Published on October 9, 2007
Montana Preservation Commissioner Training, 2007-2008Part 2: What’s Our Preservation History?: Montana Preservation Commissioner Training, 2007-2008 Part 2: What’s Our Preservation History? Rolene Schliesman MT DSHPO & CLG Coordinator Handout: Handout For the text of this presentation, please turn to page 13 of the CLG Preservation Commissioner Training handout 1813, Old State House: 1813, Old State House Independence Hall, www.nps.gov/inde/visit.html 1858, Mount Vernon Ladies Association: 1858, Mount Vernon Ladies Association Mount Vernon Ladies Association, 20th Century American Architecture by Carter Wiseman www.mountvernon.org Ann Pamela Cummingham 1816 - 1875 1858, Greenward: 1858, Greenward www.centralpark.com Frederick Law Olmsted landscape architect 1822 - 1903 en.wikipedia.com www.centralpark.org 1872, Yellowstone National Park: 1872, Yellowstone National Park Upper Geyser Basin as seen from top of hill near Grotto Geyser; Photographer unknown; 1912 Aphrodite Terrace; Mammoth Hot Springs; Leslie Quinn; August 1982 1890, Trust of Reservations: 1890, Trust of Reservations Charles Eliot landscape architect 1859-1897 en.wikipedia.org/wiki.Charles_Eliot 1895, Scenic and Historic Places and Objects: 1895, Scenic and Historic Places and Objects Later the American Scenic and Historic Preservation Society Andrew Haskell Green civic leader 1820–1903 www.copyrightexpired.com/hawkins/nyc/ Benjamin_Waterhouse_Hawkins.html 1895, Columbian Exposition (Chicago) & The City Beautiful Movement: 1895, Columbian Exposition (Chicago) & The City Beautiful Movement 20th Century American Architecture by Carter Wiseman Daniel H. Burnham architect 1846 - 1912 1906, American Antiquities Act: 1906, American Antiquities Act Edgar Lee Hewitt archeologist 1865 - 1946 Chaco Canyon New Mexico www.nps.gov en.wikipedia.com 1910, Society for the Preservation of New England Antiquities: 1910, Society for the Preservation of New England Antiquities Giving Preservation A History by Max Page and Randall Mason William Sumner Appleton, Jr. architectural historian and former real estate broker 1875 - 1947 1916, National Park Service: 1916, National Park Service www.cr.nps.gov/history/hisnps 1926, Colonial Williamsburg: 1926, Colonial Williamsburg 20th Century American Architecture by Carter Wiseman Rev. William A.R. Goodman and John D. Rockefeller Jr. 1931, Charleston Ordinance: 1931, Charleston Ordinance www.charlestoncvb.com 1712 Powder Magazine owned by the National Society of the Colonial Dames of America (est 1891) 1818 Aiken-Rhett House owned by the Historic Charleston Foundation (est 1947) 1933, HABS / HAER: 1933, HABS / HAER http://memory.loc.gov/ammem/collections/habs_haer Milltown Dam Missoula County HAER MT-43 1935, Historic Sites Act: 1935, Historic Sites Act Created National Historic Landmarks Survey Virginia City, HABS MT 29 1949, National Trust for Historic Preservation: 1949, National Trust for Historic Preservation National Trust Mountain/Plains Director Barbara Pahl by John Reddy 1949, Federal Housing Act: 1949, Federal Housing Act www.affordablehousinginstitute.org 1950s-1960s, Urban Renewal & Federal Highway Projects: 1950s-1960s, Urban Renewal & Federal Highway Projects www.skyscrapercity.com www.wirednewyork.com www.oldlouisville.com 1966, National Historic Preservation Act: 1966, National Historic Preservation Act For the first time, properties of state and local significance could be listed When spending federal funding or granting permits or licenses, federal agencies are obligated to take historic properties into consideration 1966, Dept of Transportation Act: 1966, Dept of Transportation Act Section 4(f) requires a “special effort” be made to preserve and enhance the natural beauty of lands transversed by transportation lines. Historic sites of national, state, and local significance are specifically included in this protection. 4(f) allows harmful “use” only if “no feasible and prudent alternative exists” and “all possible planning to minimize harm” is done. 1971, Executive Order 11593: 1971, Executive Order 11593 Federal agencies will locate, inventory and nominate all sites, buildings, districts, and objects” under their jurisdictions. Most of the requirements were included in the 1980 NHPA amendments. West Point, www.ltoc.usma.edu 1973: 1973 Old-House Journal Historic Preservation Week Urban Homesteading Program Houses in Helena © 2007 by Rolene R Schliesman 1976, Tax Reform Act: 1976, Tax Reform Act Investment tax credit available for the rehabilitation of NR-listed or locally registered historic buildings Later, the 1986 Tax Reform Act reduced the investment tax credit from 25% to 20%. Urban rehab in Missouri Kit Carson Hotel, Denver Fur Exchange, MO SHPO www.kitcarsonhotel.com 1976, Quincy Market & Faneuil Hall: 1976, Quincy Market & Faneuil Hall 20th Century American Architecture by Carter Wiseman 1978, Penn Central Transportation Co. v. NYC Landmarks Commission: 1978, Penn Central Transportation Co. v. NYC Landmarks Commission US Supreme Court upheld authority of NYC Landmarks Commission www.thecityreview.com www.rwc.uc.edu Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission Penn Central Transportation Company’s major claim was that rejecting the permit to build the Breuer tower atop Grand Central was an unconstitutional “taking” of its property because the rejection completely denied it the use of the “air rights” over the terminal. Penn Central also claimed that the landmark designation was unconstitutionally discriminatory in that it singled out one property for special unfavorable treatment. Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission The takings clause, “nor shall private property be taken for public use without just compensation” is under the Constitution’s Fifth Amendment. It permits the government to take private property for public use – for example, land needed for a public highway, dams, and parks – but only upon payment of compensation. The goal was to balance the rights of the individual with the clear needs of the people to undertake public projects for everyone’s benefit. Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission First, the U.S. Supreme Court laid to rest the notion that aesthetic considerations alone are not a proper basis for the use of the government’s police power, explicitly noting “that states and cities may enact land use restrictions or controls to enhance the quality of life by preserving the character and desirable aesthetic features of a city.” Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission Second, in rejecting the Penn Central “taking” claim, the Court made clear that when it comes to economic impact, local historic preservation controls are nothing more or less than another form of land-use regulation as far as the law is concerned. Justice Brennan’s decision accomplished this by applying the same concepts that have been used in zoning cases starting at the turn of the century. Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission As a result, it is now reasonable to conclude that to successfully show a “taking” in a preservation case, a landowner will have to demonstrate that retaining the historic structure will deny him all reasonable economic use of the property, not just that there has been a diminution of value due to the landmark restriction. Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission Perhaps the most significant factor to emerge from the Penn Central case is that it is now plain that protection can be given to individual landmarks as well as to historic districts. The Court explicitly rejected the claim that designating individual landmarks is discriminatory and therefore improper. Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission The Penn Central decision made it clear that localities could forbid demolition or stop new construction for preservation purposes. -- A Handbook on Historic Preservation Law by the Conservation Foundation and the National Center for Preservation Law, 1989, p. 19. Penn Central Transportation Co. v. NYC Landmarks Commission: Penn Central Transportation Co. v. NYC Landmarks Commission First Lady Jackie Kennedy showed interest in this case and supported the preservation of NYC’s Grand Central Terminal www.willisherry.com 1980, National Main Street: 1980, National Main Street 1980, NHPA Amendments: 1980, NHPA Amendments The Congressional goal was to decentralize the federal historic preservation powers to state and local authorities. CLGs were entitled to participate directly in some aspects of the national preservation program – National Register nomination and review, section 106 review and compliance, recording historic sites, archeological protections, and technical assistance, education, and information. 1980, NHPA Amendments: 1980, NHPA Amendments CLGs may participate in Section 106 as a consulting party and may be further authorized as a “signatory.” CLGs were authorized to veto National Register nominations if the mayor and Preservation Commission objected. CLGs were entitled to 10% of each SHPO’s annual federal grant allocation. 1984, National Heritage Areas: 1984, National Heritage Areas The first NHA designated by Congress was Illinois and Michigan Canal To date, Congress has designated 37 NHAs which are partner-managed by federal, state, and local governments and the private sector NPS provides funding for a limited number of years following designation Great Basin Heritage Area www.greatbasinheritage.org 1991, Intermodal Surface Transportation Efficiency Act (ISTEA): 1991, Intermodal Surface Transportation Efficiency Act (ISTEA) Succeeded by Transportation Equity Act for the 21st Century (TEA-21) Eligible for funding: acquisition of historic sites, historic highway programs, historic preservation, archeological planning and research, and transportation museums. Cheyenne depot © 2007 by Rolene Schliesman 1992, National Scenic Highways and Byways Program: 1992, National Scenic Highways and Byways Program Highways and Byways designated since 1992 Beartooth Highway (shared w/ Wyoming) Nearly all states exceed Montana in number of Scenic Highways and Byways gorp.away.com 1992, NHPA Amendments: 1992, NHPA Amendments Directed federal agencies to develop a preservation program and designate a Federal Preservation Officer (FPO). Enabled Indian tribes to participate in the national historic preservation program and assume some or all of the SHPO responsibilities under its tribal jurisdiction. Created and funded Tribal Historic Preservation Office programs (THPOs) 1992, NHPA Amendments: 1992, NHPA Amendments Federal agencies must consult Indian tribes and Native Hawaiian organizations regarding properties with religious or cultural significance. Consultation requires a government-to- government relationship with Tribes. Properties of concern to Tribes may be on ancestral, aboriginal, and ceded lands. THPO Funding: THPO Funding In 2006, there were 58 approved THPO offices nationally sharing $ 3,242,450. Each office received approx. $ 55,904. In contrast, SHPOs received $ 497,936 -964,806 in 2006. As of today, there are 68 THPO offices. 1999, Save America’s Treasures: 1999, Save America’s Treasures Granting program proposed by President Clinton in the 1998 State of the Union speech, SAT is a public-private partnership between NPS and NTHP Story Mansion by Allyson Bristor, Bozeman HPO Marcus Daly Mansion near Hamilton 2003, Executive Order 13287 Preserve America: 2003, Executive Order 13287 Preserve America Encourages and supports community efforts to preserve and enjoy our priceless cultural and natural heritage Goals include a greater shared knowledge about the nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s cultural and natural heritage assets, and support for the economic vitality of our communities First Lady Laura Bush is the Honorary Chair of Preserve America www.whitehouse.gov Preserve America Communities: Preserve America Communities 500+ nationally designated communities Anaconda Billings Butte-Silver Bow Fort Benton Great Falls Lewistown Missoula Red Lodge Stevensville Terry Virginia City Havre (pending) Jefferson County (pending)
Montana Preservation Commissioner Training, 2007-2008 Montana Preservation Commissioner Training, 2007-2008 Part 2: What’s Our Preservation History?
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