Monday, April 19, 2010

Historic Preservation and Takings

My property class did Penn Central late last week.  With impeccable timing, the St. Petersburg Times ran a story this weekend about a somewhat similar lawsuit arising out of local historic preservation regulations.  The City of St. Petersburg has designated the Hotel Detroit, built in the late 1880s, as an historic property.  According to the owners of the building, which is now used to house condominiums, the designation effectively thwarts their plans to demolish the structure and build a new high-rise in its place.  As this story shows, more than 30 years later, the debates in Penn Central remain alive and well.

Mike Kent

P.S.  Thanks to Stetson law student Megan Robison for bringing the case to my attention.

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Penn Central debates continue because the Penn Central case was a non-decision that decided nothing -- the court couldn't or wouldn't even spell out the elements of a cause of action in inverse condemnation. For a detailed autopsy of Penn Central read Making Laws and Sausages: A Quarter-Century Retrospective on Penn Central Transportation Co. v. City of New York, 13 Wm. & Mary Bill Rts. J. 653 (2005).

Posted by: Maven3 | Apr 26, 2010 8:01:53 AM

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