I'm not sure why these criteria are so hard to meet, unless they were specifically crafted to apply to the three buildings specifically. If that's the case, I'm thinking that a state's not allowed to pass laws with arbitrary conditions designed to target specific individuals. For example, a law that say's people named Toby, who have red hair, and were born between February 4th and February 23rd aren't allowed to own toaster overs, wouldn't pass muster. Picking three buildings and passing a law based solely on the conditions that they alone share doesn't seem like it'll fly.
That said, this is an area where I expect personal opinions will always trump law when it comes to the courts.