The Commission concluded that this fee violated Article 81 of the EC Treaty that prohibits anti-competitive agreements.

The suit also contends that the fees violated state constitutional provisions related to taxation, free speech, due process and equal protection.

Many preservationists say a fee would violate the spirit of the 1965 landmarks law and promote noncompliance.

A federal district judge ruled on Friday that the fee, generally known as "the pork checkoff," violated the hog farmers' right to free speech and association.

That court ruled last year that the fee, of up to 1.5 percent of the compensation, violated the Constitution as an appropriation of private property.

If the Justices had agreed with the appeals court that the fee violated the Fifth Amendment, the constitutionality of a variety of government charges would have been called into question.

He said the fee violated federal rules requiring extensive cost-benefit studies before municipalities can restrict access to airports.

A fee simple determinable does not violate the rule against perpetuities, since the interest in real property reverts to the grantor or his heirs, who are measuring lives.

The report suggested that the fees violated local regulations.

Mr. Kempner contends that the $10 fee violated a state law that says all Connecticut residents must have equal access to public parks.