Facts & Arguments About the Preservation Doctrine of New York

Eligibility

• Landmark sites and buildings must fulfill one or more special conditions, according the New York Department of Parks, Recreation, and Historic Preservation. The property may be associated with an event of historical importance. Another qualification would be whether it belonged to a significant historical figure. If the property illustrates a distinctive style of architecture or was designed by a famous architect, it also may eligible for landmark status. Properties less than 50 years old are ineligible unless they can be associated with figures of "transcendent importance," or if the building has been constructed to be "primarily commemorative" in design, investing itself with its own historical significance.

Consequences of Preservation Status

• If a building or site is listed in the New York State Register of Historic Places, it will be subject to conditions different than that of standard commercial or residential properties. First of all, it enjoys partial protection from certain federal and state construction projects. For instance, if the state government decides to build a highway right in the path of a historical building, a special hearing will need to be convened for consideration of alternatives to demolition. Secondly, owners of listed properties may receive a 20-percent federal income tax credit for costs involving the rehabilitation of the property. Finally, municipal and not-for-profit organizations owning listed properties may receive state matching funds for preservation costs.

Arguments for the New York Preservation Doctrine

• Society should not neglect its cultural heritage. One of the best ways of calling attention to New York's rich history is the preservation of the places where important events occurred. Further, the charm of a town or a city often may be found in the distinctive architecture of an old cemetery or ornate movie palace. Citizens lose a part of that past whenever a building falls victim to the wrecking ball.

Arguments Against the New York Preservation Doctrine

• Burdensome government regulation not only results in untenable costs for property owners but may not save the landmarks it claims to protect. For instance, the recent struggles between preservationists, developers and government entities in relation to Brooklyn's "Admiral Row" property has resulted in a pocket of urban blight for an otherwise prosperous community.