Historic Preservation Law

Historic preservation law sits at the intersection of property, land use, environmental, constitutional, tax, and administrative law, yet itremains one of the most specialized and frequently misunderstood areas of legalpractice. Historic Preservation Law providespractitioners, scholars, and students with a comprehensive introduction to thelegal frameworks that protect the nation's historic and cultural resources.From the evolution of preservation policy to the practical application offederal, state, and local regulations, this volume explains the laws, terminology, and principles that shape preservation efforts across the UnitedStates. Written by leading scholars and practitioners, thebook examines the National Historic Preservation Act, the NationalEnvironmental Policy Act, Section 4(f) of the Department of Transportation Act, local historic preservation ordinances, constitutional limitations ongovernment regulation, archaeological and cultural resource protection, preservation easements, tax incentives, and emerging challenges facing thefield. By exploring both regulatory tools and economic incentives designed tosafeguard irreplaceable historic places, Historic Preservation Lawserves as an essential guide for anyone seeking to understand or navigate thisevolving and increasingly important area of law.

Kevin R. Eberle is the Director of Clinicsat the Charleston School of Lawin Charleston, South Carolina, where he teaches first-yearLegal Research &Writing as well as Appellate Practice. After graduating fromthe Universityof South Carolina in 1995, he joined Rosen, Rosen &Hagood, LLC, wherehis practice included a wide range of topics. He is licensedin the state courtsof South Carolina and all levels of the federal bar from theDistrict of SouthCarolina to the Fourth Circuit and the U.S. Supreme Court.His scholarshipincludes a five-year series of annual Supreme Court updatesand many articlesfor South Carolina practitioners.Since moving to Charleston after law school, he hasbeen heavilyinvolved with the cause of historic preservation inCharleston. He servedsix years on the Preservation Society of Charleston's boardof directors andorganized the famous Fall House Tours for three of them. Notonly hashe restored his own 1914 house, but he recently restored ahouse built in1873 by a former slave to save it from demolition by itsformer owner. Hiswork has led to a Carolopolis Award from the PreservationSociety andtwo Whitelaw Founders Awards from the Historic CharlestonFoundation.A fixture at meetings of the Board of Architectural Review, he freely assistswith research for the city staff and homeowners. Dylan Oliver Malagrinò is the Associate Deanfor Faculty Research &Development and Professor of Law at Charleston School of Lawin Charleston, South Carolina. He joined the faculty of Charleston Law in2017 afterten years of full-time law teaching at ABA-accredited lawschools across thecountry. Professor Malagrinò teaches Property I and II, LandUse, and Wills, Trusts, and Estates, among other courses. ProfessorMalagrinò is a law graduateof the University of San Diego School of Law and of theLondon Schoolof Economics and Political Science.Prior to academia, Professor Malagrinò spent sixyears in private practiceas an attorney in San Diego, practicing complex civillitigation includingsecurities fraud and antitrust class actions. And, morerecently, he was asenior attorney at a Texas-based energy resources law firm, where he providedcounsel for the firm's real property and corporate lawgroups. He islicensed to practice law in the state courts of Californiaand in the U.S. DistrictCourts for the Southern and Central Districts of California.Professor Malagrinò researches and writes in theareas of propertylaw, comparative property law, land use, and legalanthropology. He haspublished three books and more than 20 law review articles. Brian Roberts Turner is a licensed attorneywith over 20 years' experienceworking as an advocate for historic preservation. From 2008to 2020 heserved as counsel for the National Trust for HistoricPreservation in its SanFrancisco office, engaging in grassroots campaigns to savehistoric placesthroughout the American West. In this role he gained wideexposure to theintersections of federal, state, and local preservation lawand policy.Turner curren