Teaching > Preservation
State — Discussion
- Preservation Issues and Initatives
- Broad issues
- Issues Brief: Growth and Quality of Life Tool Kit, National Governors Association
- List issues
- Identify as national, state and/or local
- Determine now needs and/or opportunities are met.
- Mandated legislation, statutes, ordinances, programs,
etc.(federal, state and/or local level)
- Elective programs and initiatives
- List of initiatives (several
of these are addressed under Readings.)
& Local Partners, NTHP (scroll down to search)
- Procedural laws
- National Conference of State Legislatures (NCSL)
- Preservation commission laws
- "State 106" laws
- State enabling laws (acts)
- Enabling legislation
- Rigid vs. flexible
- Model local ordinances
- Utah H.1 Model Historic Preservation Ordinance, Version
#1: Basic Ordinance with Amendment Option [Download as
- Draft Oregon Model Historic Preservation Ordinance,
November 2, 1999. [Download as RTF file.]
- TITLE 10 STRUCTURES, Chapter 13
Historic Preservation, adopted by Ordinance No. 4721.
Derived from Ordinance No. 4000. Boulder, Colorado. Potential
- State Historic Preservation Office NCSHPO.
- Mandated programs (NHPA, others) NHPA
- Elective programs
- Distinguish difference (assignment), population(s) served
- "Statewide Nonprofits"
- Elective programs
- Population(s) served
- Compare SHPO and Statewide
An enabling act is a piece of legislation by which a legislature
grants an entity which depends in on it for authorization or
legitimacy to take a certain action or actions. Wikipedia.
An obligation handed down by an inter-governmental body. Wikipedia.
Law that prescribes the procedures and methods for enforcing
rights and duties and for obtaining redress (as in a suit) and
that is distinguished from law that creates, defines, or regulates
rights (the federal courts in diversity actions must apply state
substantive law and federal procedural law - Miller v. American
Dredging Corp., 595 So. 2d 615 (1992). Answers.
Procedural law comprises the rules by which a court hears and
determines what happens in civil or criminal proceedings. The
rules are designed to ensure a fair and consistent application
of due process (in the U.S.) or fundamental justice (in other
common law countries) to all cases that come before a court.
Lawyers distinguish procedural law from "substantive law."
Substantive law refers to the actual claims and defenses whose
validity is tested through the procedures of procedural law.
A statute is a formal, written law of a country or state, written
and enacted by its legislative authority, perhaps to then be
ratified by the highest executive in the government, and finally
published. Typically, statutes command, prohibit, or declare
something. Statutes are sometimes referred to as legislation
or "black letter law." Wikipedia.