News & Analysis as of

Historic Preservation

Yonkers Wins Below: Appeal Pending

The Islamic Community Center for Mid Westchester (“ICCMW”) has appealed the decision of the Southern District of New York that held ICCMW’s claims were not yet ripe for review and ICCMW did not have the right to supplement...more

The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural Resources Investigations for Natural Gas...

by Hogan Lovells on

The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more

Awaiting a monumental decision by the President

by Hogan Lovells on

As expected, Secretary of the Interior Ryan Zinke on Thursday delivered his draft report to the President regarding the fate of certain national monuments, as directed by Executive Order No. 13792. Specifically, the President...more

Historical Significance Had Little Heft on the Scale of Progress in Booming Malden

by PretiFlaherty on

The First Church in Malden, Congregational, a once-cherished emblem of the history of Malden, Massachusetts, was wiped out a few weeks ago for the sake of a new downtown development. The site of the church was contiguous...more

A 6 Step Guide to Tribal Consultation Under CEQA

The California Governor’s Office of Planning and Research recently issued a technical advisory aimed at providing guidelines for consultation with Native American tribes under the California Environmental Quality Act (CEQA),...more

2017 Legislative Update: New Laws Impacting Commercial Real Estate Clients

by Sands Anderson PC on

On July 1, 2017, new laws passed during the 2017 General Assembly session will go into effect in Virginia that may impact you as someone interested in commercial real estate. They run the gamut of issues touching on the real...more

Alabama Historic Rehabilitation Tax Credit Reinstated through 2022

The original Alabama Historic Tax Credit (“HTC”) program was successful in stimulating the redevelopment of aging properties across Alabama, and was particularly recognized for its role in the revitalization of downtown...more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

by Ballard Spahr LLP on

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP...more

Virginia Historic Rehabilitation Tax Credits: a Legislative Update

by Williams Mullen on

The Virginia Historic Rehabilitation Tax Credit (“HRTC”) Program (Virginia Code § 58.1-339.2) has been a significant factor in the preservation of historic properties and the revitalization of urban centers across the...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

by Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

West Coast Real Estate Update: January 2017

by Holland & Knight LLP on

Proposed Landmark Rules Could Make LA Redevelopment More Difficult - Los Angeles City Council Member Jose Huizar has proposed a new set of rules that could make it more difficult for owners of historic properties in Los...more

Climate change and Katahdin Woods and Waters National Monument

by PretiFlaherty on

President Obama has established the Katahdin Woods and Waters National Monument in Maine. His presidential proclamation establishing the monument under federal law cites climate change in two ways: both as an object of study...more

Massachusetts Church Alleges Solar Panel Denial Violates Religious Freedom

A Massachusetts Superior Court is soon to consider the interplay of three important planning principles – historic preservation, sustainable development, and freedom of religion. A Unitarian Universalist church is suing the...more

“Freezing” of construction/reconstruction around “unprotected” “free-standing” monuments

by Dentons on

The new protection zones around monuments are intended for the temporary protection of monuments for which preservation zones have not yet been established and which are not situated in the preservation zone of another...more

Ohio Historic Preservation Tax Credit Program Testimony at Hearing Demonstrates Strong Support and Highlights Effectiveness

by BakerHostetler on

On April 28, 2016, the Ohio 2020 Tax Policy Study Commission (the “Commission”) held a public hearing on the future of the Ohio historic preservation tax credit (the “OH HTC”). As you may recall, the Ohio biennial budget bill...more

Oakley to Condemn Century-Old Building for Street Widening Project

by Nossaman LLP on

As cities become more dense and urbanized, it is common for infrastructure to get outdated or insufficient to handle increased demand. We see this with roads, highways, schools, and even utilities. When new infrastructure...more

The Ready-Made Suit of Standing

Chief Superior Court Judge James H. Pou Bailey informed lawyers - “Justice under the law is like buying a suit off the rack. It doesn’t fit anybody perfectly, but it fits a lot of people fairly well.” Sometimes, an...more

Assisting with Adaptive Reuse

by Murtha Cullina on

Over the past 40 years, Boston-based WinnDevelopment has turned to a trusted partner in its legal counsel, Murtha Cullina LLP. In the last decade alone, the partnership has resulted in nearly 30 successful adaptive reuse...more

Aesthetics and Land Use Regulations

Perhaps disappointing to those who enjoy debating architecture, the North Carolina Court of Appeals affirmed dismissal of a challenge to a historic district commission’s approval of a house located across the street from the...more

Gavel to Gavel: State tax credits needed

by McAfee & Taft on

Drive through any downtown in Oklahoma, and you’re bound to see one. A remnant from the community’s history, now boarded up or perhaps just not being used to its full potential. The bones are still there. You can see them,...more

Katherine Craig Files VARA Claim over Illuminated Mural—“Recognized Stature” and Terms of Agreement Will be Critical

by Sullivan & Worcester on

Last year we bemoaned a lost opportunity when a preliminary over a mural on the Prado Dam in California was decided under what seemed to us to be a misunderstanding of the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A...more

Overriding Interest - Winter 2015

by K&L Gates LLP on

What Price Heritage? In April this year English Heritage split into two organisations. English Heritage, now a self funding charity, assumed responsibility for the national collection of over 400 historic properties. The...more

LEED Gold Rating Not Enough to Save Building’s Zoning Variance

by Baker Donelson on

A New Jersey court recently reversed a variance issued by a zoning board to a building designed to achieve LEED Gold certification. The owner of the planned office building sought and obtained site plan approval and a height...more

What Price Heritage?

by K&L Gates LLP on

English Heritage split into 2 organisations in April this year. English Heritage, now a self funding charity, assumed responsibility for the national collection of over 400 historic properties. The regulatory role of planning...more

North Carolina General Assembly Week in Review

by McGuireWoods LLP on

With the budget finalized and signed by the Governor last Friday, the General Assembly has turned its attention to adjournment. On Wednesday, the Senate Rules Chairman, Sen. Tom Apodaca (R-Henderson) introduced Senate Joint...more

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