미국에 있어서 역사보존을 위한 토지이용규제

미국의 역사보존을 위한 토지이용규제 제도를 살펴보았다.

In the United States, a historic preservation movement had been conducted by two different sectors; public and private. However, both sectors came to merge into one by virtue of the establishment of the National Trust and the enactment of the National Historic Preservation Act (NHPA) and finally a new legal system was set up for historic preservation. The government has generally designated landmarks or historic districts in a way to prevent histori presevation. This kind of land use regulation for historic preservation has caused many constitutional problems. Out of them, a key issue is whether or not this regulation regulatory taking.

Being asked about whether or not the land use regulation for historic preservation is to regulatory taking, the U.S. Supreme Court presented the three factors in a decision-making process; economic impact of the regulation, interference with investment-backed expectations, character of the governmental action. In this regard, there is no clear distinction between landmark designation and historic district setup. In general, as long as a land use regulation for historic preservation leaves a room for reasonable and economic use, the U.S. Courts do not regard it as taking. However, the U.S.

government has adopted various tax reliefs and transferable development rights (TDRs) to alleviate the damages of property owners, showing a good guide for our government.