ABSTRACT

This section addresses cultural property actions brought in state and local courts, arising from state law and local ordinances, and actions brought in federal courts, arising from state and private entities’ compliance with federal law. Specifically, cases in this section discuss the applicability of the National Historic Preservation Act and the Religious Land Use and Institutionalized Persons Act, and the consideration given to historic properties under the Americans with Disabilities Act. A case brought under the Equal Protection Clause briefly touches on the imposition of cultural surveys as representing part of the alleged animus. The development of National Heritage Areas and a new state tax law offering greater incentives for historic preservation will also be reviewed.