Rights of Religious Institutions Facing Zoning and Historic Preservation
- By Roman P. Storzer, Storzer & Greene, P.L.L.C. Washington,
D.C.; Twelfth Annual National Conference on Private Property
Rights (PRFA, Albany, N.Y., October 18, 2008)
In no other area is there as much restriction on religious
exercise, a First Amendment freedom, than in the land use context,
with possibly the exception of prisoners. The federal Religious
Land Use and Institutionalized Persons Act, RLUIPA, targets landmarking
and land use laws. Zoning boards no longer hold all the power.
Churches, mosques and temples can go to court and get redress
under a relatively strong standard of review.
Church Settles Zoning Dispute - By Carol W. LaGrasse
(PRFA, December 2004)
The U.S. Justice Department had joined the Hale O Kaula church
case in Wailuku, Maui, to enforce the federal Religious Land
Use and Institutionalized Persons Act. The settlement left the
law unsettled. Maui County paid $700,000 to the church, but restricted
the building, congregation size, and hours of operation.
- Government, the New
Leviathan - By James Bovard, Author, Public Policy
Analyst, from Proceedings of the Second Annual N.Y. Conference
on Private Property Rights (Property Rights Foundation of America,
Oct. 19, 1996)
Classical churches are becoming victims of historic preservation.
St. Bartholomews Church on Park Avenue, New York
City, was blocked by the City Landmarks Commission from selling
its community house to build an office hi-rise, which would have
enabled the church to fund its charitable activities.