Law for Preservationists

Historic Preservation

Fall 2012

Anthony C. Wood + Daniel Schnackenberg, instructors

This course was designed to provide students with answers to the ten questions all preservationists need to know about the law:

1. Where does government get the authority to regulate private property for preservation purposes?
2. What are the appropriate limits to government regulation of private property?
3. From a legal perspective, what are historic resources?
4. What regulatory tools exist to protect historic resources from private actions?
5. What regulatory tools exist to protect historic resources from government actions?
6. What are special legal considerations regarding the protection of religiously owned properties?
7. What laws address the protection of other specific historic resources?
8. What legal tools encourage the voluntary protection of historic resources?
9. What other legal strategies can be employed to save historic resources?
10. What are the latest trends and developments in preservation law?

In the process of learning the answers to these questions, students developed an understanding of preservation law, its application, the legal system and the interface between preservationists and lawyers.