009 Historic Preservation - The Penn Central Case

Common Good Supersedes Higher Returns

All those historic preservation discussions you hear about and come across – whether at planning commission hearings, or architectural review committee meetings, or when you consider buying a home in an historic preservation overlay zone – they all rest upon the Penn Central supreme court decision of 1978.  Property rights are not absolute, in America.  A fair return on investment is accepted, but is not an inalienable right, and the common good will prevail when our awareness of history is to be preserved.  This is very civilized behavior.

While the United States might have recklessly lobbed tea overboard on one frivolous night in Boston and abandoned the monarchy, leaving it with only the President and first lady upon whom it must now rely for guidance on culture and tradition – need I say more - it is reassuring that this country has managed, through historic preservation, to hold on to at least some of the stable values of the Old World.