Historic preservation law sits at the intersection of property,
land use, environmental, constitutional, tax, and administrative law, yet it
remains one of the most specialized and frequently misunderstood areas of legal
practice. Historic Preservation Law provides
practitioners, scholars, and students with a comprehensive introduction to the
legal frameworks that protect the nation's historic and cultural resources.
From the evolution of preservation policy to the practical application of
federal, state, and local regulations, this volume explains the laws,
terminology, and principles that shape preservation efforts across the United
States.
Written by leading scholars and practitioners, the
book examines the National Historic Preservation Act, the National
Environmental Policy Act, Section 4(f) of the Department of Transportation Act,
local historic preservation ordinances, constitutional limitations on
government regulation, archaeological and cultural resource protection,
preservation easements, tax incentives, and emerging challenges facing the
field. By exploring both regulatory tools and economic incentives designed to
safeguard irreplaceable historic places, Historic Preservation Law
serves as an essential guide for anyone seeking to understand or navigate this
evolving and increasingly important area of law.
Eberle, Kevin R.: -
Kevin R. Eberle is the Director of Clinics
at the Charleston School of Law
in Charleston, South Carolina, where he teaches first-year
Legal Research &
Writing as well as Appellate Practice. After graduating from
the University
of South Carolina in 1995, he joined Rosen, Rosen &
Hagood, LLC, where
his practice included a wide range of topics. He is licensed
in the state courts
of South Carolina and all levels of the federal bar from the
District of South
Carolina to the Fourth Circuit and the U.S. Supreme Court.
His scholarship
includes a five-year series of annual Supreme Court updates
and many articles
for South Carolina practitioners.
Since moving to Charleston after law school, he has
been heavily
involved with the cause of historic preservation in
Charleston. He served
six years on the Preservation Society of Charleston's board
of directors and
organized the famous Fall House Tours for three of them. Not
only has
he restored his own 1914 house, but he recently restored a
house built in
1873 by a former slave to save it from demolition by its
former owner. His
work has led to a Carolopolis Award from the Preservation
Society and
two Whitelaw Founders Awards from the Historic Charleston
Foundation.
A fixture at meetings of the Board of Architectural Review,
he freely assists
with research for the city staff and homeowners.
Malagrinò, Dylan Oliver: -
Dylan Oliver Malagrinò is the Associate Dean
for Faculty Research &
Development and Professor of Law at Charleston School of Law
in Charleston,
South Carolina. He joined the faculty of Charleston Law in
2017 after
ten years of full-time law teaching at ABA-accredited law
schools across the
country. Professor Malagrinò teaches Property I and II, Land
Use, and Wills,
Trusts, and Estates, among other courses. Professor
Malagrinò is a law graduate
of the University of San Diego School of Law and of the
London School
of Economics and Political Science.
Prior to academia, Professor Malagrinò spent six
years in private practice
as an attorney in San Diego, practicing complex civil
litigation including
securities fraud and antitrust class actions. And, more
recently, he was a
senior attorney at a Texas-based energy resources law firm,
where he provided
counsel for the firm's real property and corporate law
groups. He is
licensed to practice law in the state courts of California
and in the U.S. District
Courts for the Southern and Central Districts of California.
Professor Malagrinò researches and writes in the
areas of property
law, comparative property law, land use, and legal
anthropology. He has
published three books and more than 20 law review articles.
Turner, Brian Roberts: -
Brian Roberts Turner is a licensed attorney
with over 20 years' experience
working as an advocate for historic preservation. From 2008
to 2020 he
served as counsel for the National Trust for Historic
Preservation in its San
Francisco office, engaging in grassroots campaigns to save
historic places
throughout the American West. In this role he gained wide
exposure to the
intersections of federal, state, and local preservation law
and policy.
Turner currently serves as President & CEO of the
Preservation Society
of Charleston (PSC) in Charleston, South Carolina, a
non-profit organization
founded in 1920. The PSC advocates on behalf of its over
4000
members for the preservation of the region's distinct
character, quality of
life, and diverse neighborhoods. It educates the public on
the art and science
of preservation practice and works to ensure that land-use
plans and
major projects are designed to be consistent with
Charleston's reputation as
a world-class history city.
Turner obtained his B.A. in history at Grinnell
College and J.D. from
Vermont Law School and serves as a lecturer in preservation
law for the
Clemson University School of Architecture. During law school
he interned
with the National Trust's Law Department in Washington,
D.C.; served as a
Fellow at the European Academy in Bolzano, Italy; and
completed a semester
of study at the University of Trento.
