Are there any legal protections for historically significant properties in land use law?
Yes, there are legal protections for historically significant properties in land use law in California. The California Environmental Quality Act (CEQA) requires all state and local government agencies to consider the potential effects of any project on the environment and to evaluate alternatives that reduce or avoid those effects. CEQA also requires consideration of the environmental impacts of any development that could potentially impact an identified historic resource. The National Historic Preservation Act, which is a federal law, sets a legal framework to protect land that has significant historical value. The California Office of Historic Preservation (OHP) is the state agency responsible for administering the National Historic Preservation Act in California. OHP establishes and maintains the California Register of Historical Resources, which is a list of properties believed to have significant historical value or importance. Properties on the Register are eligible for certain protections, such as review of any proposed development or demolition. The Mills Act is another California law that provides certain protections for historically significant properties. Under the Mills Act, cities and counties may enter into contracts allowing homeowners to reduce the assessed value of their property in exchange for preserving and maintaining the historic resource. This provides an incentive for individuals to preserve and maintain their historic properties. In summary, there are legal protections for historically significant properties in land use law in California. These include the California Environmental Quality Act, the National Historic Preservation Act, and the Mills Act. All of these laws provide incentives for individuals to preserve and maintain properties with historical value.
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