Course Description
Analysis of significant national, state, and local preservation laws and ordinances, and the legal functions for these laws; major legal challenges past, current, and anticipated; and, a review of the positive and negative effects of the application of various legal measures on the historic environments they protect.
Additional Requirements for Graduate Students:
Graduate students will undertake a major research paper on a
landuse, preservation, or environmental law topic.
Athena Title
Preservation Law
Prerequisite
HIPR 4000/6000 or HIPR 4030/6030
Semester Course Offered
Offered fall
Grading System
A - F (Traditional)
Course Objectives
The purpose of this course is to provide the student with an understanding of the legal foundations of historic resource protection as well as the evolution and application of related case law. The specific objectives are to trace the evolution of historic preservation law: identify private and public techniques for land control: describe state and local protective measures; explore the constitutional basis for historic resource protection; provide an adequate vocabulary of related legal terminology. Knowledge: An understanding of the legal basis for preservation law as well as intent, practice and function at national, sate and local levels of government. An understanding of the evolution of preservation law in the US and the basis for legal challenges under the US constitution, especially in terms of procedural and substantive due process Skills: An ability to read and comprehend legal briefs, legislation and related writings An ablity to demonstrate understanding of legal issues and comparative analysis of legal and legislative writings An ability to evalute the review and compliance nature of federal level preservation activity under the National Histsoric Preservation Act of 1966 and other federal legislation Values: A sense of the need for sound legal system to support preservation activity in the United States A sense of the ways in which preservation can be opposed by persons or agencies and the reasons why laws are needed in a democratic society A sense of the need for sound legal basis at each level of government that mandates historic resource protection
Topical Outline
Lecture and Legal research and analysis and discussion of legal cases and briefs Week 1-15: Introducton to course: introduction to legal terminology; hierarchy of laws Tour of law library; basic legal research Police power of the state and development of the concept of zoning constitutional law Local preservation law regulation of charitable and religious properties Federal Framework (quiz) Tax considerations in historic preservations State preservation law; historic preservation law in Georgia; state register of historic places, state environmental protection act Private land sue controls for historic preservation: easement; restritive convenants; easement and conservation programs to protect scenic and natural resources Nuts & Bolts of working with private non-profit corporations International historic preservaton law Archaeology, DOT and historic resources Review Presentation of papers and final Exam
Syllabus