casemark/preservation-law-summary
skills/legal/preservation-law-summary/SKILL.md
Generates structured legal memoranda on historic preservation law covering NHPA, Penn Central takings analysis, designation processes, and state-local regulatory frameworks. Use when summarizing preservation jurisprudence, Section 106 review, landmark regulations, cultural resource protection, or takings challenges to preservation ordinances.
$ install --global
skillsauthnpx skillsauth add casemark/skills preservation-law-summaryInstall this skill globally with one command. Works with Claude Code, Cursor, and Windsurf.
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SKILL.md
- name:
- preservation-law-summary
- description:
- Generates structured legal memoranda on historic preservation law covering NHPA, Penn Central takings analysis, designation processes, and state-local regulatory frameworks. Use when summarizing preservation jurisprudence, Section 106 review, landmark regulations, cultural resource protection, or takings challenges to preservation ordinances.
Historic Preservation Law Summary
Produces a thematically organized legal memorandum synthesizing historic preservation statutes, case law, and regulatory frameworks across federal, state, and local levels.
Prerequisites
Gather before drafting:
- Jurisdiction scope — federal, specific state(s), or local municipality
- Audience — developer, agency, preservation advocate, or litigation counsel
- Focus areas — full survey or narrowed (e.g., takings only, designation process only)
- Uploaded documents — case files, regulatory guidance, or ordinances to incorporate
Quick Start
- Confirm jurisdiction, audience, and focus areas
- Draft executive overview (property rights vs. preservation interest, three-tier framework)
- Build thematic sections synthesizing statutes + case law per topic
- Format all citations in Bluebook; mark unverified citations
[VERIFY] - Flag jurisdictional variations and unsettled law
Memorandum Structure
Format as a professional legal memorandum with Bluebook citations.
Executive Overview (1–2 paragraphs)
- Balance between property rights and public preservation interest
- Three-tier regulatory framework (federal → state → local)
- Key legal mechanisms: designation, review, enforcement
Thematic Sections
Organize by topic, not chronologically. Each section synthesizes statutes + case law.
| Topic | Key Authorities | Coverage | |-------|----------------|----------| | Designation criteria & procedures | NHPA §106, state register statutes | Listing standards, landmark criteria, district designation | | Regulatory authority | Local preservation ordinances | Alterations, demolitions, certificates of appropriateness | | Takings challenges | Penn Central v. NYC, 438 U.S. 104 (1978) | Three-factor test, economic impact, investment-backed expectations | | Tax incentives & economics | IRC §47, state credits | Federal 20% credit, state incentives, economic hardship | | Enforcement & remedies | Varies by jurisdiction | Penalties, injunctive relief, citizen suits | | Intersections | NEPA, Section 106, local zoning | Environmental review overlay, adaptive reuse |
Case Treatment Format
For each significant case:
**[Case Name], [Citation]**
- Property: [type and significance]
- Challenge: [restriction at issue]
- Holding: [ruling]
- Reasoning: [key points]
- Impact: [practical implications]
Jurisdictional Variations
- Federal preemption boundaries
- States with model preservation statutes (identify which)
- Local ordinance as primary regulatory vehicle
- Circuit splits or unresolved questions
Evidentiary Standards
| Element | Standard | |---------|----------| | Historical significance | National Register criteria A–D | | Architectural integrity | Seven aspects (location, design, setting, materials, workmanship, feeling, association) | | Economic hardship | Reasonable return analysis, maintenance cost evidence | | Administrative appeals | Exhaust before judicial review in most jurisdictions |
Emerging Trends (brief)
- Mid-century modern and recent-past preservation
- Culturally significant sites beyond traditional architecture
- Climate/sustainability integration with preservation
Pitfalls
- Overgeneralizing local rules — flag state-by-state differences explicitly; never generalize from one jurisdiction
- Binding vs. persuasive authority — distinguish clearly when crossing jurisdictions
- Unverified citations — mark with
[VERIFY]; cite all assertions to primary authority - Audience mismatch — keep executive overview accessible to non-lawyers; use precise legal terminology in body
- Neutrality — acknowledge competing developer, agency, and advocate interests
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