This paper will examine how a number of jurisdictions treat the takings standard for non-profit organizations, and will suggest ways of clarifying and improving the law. Part I discusses Penn Central, which sets the high national standard to for takings claims. This section also discusses how local governments have incorporated that standard into historic preservation laws as economic hardship claims. Part II analyzes how some jurisdictions make a distinction between commercial and non-profit owners in takings claims, and what claimants must demonstrate to succeed in making a claim. Part III concludes by examining the competing rationales supporting and opposing the creation of a modified standard. It also proposes recommendations for future development in this field.
Faller, Christine, "Economic Hardship and Historic Preservation of Non-Profits: Balancing Individual Burden with Community Benefit" (2008). Georgetown Law Historic Preservation Papers Series. Paper 28.