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Historic Properties
March 30, 2005 Full PDF
The March 30 edition of the New York Law Journal features an article written by Meredith Kane and Katharine McCormick entitled, "Historic Properties." The article discusses the difficulties involved in bringing a "hardship claim" under the New York City Landmarks Preservation Law. Meredith and Katherine point out that while the Landmarks Law provides broad regulatory protections for public and private properties which possess "special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation," it imposes particular burdens on the individual owners of designated historical properties. These owners are not guaranteed the ability to use their property for its highest and best use, but they have a right to a reasonable return, or the charitable use equivalent. Meredith and Katharine examine the statutory provisions for hardship, looking at both commercial (non-tax exempt) properties and charitable (tax exempt) properties. They note that the inability of some religious and charitable organizations to obtain relief through statutory procedures has led to litigation. The holdings in these cases are frequently fact-specific and have not attempted to articulate a comprehensive review procedure.