First Amendment Challenges to Landmark Preservation Statutes

The Interfaith Commission, religious leaders deeply concerned with the problems associated with the landmarking of religious properties, have recognized that the prohibition against demolition or alteration of landmarked religious properties effectively destroys their value. Additionally, the religious organizations are required to expend thousands of dollars of religious contributions to maintain these landmarks for the public benefit, in accordance with the regulations of the Landmarks Commission. This Comment focuses on the constitutionality of landmark preservation statutes as applied to religious properties. Using New York City as a model, this Comment examines the myriad problems presented by the landmarking of religious properties. This Comment concludes that a re-examination of the New York standard under the constitutional test requires the resolution of whether the preservation of landmarks is a compelling state interest sufficient to justify the burden of maintaining landmarks which has been placed on religious organizations