THE LEGAL LEVIATHAN THAT TOWERED OVER MCKENNAN PARK: HISTORIC PRESERVATION LAW IN MCDOWELL V. SAPIENZA

Tourists in a city, travelers on a highway, and pedestrians strolling through a town's original neighborhoods are accustomed to spotting plaques designating a building, area, or particular site as a historic landmark. Since the late 19th century, when private citizens sought to save George Washington's Mount Vernon, historic preservation has evolved both as a national value and a significant statutory scheme in Congress, state legislatures, and city halls. In 2011, the South Dakota legislature passed House Bill 1099 which made clear that historic districts themselves--not merely individual properties within a district--are a form of historic property subject to statutory protections. This change clarified the legislature's intent and supported the plaintiffs' argument in McDowell v. Sapienza where the South Dakota Supreme Court held that historic standards for new construction apply to all properties within a historic district. Following a protracted legal battle that drew significant public interest, the Court in McDowell correctly applied the laws that preserve historic properties across South Dakota. These laws come from, and build upon, a tradition of historic preservation throughout the country. The predicate feud to the lawsuit should encourage property owners and historic preservation commissions alike to faithfully discharge their duty to safeguard historic resources for the benefit of all.