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CPR: Citizens for Property Rights

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.

"Scary . . . "

was one reaction to the tongue-in-cheek picture at left, which was published as part of a Detroit News article about Citizens for Property Rights. [See]

 

If you want to save it, buy it
God bless them. "A preservation group is raising a fuss over a plan to bulldoze a 50-year-old house that reeks of cat urine and possibly black mold." If that sounds familiar, it's probably because it reminds you of the Royal Oak controversy over the deteriorating Water Works Building. [Update: 17 Aug 05: Latest news is that the city has decided to raze the building.]

In Commerce Township, historical buffs are doing the usual, including demanding that the city prove that rehab costs cannot be justified. Reporting the ongoing story, the Detroit News editorializes: "History buffs should seek private funds to preserve the 19th century site."

The Detroit News is apparently on a tear: one clipping in VersagiVoice's files is a brief editorial reminding Plymouth history buffs that "Cities should not be in the business of running movie houses." Some citizens hope to raise $2 million in private and public donations to save an old, closed, theater. The News suggests that using public funds is "fine, as long as the public funds are in the form of grants from other levels of government for preserving historic structures" and not local taxes.

In Arkansas, a 70-year-old woman living alone bought a fixer-upper which happens to be in a "historic district." The area is high-crime, so, many homes in the area have bars on the windows. She replaced deteriorated windows with vinyl and put bars on them, and she has been charged with code violations and taken to court. The government wants wood windows and removal of the bars. Strict rules must be followed, the city insists, for the district to retain its historic designation. Oh, well. -- 22 March 2005

How widespread was, is, interest in historic designation in Royal Oak?
At the peak of the Barton Towers battle, the City mailed hundreds of letters to homeowners, inviting them to volunteer for historic designation. Proponents of mandated historic designation claimed there were scores of homeowners ready to apply. Eleven finally did. Some of the statements made at the time make interesting reading, and 20-some quotations are recorded here.

All is not well in Historic Land
Developments from other areas: Franklin, Birmingham, Huntington Woods, Rochester . . .  even a landmark case about landmark designation in Illinois.

Aug 2010
Mandated historic preservation is an unfunded mandate

Homeowners are resigned to having to follow official rulings about what the homeowner cannot do. They are less resigned to city officials telling them what they must do.

In Clawson, a homeowner is being told he must pay $28,000, instead of $14,000, for replacement windows. The less expensive windows fail to meet historic preservation criteria.

The house is in a "designated historical district," and any changes to the exterior must be approved by the city's Historic District Commission. The homeowner has been in trouble with that commission before, beginning with the materials used to replace an old barn. And somewhere in there are examples of city officials, including the fire marshal, getting into the act by exerting their power of position over permits and protocol. The chairwoman of the historic district commission asserts that her panel's rules are  "similar to those of a condo association."

The homeowner maintains that the real estate salesman who sold him the house never mentioned that it is in a designated historic district and what that means. Whether or not that is true, one willingly agrees to abide by the rules and regs of a condo association. But a governmental unit forcing the choice of doubly expensive windows for the sake of appearance is guilty of imposing an unfunded mandate. The preservation effort may even become a "taking" of property -- ethically, if not legally -- depending on how hard-nosed are the conflicting parties as this confrontation continues.

August 2010
Historic Designation fight in West Virginia

"Our town council hired Taylor&Taylor & Associates from 210 miles away ( so no one would find out what they were doing ), they submitted false dates for houses ( deed dates are 40+ years newer ) and didn't inform the owners of the re-zoning designation until 4 years after they had obtained state and federal designations as historic district ( based on false application information ).

"Now they are citing everyone for anything. 3 owners cited in one day. We had standing room only at council meeting but they ignored us."

Brian Hartwell, of Martinsburg, West Virginia, reached out after seeing previous VersagiVoice coverage of Royal Oak debates re mandated historic designation. When I asked if he was willing to provide me with his last name, he agreed -- and added a more detailed description of the problem in Martinsburg as he sees it.

A more detailed description
We were blindsided and by the time they announced a hearing to vote and take comments, our homes were on the State and National Historic Registry.
 
►The firm that our town council hired, Taylor & Taylor and Associates indicated our homes were on built circa 1890, while some were as new as 1982.

►They claimed all our lots had our houses in a 1907 fire map, but the buildings on the map were, in fact, structures that were part of a dairy.
 
►They also claimed that our homes had been built by a "master". Our research indicates the oldest were simply working class ( half-I ) homes built by the man that owned the property and his employees. He died while building mine in 1923.
 
►They claimed we had Victorians from 1888. There is NO Victorian home on the street. If it wasn't us, it would be laughable.
 
We have the same situation as you except a much more rigid town council that ignored more than 80 homeowners that showed up at the meeting. Only 1 homeowner wanted the designation.
 
We have contacted Taylor and Taylor for explanation of their material misrepresentations of fact and the Dept of Interior to complain about the absolute misrepresentation of fact used to obtain the designation and what we must do to "de-designate" our homes. 
 
We have, to date, not received a reply from either.
 
It should be noted that not a single request for modification has been granted. The promised homeowner grant money is non-existent. They refuse to answer our complaints on Due Process violations as the vote outcome was pre-determined.
 
This in a town where our hourly city workers have not had a raise in 4 years, but they have tens of thousands of dollars in every budget for their historic commission.
 
A local attorney was recently ordered to install wood period windows at a cost of $1,200 per window when the exact same look was available in vinyl for less than $200 per window.
 
This wholesale theft of our property rights won't end with "historic properties" ...what's next?
 
I am trying to get things rolling to reverse the town's course and have now been cited for my home ( work was performed by prior owner and before it was designated a historical district "locally" - but they concealed the fact that they had 4 years ago had it designated a historical district at state and federal level )
 
Now, I have to go before the commission and it's leader, a well known local activist, and make my case for not being fined or having to replace my windows, doors, and siding.
 
Could I get samples of your more successful literature. I want a design that I can base our arguments on. It may cost me money but we are going to get organized and change this.
 
Brian Hartwell

Brian Hartwell reached out to VersagiVoice in August, seeking help with his fight against mandated historic designation in his West Virginia hometown. Now, after several exchanges of information, Brian writes:
We have won our fight.
They capitulated at the Historic Preservation and Restoration Commission hearing. They agreed (super easily and almost as if they did not want our allegations of the $15M in misappropriated funds brought up) to do "WHATEVER" we wanted to our property. They told us we didn't even need a building permit  (we obtained one just out of caution) and we were allowed to place stone on the face and make the other modifications that we wanted. They were denying everyone and then just rushed us through without issue....amazing!

(Crain's) — An Illinois appellate court has struck down the city of Chicago's landmarks ordinance, saying it is unconstitutionally vague, putting in jeopardy the city's protection of more than 250 buildings and 50 historic districts. The ordinance, which was enacted in 1968, prohibits any demolition or alteration of properties that are designated landmarks by the Commission on Chicago Landmarks, an eight-member body appointed by the mayor.
 
The commission, whose decisions can be overturned by the Chicago City Council, makes landmark designations based on seven standards that the court found violated the Illinois Constitution because they were too vague.
 
"We believe that the terms 'value,' 'important,' 'significant,' and 'unique' are vague, ambiguous, and overly broad," Appellate Court Judge James Fitzgerald Smith wrote for a three-judge panel. While the ruling technically involves only two of the city's landmark districts, the decision could be applied to all of the city's landmark areas, leaving them vulnerable to legal challenge, says zoning attorney Jack Guthman, a partner a partner at Chicago law firm Shefsky & Froelich Ltd., who isn't involved in the case.
"They are all compromised," Mr. Guthman said. The ruling does not immediately invalidate the ordinance, which will remain in effect until the case is over.
 
The ruling is a victory for Albert Hanna, who has waged a personal litigation campaign against the city's land-use ordinances and was one of two plaintiffs in the case. Mr. Hanna, a senior vice-president with Chicago-based real estate firm Draper & Kramer Inc. challenged the Arlington-Deming District in the posh Lincoln Park neighborhood.
 
The Daley administration is considering appealing the case to the Illinois Supreme Court, a spokeswoman for the city's Law Department said.
 
"We disagree with the appellate court's analysis and its end result," she said.
While the court order technically sent the case back to the Circuit Court of Cook County for trial, it effectively decided the constitutionality of the ordinance.
 
"This could have the end result of invalidating the ordinance because the appellate court decision doesn't really give the circuit any room to find otherwise," the law department spokeswoman said. The city's landmark districts cover some of the city's most historic areas, such as Astor Street in the Gold Coast and the Prairie Avenue District on the Near South Side.
 
Real estate developers and zoning lawyers have complained that the districts have sometimes been used to effectively "downzone" neighborhoods, reducing the size of new buildings by limiting any new construction. The Historic Michigan Boulevard District, which was established in 2002, was opposed by many property owners in the district, which stretches along Michigan Avenue from Randolph Street to 11th Street.
 
The ordinance uses the same criteria for landmarking individual properties and for creating landmark districts.
 
The other plaintiff, Carol C. Mrowka, challenged a landmark district in the East Village neighborhood on the city's Northwest Side. The plaintiffs were represented by Chicago attorney Thomas Ramsdell. Appellate Court Judges Margaret O'Mara Frossard and Michael P. Toomin joined in the decision.
 


 

 

 

 

CPR Quick Finder

HistoricTroubles in West Virginia

Chicago's Landmarks Ordinance declared unconstitutional

Why CPR was formed

The Bank Building at Fourth & Main
has had a lot of historical attention

Homeowners are as much at risk as commercial property owners

Citizens for Property Rights organized When the Barton Towers neighborhood was threatened with mandated historic designation,.

CPR's dialogue with the City Commission

Quoted without Comment
Residents, government, the press -- all had something to say during the battle of Barton Towers.  [go]

Historical Groups serving Royal Oak
Official and Volunteer 

Historic District Study Committee news 

Chopping down the Bank's Pillars
During the extended public dialogue about declaring the Fourth & Main Street Bank historic, the Detroit News published this picture story about the controversy.

HistoricTroubles in West Virginia
"We won!