Also known as:landmark preservations · historic preservation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
A land-use regulation that protects individual structures of historical or cultural significance by prohibiting demolition or alteration without prior approval from a designated authority. Such regulations are evaluated under a multi-factor test in regulatory takings claims and are generally upheld when they advance legitimate public interests while leaving the owner with economically viable uses of the property.
2
A voluntary servitude that imposes ongoing maintenance and non-alteration obligations on a historic structure to preserve its exterior appearance. Modern servitudes law validates creation and enforcement of such servitudes held in gross by governmental bodies or charitable land trusts without regard to older common-law restrictions on benefits in gross.
Each sense below has its own examples, sources, and questions.
Sense 1
1
Sense 1
A land-use regulation that protects individual structures of historical or cultural significance by prohibiting demolition or alteration without prior approval from a designated authority. Such regulations are evaluated under a multi-factor test in regulatory takings claims and are generally upheld when they advance legitimate public interests while leaving the owner with economically viable uses of the property.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Examples1
Garage Landmark Designation
Legacy Motors owns a historic multi-story garage in a city's downtown district along with air rights for vertical expansion. After the company prepares architectural plans, the city preservation commission designates the garage a landmark and denies any addition above the existing structure. Legacy Motors continues operating the garage and ground-floor showroom at a steady profit. The designation advances a legitimate public purpose and leaves the owner with reasonable beneficial use, so it does not effect a compensable taking.
Frequently Asked3
Does a landmark preservation ordinance that blocks an owner's preferred redevelopment plan constitute a compensable taking?+
No. Regulatory takings claims are evaluated under a multi-factor balancing test that considers the economic impact on the owner, the extent of interference with reasonable investment-backed expectations, and the character of the governmental action. Landmark preservation advances a legitimate public purpose and is generally upheld when the owner retains economically viable use of the property, even if the most profitable use is prohibited and value is reduced.
Supporting sources
What test determines whether landmark preservation restrictions effect a taking?+
Courts apply the Penn Central multi-factor test. The inquiry weighs the economic impact of the regulation, the degree of interference with distinct investment-backed expectations, and the character of the government action, including whether the measure serves historic preservation goals. Regulations that leave the owner with reasonable beneficial use are not compensable takings.
Sense 2
2
Sense 2
A voluntary servitude that imposes ongoing maintenance and non-alteration obligations on a historic structure to preserve its exterior appearance. Modern servitudes law validates creation and enforcement of such servitudes held in gross by governmental bodies or charitable land trusts without regard to older common-law restrictions on benefits in gross.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
Restatements
Examples1
Facade Preservation Servitude
Lotus Pharmaceuticals owns a historic research facility and grants a facade preservation servitude to a charitable land trust whose purposes include historic preservation. The servitude requires maintenance of the exterior in good repair and prohibits alterations that would change its historic appearance. The benefit is held in gross by the trust rather than attached to a dominant parcel. Modern servitudes law validates the creation and enforcement of the servitude without regard to older common-law restrictions on benefits in gross.
Frequently Asked1
How do modern servitudes doctrines affect the validity of preservation servitudes?+
Traditional rules against equitable enforcement of restrictive-covenant benefits held in gross created obstacles for conservation and preservation servitudes granted to governmental bodies or land trusts. Current law, including the Restatement and state statutes modeled on the Uniform Conservation Easement Act, validates such servitudes without regard to those common-law restrictions.
Can a total prohibition on all development under a landmark or conservation designation constitute a taking?+
Yes. When a regulation denies an owner all economically beneficial or productive use of the land, it is treated as a per se taking requiring just compensation unless background principles of state property or nuisance law already prohibited the use.
Supporting sources
Constitutional LawThe nature of judicial review · Judicial review in operationUBEFoundational