Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
Prohibitions and restrictions on land use by Historic Preservation Committees via landmark laws are common and hinder an owner’s right to control the land. Religious institutions possess an important piece of federal legislation to combat landmark laws, known as the Religious Land Use and Institutionalized Persons Act (RLUIPA). Even with this advantage in their pocket, churches continue to face local opposition on the ability to renovate and demolish their churches due to the overly regulatory nature of landmark laws. Federal courts vary on the criteria in determining whether a landmark designation can withstand the right to religious exercise via land use as designated in the RLUIPA. This Comment will analyze the relationship between landmark laws and the RLUIPA through case summaries with an emphasis on the RLUIPA’s substantial burden on religious exercise test in landmark law religious institution cases only. The cases included in this Comment are solely Christian churches in America due to the fluctuating level of Christian religious affiliation in the United States.
First Page
310
Last Page
339
Publication Date
5-1-2025
Department
College of Law
Recommended Citation
Kelz, Mikayla D.
(2025)
"I Demand the Right to Destroy My Church! The Relationship Between the Religious Land Use and Institutionalized Persons Act and the Religious Right to Demolish Historic Churches,"
Northern Illinois University Law Review: Vol. 45:
Iss.
2, Article 2.
Suggested Citation
Mikayla D. Kelz, Comment, I Demand the Right to Destroy My Church! The Relationship Between the Religious Land Use and Institutionalized Persons Act and the Religious Right to Demolish Historic Churches, 45 N. Ill. Univ. L. Rev. 310 (2025).
