The landmark 1978 Supreme Court decision in Penn Central Transportation v. New York City is sacrosanct to historic preservationists. The case settled the question of the constitutionality of local historic preservation landmarking laws. Penn Central and a handful of other precedents are historic preservationists’ first line of defense when lawmakers attempt to rewrite historic preservation laws like Montgomery County’s 31-year-old ordinance, a law sorely in need of a legislative tune-up.
Last year, Montgomery County Councilmember Mike Knapp attempted to amend Chapter 24A of the Montgomery County Code, the county’s historic preservation law. The councilmember who decided to not seek re-election this year wanted to revise the law by removing a controversial criterion for historic designation and by including provisions for owner consent prior to any property being designated historic. Continue reading

