and eminent domain
are discussed as they apply to historic preservation. Although
the majority of the discussion deals with historic districting,
the concepts of restrictive easements and convenants, retained
and terminable interest and condominium ownership are investigated
as they pertain to preservation. The notes are a very good preliminary
resource for understanding the very basic aspects of preservation law.
The appendix is also very good, containing many typical examples
of preservation laws.



HISTORIC PRESERVATION TOMORROW
Contained within this work are several portions which pertain to
the legal aspects of preservation. In particular, section one discusses
the federal role in preservation and its legislation. Section three
contains a discussion of the implications of the Supreme Court's
1954 decision that "cities have the right to be beautiful".The infor-
mation provided is very limited, however the selected bibliography
under legislation, provides many references.



WITH HERITAGE SO RICH
This report of a Special Committee on Historic Preservation
under the auspices of the United States Conference of Mayors,is
primarily a history and analysis of the preservation effort in the
United States and in Europe.There are however several parts related
to law. First of all,there is the repeated plea for preservation
legislation;second,the 1954 Supreme Court ruling on the cities'
right to beautiful is extensively discussed, third, a history of
preservation legislation is presented through discussion of historic
districts, the National Park Service, the National Trust and
individual preservation efforts. Finally at the conclusion there is
a summary of the committee's findings and recommendations for
federal state and local legislation. The result of this report
was the enactment of the National Historic Preservation Act of 1966.









NEW ORLEANS HOUSING AND NEIGHBORHOOD PRESERVATION STUDY BY
CURTIS AND DAVIS.
This extensive study, as the title implies deals with the
various aspects of preserving areas, buildings, houses and neigh-
borhoods in New Orleans. Investigated were federal, state, and
local legislation providing such legal tools as zoning, historic
districting, landmarks commissions, facade easements, air rights
transfers, building and housing codes, demolition ordinances,
tax incentives, revolving funds and interim controls. In addition
existing federal, state, and local historic preservation and housing
programs were explored.
Two important aspects covered in the study were 1) Louisiana's
Napoleonic code's influence on Preservation law and 2) the concept
of Urban Conservation Zoning. The later aspect has some interesting
possibilities,but as proposed would be very difficult to administer
and implement.



OUR PAST...OUR FUTURE. FLORIDA'S COMPREHENSIVE HISTORIC PRESERVATION
PLAN
Florida's preservation plan provides useful information,
suggestions and guidelines for the preservation of its heritage
and does not by any means pretend to provide all the answers. The
format, scope and content of the plan, for the most part,follows
the guidelines established by the Office of Archaeology and Historic
Preservation. In following those guidelines, the plan includesin
Part 1,a brief historical background, a preservation philosophy, a
discussion of previous preservation efforts,a summary on historic
preservation on the national level, the major problems confronting
preservation in Florida, Florida's relation to other state's programs,
and the role of the citizen in historic preservation. Part 2 is a
inventory of the state cultural resources while Part 3 is an
annual report on the statuS-of the historic preservation program.







HISTORIC PRESERVATION LAW BY JACOB H. MORRISON
This book is a history and analysis of preservation legislation,
codes and ordinances on the national, state, county, and city levels.
Contained are many key court cases pertaining to preservation, The
resulting decisions and arguments against the lawsare given. The
appendices contains three helpful portions; 1) A list of law review
articles and texts, 2) contributions of architects and 3) a digest
of laws, statutes and ordinances pertaining to the various states.
The book unfortunately, is very out dated and should be updated.



GUIDELINES FOR STATE HISTORIC PRESERVATION LEGISLATION
These guidelines are geared to promote a high and uniform
standard for local legislation.pertaining to preservation. Proposed
on the state level, is the'6reation of a State Historic Preservation
Agency, whose fundamental responsibility is the total scope of
preservation efforts. Assuming the role of coordinating the government
agencies that affect historic properties would be the State Advisory
Council, patterned after the Federal Advisory Council. Finally,
similar to the National Trust for Historic Preservation is proposed
a State Historical Trust, tolstimulate and coordinate historic:
preservation activity within the private sector.
At a smaller scale, the guidelines set forth suggested.~enabling
provisions to authorize local governments to undertake a compre-
hensive preservation program. Other sections provide suggested legis-
lation to protect and regulate the development of archeological
resources and underwater historic properties. The final section,
incorporating the substance of Executive Order 11593, proposes pro-
cedures to guide State agencies in the conduct of their activities so
that the objectives of historic preservation are best served. An annex
is included setting forth suggestions for tax incentives for private
preservation activities.


GOALS AND PROGRAMS
This is a summary of a study committee's report to the Board
of Trustees of The National Trust for Historic Preservation. Con-






trained within the report is a perspective on the role of the National
Trust and recommendations for the Trust's role in; 1) preserving
and managing historic properties, 2) preservation education, 3) ser-
vices to preservationists, 4)communications programs, 5) leading,
financing and managing the National Trust, and finally 6) new com-
mitments for the National Trust.
The study is good for explaining the total scope of the National
Trust for Historic Preservation.



THE USE OF EASEMENTS FOR HISTORIC PRESERVATION BY GEORGE C. FREEMAN
George Freeman's paper presents an excellent general background
on the nature ff p.sements, emphasing their legal characteristics and
attendant tax considerations. More specifically, the paper considers;
1) easements as an alternative to fee acquisition, 2) substantive
provisions of preservation easements, 3) tax consequences, and 4) a
look into the future of easements.



ADVANTAGES OF FACADE EASEMENTS BY HENRY R. LORD
This short article explores the successful usage of facade
easements in Annapolis, Maryland.



A DISCUSSION OF HISTORIC DISTRICTS LEGISLATION BY HARRY E. WHITE
This well documented study of historic districts investigates
the various methods of preserving historic properties. Legal tools
such as police power, zoning, eminent domain and nonzoning uses of
police powers such as, design and demolition control, anti neglect
ordinances are investigated. Numerous examples are given and the
footnotes provide a good reference source.



CONSERVATION OF HISTORICAL BUILDINGS AND AREAS--LEGAL TECHNIQUES
BY ALBERT B. WOLFE
This study traces the history of the preservation movement, the
Society for the Preservation of New England Antiquities, Colonial






Williamsburg, federal legislation, historic districting, and other
preservation topics. In covering such a wide variety of topics, the
study is very general and is of very little dedinitiv +se. The
study has neither footnotes or a bibliography.



WAKE FOREST LAW REVIEW vol. 7 MARCH. 1971 no.2 "AESTHETIC ZONING
AND PROPERTY VALUES" BY RUTHERFORD TURNBULL
In examining aesthetic zoning, the issues and implications of
historic districts are examined and the most importantly the
court cases challenging these districts are investigated. Consider-
ation is also given to aesthetic zoning for non historic areas and
aesthetic zoning not based on economic objectives. The study points
out that using non economic bases leads to court battles, resulting
in rulings against the zoning.



FACT SHEETS PREPARED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION:
PRESERVATION IN YOUR TOWN THE LEGAL FRAMEWORK BY MICHAEL F. WIEDL III
This paper was delivered at the 27th annual meeting of the
National Trust deals very generally with historic districting, zonlifng
landmark commissions and facade easements.


HISTORIC BUILDING CRITERIA
This paper compares historic district ordinances and statutes
with landmark ordinances, illustrating the fact that districts do
not have criteria for identifying structures to be designated as
of value, rather they contain facts to be considered where as, land-
marks set forth criteria. Several examples of both are cited.


STATE HISTORIC PRESERVATION TAX STATUTES
This is a list of state laws pertaining to taxation and
preservation. These laws include credit against property tax, exemp-
tion from real property tax, assessment of real property on basis
of actual use rather than potential use, abatement of real property
tax and finally assessment of real property to reflect incumberence
of easement.






















RECENT HISTORIC PRESERVATION LAW DEVELOPMENTS
Just as the title implies this paper deals with recent
court rulings affecting preservation law.


HISTORIC PRESERVATION TAX BILLS PENDING BEFORE CONGRESS
Merely a list of bills presently before Congress.


HISTORIC DISTRICT ORDINANCES-- LANDMARK COMMISSION ORDINANCES
This is a brief explanation of the provisions and similarity
of the typical historic districts and landmarks legislation.



"NOTES AND BIBLIOGRAPHY FROM MR. BROWN'S COURSE IN PRESERVATION LAW"
This is an excellent reference.







FEDERAL LEGISLATION
THE ANTIQUITIES ACT OF 1906
This act empowered the President to designate by proclimation
various monuments of historic:or scientific interest on federal
property. The Act also govered exacavation on sites of archaeligical
significance, providing for the granting of permits to certain
scientific and educational institutions by the Secretaries of the
Army, Agriculture, and the Interior. Excavations without the approval
of the appropriate Secretary could subject violators to a criminal
penalty of $500 fine or 90 days imprisonment.



THE NATIONAL PARK SERVICE ACT OF 1916
The acts objective was to establish the National Park Service.
A later enactment created under the jurisdiction of the Parks
Service an 11 member Advisory Board on National Parks, Historic Sites,
Buildings, and Monuments(precursor of 17 member Advisory council
on Historis Preservation, created by the National Historic Preser-
vation Act of 1966 to assist'the National Trust for Historic Pres-
ervation). An Act of Congress of July 19, 1955, P.L.no. 127, enacted
further legislation to "help the National Park Service facilitate
management of its museum properties and provide more effective
public service."



THE HISTORIC SITES ACT OF 1935
Promulgated by this act was a"national policy to preserve for
the public use historic sites, buildings and objects of national
significance for the inspiration and benefit of the people of the
United States." The Act further provided for the Secretary of the
Interior to survey historic and archaeological sites and to acquire,
restore, maintain, and manage them. Otker than its authorization
for acquisition of properties by the Secretary of the Interior, the
Act contained little potential for protection of privately owned
properties.





NATIONAL ENVIRONMENTAL ACT OF 1969
Although its principal application has been to natural ecology,
NEPA has relevance as well) to the urban environment. The Act clearly
establishes historic preservation as a strong national policy,
directing agencies of the federal government to so conduct themselves
as to "assure for all Americans... aesthetically and culturally
pleasing surroundings" and to "preserve important historical, cultural
and natural aspects of our national heritage.



THE DEPARTMENT OF TRANSPORTATION ACT
This act declares a Congressional policy "that special effort
should be made to preserve.., historic sites," directing the Sec-
retary of Transportation to cooperate with the Secretary of HUD and
the Interior and with the states to preserve the natural beauty of
the countryside, public park and recreation lands of the country, as
well.Section 4f of the Act prohibits approval by the Secretary of
Transportation of "any program or project which requires the use of
... any land from an historic site of national, state or local sig-'
nificance...unlessl, there is no feasible and prudent alternative to
the use of such land, and 2, such program includes all possible
planningto minimize harm to such...historic sit resulting from
such use."
The DOT Act of 1966 not only applies to federal aid to high-
ways, but also activities of the Federal Aviation Administration,
the Coast Guard, the Urban Mass Transportation Administration, and
the Federal Railroad Administration. Applications from the states
to DOT for federal aid can not be considered until the Department
has met the terms of the Intergovernmental Cooperation Act of 1968



Federal Aid Highway Act of 1968
This act imposes requirements for pulbic hearings on state
highway departments, in order that problems of environmental damage
may be identified as early as possible. A environmental impact
statement must be available to the public at least 15 days prior to
any public hearing. This act was later admended by the Federal Aid
Highway Act of 1970.







Two federal statues enable the government to transfer nationally
owned properties to the states and their subdivisions for preservation
purposes. Under Surplus Property Act of 1944, as amended, the G.S.A.
has responsibility for the disposition of surplus government realty.
Transfers of property, including improvements and equipment on the
property, may be made to states, municipalities, and their subdi-
visions for use as a "historic monument for the benefit of the public'
Only such properties as are of historical significance relating to
events more than 50 years in the past may be transferred. The trans-
fer is accomplished with the approval of the G.S.A. and is for no
monetary consideration. The accepting tody promises to use and
maintain the property for the purpose for which it was transferred
for at least 20 years. Under amendments to the Recreation Act of
1926, the Secretary of the Interior has the authority to convey or
lease land for historic monument purposes both to states or their
public subdivisions and to private nonprofit organizations. The
public conveyances are made at prices set through appraisals.



National Historic Preservation Act of 1966
The landmark legislation for preservation was this act of
October 25, 1966, which provided great potential for the protection
of historically significant properties-- both public and private.
The Act has three basic thrusts: it injects a public voice into
the planning process; it affords preservation some funding aid; and
it elevates the nation's cultural ecology to the same status as the
natural environment. The Act forces consideration of preservation into
the planning process and also establishes preservationist influence
at the Cabinet level.
Title I of the Act directs the Secretary of the Interior to
maintain a National Register of districts, sites, buildings, struc-
tures, and objects significant in American history, architecture,
archaeology, and culture. Title 2 establishes the Advisory Council on
Historic Preservation. Title 3 authorizes a variety of funding
possibilities for preservation.









DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966
This act amends the Housing Act of 1961 to expand HUD's par-
ticipation in the preservation of historic structures and sites. It
authorizes funding for the purchase and restoration of historic
properties. The Secretary of HUD is directed to encourage states and
local public bidies to enhance neighborhoods by maintaining
natural and historic sites and distinctive characteristics. Most
important to preservation are sections 220h, 235 236 and312.



THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
This law consolidates several existing categorical programs
for community development into a new single program of community
development block grants.Provided for in the law is the provision
for the expenditure of money for the acquisition of housing, reha-
bilation of housing, facade easement programs, neighborhood develop-
ment funds, and subsididies for development purposes. However there
is no direct mandate that the funds be used for preservation only the
provision .



SUMMARY OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974.

This publication by HUD helps to explain and interpret the new
law.



GRANTS FOR HISTORIC PRESERVATION A GUIDE FOR STATE PARTICIPATION
This publication is a detailed manual for enacting programs
and provisions under Public Law 89-655. It explains National
Register, the forms and procedures for nomination, the different
kinds of financial aid available, and many aspects of state parti -
cipation.






STATE LAWS


LOUISIANA ACT 147 OF THE 1970 SESSION
This enabling legislation provides the legal tool for the
creation of historic districts. Cities, having a smaller population
than 400,000 are limited to only one district.


MASSACHUSETTS ACTS, 1971 CHAPTER 3$59
This is massachusetts enabling legislation for the creation of
historic districts. The law establishes the guidelines for the
operation of the district.


MASSACHUSETTS ACTS,1955 CHAPTER 601
An act establishing an historic district commission for the
town of Nantucket and establishes the powers and duties of that
commission.


CITY ORDINANCES
The following ordinances are all similar in concept
and are good examples of typical historic districting ordinances.
Each law provides for the establishment of a historic district,
declares the purposes and intensions of the district, creates a
board of review, defines the obligations and duties of the board,
requires the issuance of certificates of appropriateness for
apy change and defines the rights of appeal.


NEW ORLEANS CITY ORDINANCE NO. 14538 CCS AS AMENDED creates the
Vieux Carre Historic District.


CITY OF CHARLESTON ZONING ORDINANCE ARTICLE III Creates the Old
And Historic Charleston Districts.


THE CODE OF THE CITY OF ALEXANDRIA, VIRGINIA 1963 ARTICLE XIV
CreateB the Old and Historic Alexandria District.


RULES OF PROCEDURE, ZONING BOARD OF ADJUSTMENT CHAPEL HILL N.C.
















PRELIMINARY DRAFT OF LEGISLATION FOR JACKSON SQUARE HISTORIC DISTRICT
is proposed legislation for a historic district in San Francisco,Cal.





CITY OF CLEVELAND SECTIONS 1.4001 TO 1.4009 of CHAPTER 40 OF THE
CODEFIED ORDINANCES Creates for the city of Cleveland a landmarks
commission and defines the frame work of that commission.


LOCAL LAWS OF THE CITY OF NEW YORK FOR THE YEAR 1965 NO. 46
CITY OF SAN FRANCISCO AMENDMENT 10, PART II, CHAPTER II
Both of these laws create legislation .necessary for the
the implementation of historic districts and landmark commissions.
All of the information necessary for the operation of these legal
tools are given.




DEEDS OF EASEMENTS
Two easements were investigated; one between the Public Library
Association of Annapolis and Anne Arundel County, Inc. and The National
Trust for Historic Preservation and the other is a blank easement
surrendered to Historic Annapolis.