Historic preservation considerations can influence a project well before a dispute arises. Burns & Hansen advises property owners, developers, preservation organizations, and other stakeholders on acquisitions, rehabilitation, landmark designation, development proposals, historic tax credits, conservation easements, and compliance with applicable preservation requirements. 

Disagreements over historic properties can place development plans, property rights, and preservation interests directly at odds. Burns & Hansen represents clients in contested historic preservation and land use matters, including challenges involving government decisions, proposed development, regulatory requirements, and competing claims over how historically significant property may be used or changed. 

We advise clients on historic property acquisitions, rehabilitation and redevelopment, historic designation, regulatory approvals, tax credits, conservation easements, preservation requirements, and contested matters involving historic properties and land use. 

Historic preservation requirements may apply to individually designated properties, properties located within historic districts, and other historic or archaeological resources subject to local, state, or federal law. The requirements affecting a particular property depend on its designation, location, and the proposed project. 

The Minnesota Environmental Rights Act, or MERA, allows legal action to protect certain natural resources from pollution, impairment, or destruction. Minnesota authorities recognize historic and archaeological resources within the broader framework of resources that may receive protection under MERA, making the statute an important consideration when proposed development, demolition, or other activity threatens a qualifying historic resource. Burns & Hansen can help clients evaluate how MERA may affect a historic preservation dispute or development project. 

Potentially. Historic designation does not necessarily prevent renovation or redevelopment, but proposed changes may require additional review or approval. Understanding those requirements early can help determine what modifications are possible and how a project should proceed. 

In addition to the Minnesota Environmental Rights Act, historic preservation matters may implicate local ordinances and laws such as the National Historic Preservation Act, Minnesota Historic Sites Act, Minnesota Field Archaeology Act, and other state or federal environmental and land use requirements. The applicable framework depends on the property, the government bodies involved, and the nature of the proposed project. 

Yes. We can advise clients considering local or national historic designation and help them understand the legal and property implications associated with that designation. 

The parties may be able to address the conflict through modifications to the proposal, negotiation with the relevant government body, alternative approaches, or mitigation measures. When the disagreement cannot be resolved through the approval process, litigation may become necessary. 

Depending on the circumstances and applicable law, certain government actions or decisions involving historic preservation and land use may be subject to legal challenge or appellate review. Burns & Hansen represents clients in contested preservation matters and can provide appellate counsel when a significant decision warrants further review. 

Yes. Historic preservation matters frequently overlap with zoning, development, real estate transactions, construction, property rights, and appeals. Our broader practice allows us to address those related issues when they become part of the same project or dispute.