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Carrot Or Stick: Protecting Historic Interiors Through

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Carrot Or Stick: Protecting Historic Interiors Through CARROT OR STICK: PROTECTING HISTORIC INTERIORS THROUGH ORDINANCES OR EASEMENTS by CAROLINE GABREY RAINEY (Under the Direction of James Reap) ABSTRACT Historic interiors are often overlooked by preservationists in the study of historic preservation policies. The two common ways interiors are protected are through city preservation ordinances and the use of easements. This thesis examines the use of interior landmarking through the process of the New York City historic landmark ordinance. This study will include an analysis of landmarking issues and a comparison of properties landmarked with easement requirements in order to conclude whether the current ordinance or the use of preservation easements is the best method for interior preservation. INDEX WORDS: Historic Preservation, Historic Interiors, Easements, Ordinance, New York City, New York, Private Property Rights, Financial Incentives, Landmarks Preservation Commission, National Register of Historic Places, Charitable Deduction CARROT OR STICK: PROTECTING HISTORIC INTERIORS THROUGH ORDINANCES OR EASEMENTS By CAROLINE GABREY RAINEY B.A., Sweet Briar College, 2010 M.A., University of Buckingham, 2012 A Thesis Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree MASTER OF HISTORIC PRESERVATION ATHENS, GEORGIA 2019 © 2019 Caroline Gabrey Rainey All Rights Reserved CARROT OR STICK: PROTECTING HISTORIC INTERIORS THROUGH ORDINANCES OR EASEMENTS by CAROLINE GABREY RAINEY Major Professor: James Reap Committee: Cari Goetcheus Jack Crowley Vincent Michael Electronic Version Approved: Suzanne Barbour Dean of the Graduate School The University of Georgia May 2019 iv DEDICATION I would like to dedicate my thesis to Emma, Caity, and Audrey, my fellow graduate students who frequently listened to my complaints, concerns, and supported me throughout this process. To Dale Couch at the Georgia Museum of Art, whose counsel has been immeasurable and to my family. v ACKNOWLEDGMENTS I would like to acknowledge Professor Claudia Chang, my undergraduate archaeology professor, who has continued to offer her guidance after all these years and whole-heartedly edited this thesis. I would also like to thank Cari Goetcheus, Jack Crowley, and Vincent Michael for agreeing to be on my committee and Professor Reap, my thesis advisor, for doing what he does best. vi TABLE OF CONTENTS ACKNOWLEDGMENTS .................................................................................................. v LIST OF FIGURES ............................................................................................................ x CHAPTER I: INTRODUCTION ........................................................................................ 1 METHODOLOGY ......................................................................................................... 4 LITERATURE REVIEW ............................................................................................... 5 CHAPTER SUMMARY ................................................................................................. 9 CHAPTER II: LEGAL FOUNDATION OF PROPERTY RIGHTS AND CASE LAW 12 EUCLID V. AMBLER REALTY ................................................................................ 15 REGULATORY TAKINGS ......................................................................................... 16 PENN CENTRAL .......................................................................................................... 18 NOLLAN AND DOLAN ................................................................................................ 20 LORETTO ..................................................................................................................... 20 LUCAS .......................................................................................................................... 21 CHAPTER III: INTRODUCTION TO LANDMARKING ORDINANCES ................... 23 CHAPTER IV: NEW YORK CITY PRESERVATION ORDINANCE .......................... 27 THE LANDMARKS PRESERVATION COMMISSION ........................................... 30 DESIGNATION PROCESS ......................................................................................... 31 OWNER RESPONSIBILITIES .................................................................................... 31 WORK AND ALTERATIONS .................................................................................... 32 AUTHORITY ............................................................................................................... 33 ECONOMIC RETURNS AND HARDSHIP EXEMPTIONS ..................................... 34 vii REMEDIATION OF DANGEROUS CONDITIONS ................................................. 37 REMEDIATION FOR CITY-OWNED PROPERTY .................................................. 37 ENFORCEMENT ......................................................................................................... 38 INCENTIVES ............................................................................................................... 40 INTERIOR LANDMARKING ..................................................................................... 43 CHAPTER V: HISTORY OF NEW YORK CASES AND INTERIOR LANDMARKING CHALLENGES ................................................................................................................ 48 WEINBERG V. BARRY ................................................................................................. 48 SAMERIC CORP. OF CHESTNUT STREET INC. V. CITY OF PHILADELPHIA ..... 49 SHUBERT ORGANIZATION V. LANDMARKS ........................................................... 50 FOUR SEASONS RESTAURANT (TEACHERS INS. & ANNUITY V. NEW YORK) 52 SAVE AMERICA’S CLOCKS V. NEW YORK .............................................................. 54 CHAPTER VI: AN INTRODUCTION TO EASEMENTS ............................................. 59 WHAT ARE EASEMENTS? ....................................................................................... 59 HISTORY OF EASEMENTS ...................................................................................... 61 CONSERVATION EASEMENT ACT AND STATE EASEMENTS ........................ 61 OBLIGATIONS AND ENFORCEMENT ................................................................... 62 FEDERAL PRESERVATION EASEMENT REQUIREMENTS ............................... 64 GIFT AND BENEFIT .................................................................................................. 64 HISTORIC PROPERTY REQUIREMENT ................................................................. 66 PENSION PROTECTION ACT OF 2006 CHANGES ................................................ 67 NATIONAL REGISTER QUALIFICATIONS ........................................................... 68 QUALIFIED ORGANIZATION .................................................................................. 69 viii MONITORING ............................................................................................................. 70 PUBLIC ACCESS ........................................................................................................ 71 MAINTENANCE AND FEATURES .......................................................................... 75 CONTRACTUAL STIPULATIONS ........................................................................... 77 CHAPTER VII: FAILURES AND SUCCESSES WITH LANDMARKING AND EASEMENTS ................................................................................................................... 80 SPACES ........................................................................................................................ 80 FLEXIBILITY AND GUIDELINES ............................................................................ 81 INCENTIVES ............................................................................................................... 86 PUBLIC ACCESS ........................................................................................................ 89 CONSENT .................................................................................................................... 91 PREVENTING LANDMARKING: DESTRUCTION ................................................ 95 PREVENTING LANDMARKING: ENDING PUBLIC ACCESS ............................. 99 PREVENTING LANDMARKING: ACCOUNTABILITY AND POLITICAL INFLUENCE .............................................................................................................. 102 WALKER THEATER ................................................................................................ 105 AFTER LANDMARKING: MONITORING ............................................................. 107 AFTER LANDMARKING: ENFORCEMENT ......................................................... 108 AFTER LANDMARKING: NEGLECT .................................................................... 110 MANEE-SEGUINE HOUSE ..................................................................................... 110 RKO KEITH’S FLUSHING THEATER ................................................................... 114 CHAPTER VIII: INTERIOR LANDMARKING ANALYSIS ...................................... 121 CHAPTER IX: CURRENT ISSUES AND CONCLUSION.......................................... 127 ix THE EASEMENT CRACKDOWN AND OTHER ISSUES ..................................... 127 CONCLUSION ........................................................................................................... 128 MODIFYING THE LANDMARKS LAW ...............................................................
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