ABSTRACT
The city council adopts interim regulations requiring a review of demolition permits for all structures old in several specifically defined neighborhoods in which historic surveys are, or are about to be, underway. The interim regulation requiring a review of demolition permits raises a taking problem under the Just Compensation Clause. The interim regulation advances the city's interest in historic preservation because it prevents the destruction of buildings that may be historically significant in areas considered likely candidates for designation as an historic district. The interim regulation advances this purpose because it maintains the character of potential historic districts until necessary studies are completed and a designation made. The owner of an historic structure could also claim that the interim regulation violates Substantive Due Process. A number of features in the ordinance help protect it against a taking of property claim.
