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CPR: Citizens for Property Rights |
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Citizens
for Property Rights is an informal coalition of citizens dedicated to the preservation of property rights,
in favor of voluntary historic preservation,
but opposed
to mandated historic designation. |
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CPR's
dialogue
with the City Commission
These
continually updated excerpts from CPR comments before the City Commission
illustrate the content and tone of CPR's campaign to repeal Royal Oak's
four historic ordinances. Click on a link below to jump directly to a
particular date or browse through all the records.
The
Historic Dialogue Expands
The Sunday, June 25,
issues of the Detroit News and the Daily Tribune published stories about
CPR's campaign to repeal Royal Oak's historic ordinances. Even if just
skimmed, the headlines and opening paragraphs project CPR's message to
thousands. About the photo of Frank with an axe accompanying the News's
piece, Frank had hoped the caption would read more like, "This is the
image many preservationists have of those who oppose mandated historic
designation."
Click
here for the Detroit News story.
The calls have begun,
so here are some thoughts which may help CPR supporters comment on some points raised,
especially in the Trib's story.
| Point
raised in story |
Comment |
| Royal
Oak's City Commission is very protective of property rights |
CPR
is not attacking the City Commission. We are seeking and distributing
pro and con information about historic districts, no matter who serves
on the Commission. |
| "Demolition
by neglect" is a common concept which applies to all property, historic
or not. |
Exactly.
So why do we need a separate ordinance for historic property? |
| Local
historic ordinances give people the right to restore structures as
long as they follow agreed- upon national standards. |
Great
for a property owner who wants historic designation, but historic
designation should not be forced on anyone. |
| Repeal
of the historic ordinances will deprive people of the right to get
historic designation. |
Let's
follow this Orwellian logic: Forcing someone into historic designation
is the price we have to pay to make it possible for those who want
such designation to get it. Amend the State law! |
| The
City has received no feedback from residents about CPR. CPR is a "fringe
group with an axe to grind." |
There are
three-and-a-half comments here:
1) CPR hopes the Mayor is not suggesting that the City Commission
will pay attention only when100 angry citizens attend a rally.
2) After years
of effort, except for the eleven "preservation pioneers" have we
seen any demonstration of support for the historic ordinances?
3) Are we to
assume that historic preservationists have no "axe to grind"?
1/2) It is
always rewarding when one's opponents in a debate feel compelled
to resort to name-calling.
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City
releases list of ‘preservation pioneers'
Responding
promptly to a request made at a City Commission meeting, City Manager
Lawrence Doyle has provided Citizens for Property Rights the names
of the eleven individuals who are seeking historic designation of their
homes. CPR has no intention of publishing the names. The request was made
in the interest of keeping the tax-funded process for seeking historic
designation transparent to the public.
City
Commission Meeting - 19 June 2000
The
threat to property rights is real
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Tonight, CPR
begins informing Royal Oak citizens of specific threats to their
property rights posed by the City's four historic ordinances.
The City Commission
has said that seeking historic designation is "voluntary."
CPR wants Royal
Oak property owners to know that the City's historic ordinances
authorize the government to enter one's home, make city-specified
repairs, and charge the homeowner for the costs. Here's how it happens.
Ordinance 95-13
uses the phrase "demolition by neglect." That phrase is common in
ordinances around the country but is interpreted differently in
Washington, DC, say, than in Palo Alto, California -- which are
among the cities CPR has researched.
If someone acting
under the authority of Royal Oak's ordinance decides that you are
not properly maintaining a property which has been designated historical
or a non historic property within the boundary of an historic
district, the city may mandate repairs -- or else. Listen to
the specific language in the ordinance:
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If the owner
does not make repairs within a reasonable time, the Commission or
its agent may, upon obtaining an order from the Circuit Court, enter
the property and make such repairs . . . The costs of the
work shall be charged to the owner, and may be levied as a special
assessment against the property.* (Bold face emphasis in CPR's.)
Does granting
the government the right to enter your property and to force you
to make specified repairs sound "voluntary" to you?
Think about
that language the next time someone tells you that Royal Oak's historic
ordinances do not restrict your property rights.
It is easy to
make the process of seeking historic designation truly voluntary
and to make all the public controversy go away. Just repeal Royal
Oak's four historic ordinances.
*Section
10(A)2
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City
Commission Meeting - 05 June 2000
Fact-finding
Report Nbr. 2
In the
spirit of open fact-finding, CPR wants to address the matter of so-called
"hidden agendas."
Both
those supporting and those opposing Royal Oak's four historic ordinances
have used the term "hidden agenda" to suggest that something other than
the debate about historic districts is driving the dialogue. Briefly:
- Those who oppose
the historic approach to property rights suspect that the hidden agenda
is to place roadblocks in the way of any and all
development.
- Those who support
matters-historic suspect that partisan politics
is at work.
Let's
expand on those two no-longer hidden agendas.
CPR supporters
are uneasy that many of the same individuals who repeatedly expressed
anti-development sentiment during the Master Plan debate serve on the
several Royal Oak historic agencies. That uneasiness becomes greater
when an Internet search about historic ordinances makes clear the negative
view of developers held by many historical proponents. Not always. Certainly
in old New England, preserving the truly historical character of streets
and waterfronts and colonial structures is a valid goal.
On their
part, Royal Oak's historic buffs see that several of their opponents during
the Master Plan debate are involved in this current controversy about
historic districts. And their suspicion is that those business-type
guys and gals are politically motivated, that they are out to defeat specific
City officials.
Some
of the people on that side of the argument are suggesting that CPR is
simply a front for such politically oriented business owners.
Now that
we've unhidden the agendas, a minute or two of clarification about CPR.
CPR is
a work in progress. After only one public meeting, we already have support
cards signed by almost as many homeowners as apparently have orally
asked for historic designation. As far as we now, each of the few business
owners who have offered support is also a Royal Oak homeowner. A handful
of home-owning business owners have chosen not to join CPR so as not to
restrict their individual freedom to use other than CPR's fact-finding
approach to fighting historic designation.
Fewer
than a handful of CPR supporters have suggested that the group also take
an early political stand, but CPR's founding mothers and fathers maintain
that any political stance must come later, if at all. Like politicians,
CPR will be counting votes, but partisan political action must
not come at the price of compromising our nonpartisan goal to repeal Royal
Oak's four historic ordinances.
Suggestion
One
Starting
in September, CPR challenges city-appointed spokespersons to a series
of debates before a succession of neighborhood associations. In those
debates, Royal Oak property owners, residential and commercial, can hear
all the arguments pro and con and can ask any questions they wish. If
any or all of the city-appointed historic agencies agree to participate,
CPR is ready to work with them to develop the debate format which will
best serve the public.
Suggestion
Two
Repeal
the four historic ordinances. Then, working with the same dedicated historical
people who now staff the several Royal Oak historic agencies, create
a totally voluntary Historic Advisory Council. Using the knowledge
they already possess, those volunteers can help guide property owners
through the admittedly cumbersome state process for seeking historic designation.
They can also assume the responsibilities specified now in Ordinance 95-14.
Knowledgeable
and dedicated volunteers helping willing homeowners work through a truly
voluntary process. What could be less controversial?
City
Commission Meeting - 01 May 2000
During
the commission's April 17 discussion which led to the Resolution to make
historic designation "voluntary," Mayor Cowan seemed to distinguish between
residential and nonresidential property.
CPR has
been unable to find such a distinction in any of the definitions of "resource"
or of "historical resource" in the four Royal Oak ordinances or in the
enabling Michigan Act.
You may
not be able to pull the citation from memory tonight, but by the next
Commission meeting can you refer us to the language upon which the City
Commission will base a decision to treat residential and commercial property
differently in this historical context?
Fact-finding
Report Nbr. 1
From
time to time, CPR will report the answers to questions which have been
asked of us or by us. If helpful, CPR will comment on its finding.
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The
Question
This report
concerns the obvious confusion about who asked for historic designation
in the first place. The number mentioned on several occasions
has ranged from 30-some to 40-some, but there has been no documentation
either of the number or of the identity of those homeowners who
are interested in becoming part of an historic district.
Because of the
confusion, CPR wrote simultaneously to the chairs of three City-appointed
historic agencies asking for a copy of any list of such homeowners
and whether they had made their request in writing or orally. CPR
sent e-mail copies of the letter to the Mayor and City Commissioners.
The spouse of
one of the chairs called CPR to state that there is no list, that
the number cited is the result of informal discussion among like-minded
homeowners. City Manager Doyle called and said there is no list.
For the record, Mr. Doyle took exception to the phrase "historic
designation" in CPR's letter, although that phrase appears in the
Mayor's letter to homeowners. CPR will follow up on the proper use
of the term.
So the Found
Fact seems to be that there is no list of homeowners seeking
to become part of an historic district.
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CPR's
Comment
Obviously, some
of the confusion has been generated because the public has the impression
that when the historic leaders proclaim those numbers in public
meetings the leaders are speaking officially, not simply as individual
homeowners.
In any case,
we have here a City-financed project based on the impression that
"a number of property owners . . . desired . . . to have their home
studied"-- in the words which Mayor Cowan used in his April 17 letter
to homeowners.
Which leads
to another question or two. How, in what form, was that desire
made known? To whom? Without a list of names, without a document
of any sort, one can understand the uneasiness of those who suspect
the requesting citizens may be mostly members of the several City-appointed
historic agencies.
The Mayor speaks
of this first try at establishing an historic district as a "pilot."
In that spirit of experimentation, CPR suggests that the process
needs to be less casual and more transparently accountable if the
public is not to suspect that the aesthetic preferences of an appointed
few are not being arbitrarily imposed on the unwilling many.
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City
Commission Meeting - 17 Apr 2000
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My name is Frank
Versagi. I live at 25975 York, in the lovely but decidedly nonhistoric
Huntington Woods section of Royal Oak.
Since 1994,
the City of Royal Oak has enacted four ordinances related to historic
districts.* All four derive their power from the State of Michigan
Local Historic Districts Act. That Act allows, it does not mandate
that cities enact such ordinances.
A common phrase
in the Act** and in the ordinances seriously threatens property
rights. That phrase is "proposed historic district," and it makes
it easy for proponents to ask the City Commission to impose restrictions
on property which is merely ". . . under review by a committee .
. ." It would seem, for example, that Ordinance 96-15 was rushed
to amend 95-14 with language which applies "the same powers that
would apply if the proposed historic district was an established
historic district." And, of course, the City Commission added its
favorite control device — a moratorium.
Add to that
the fact that the now notorious Windshield Survey contains this
sentence: "Almost every street in the City of Royal Oak boasts at
least one historic resource that has achieved the minimum age requirement
of 50 years."
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As a humorous
aside, Elaine Robinson's report several times uses the word "contagious"
where it should be "contiguous." I only hope "contagious" is a mistake,
not an expression of hope about how far and how fast historic districts
will spread.
For the benefit
of all the homeowners in Royal Oak, not just those in the currently
targeted neighborhood, I encourage all individuals and groups who
oppose mandated historic districts to mount and sustain a campaign
— in their neighborhood associations, in the media, through service
clubs, fraternal organizations, church groups, civic organizations,
at the ballot box, in the courts — to repeal Royal Oak's historic
ordinances.
Let us preserve
for individual homeowners the power to seek historic designation;
let us preserve for the City the power to control only those historic
properties the City owns, like the charming Starr House.
*94
-21, 95-13, 95-14, 96-15
** 399.201a (p)
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The public
dialogue about historic districts is going to continue for a long time.
Think years, not weeks or months. Because the issue involves property
rights, emotions will occasionally run high. Individuals and the groups
to which they belong may not always agree. Individuals and the several
groups may differ about how to address a specific controversy.
For the
record, Citizens for Property Rights — operating as a fact-finding and
informational group — will not engage in personal attacks upon those with
whom we disagree. And CPR will never distribute a piece of literature
which does not contain at least its name and a phone number.
Two examples
are being distributed here tonight: The first is a statement of CPR principles;
the second lists the names and telephone numbers of those individuals
serving on the several City-appointed historic agencies.
Whenever
possible, CPR's literature will appear on green paper. Green symbolizes
our grassy lawns and the money we have invested in our property.
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