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Property Groups Cry Foul Over 'Heritage Areas'
By Nathan Burchfiel CNSNews.com Staff Writer August 23, 2006
(CNSNews.com) - As Virginia Republican senator and likely
2008 presidential candidate George Allen throws his support behind a proposed
"National Heritage Area," property-rights advocates worry that he's advocating
federal control over the land.
When a region of the country is designated as a National
Heritage Area, Congress appoints a management entity made up of preservationist
groups to work with the National Park Service to develop a management plan for
the region. The stated goal is to create "large-scale, community-centered
initiatives collaborating across political jurisdictions to protect
nationally-important landscapes and living cultures."
In June, Allen announced his support for making a 175-mile
stretch from Charlottesville, Va., to Gettysburg, Pa., a federally recognized
"heritage area." If Congress passes the proposal, the region would become the
28th National Heritage Area.
Property rights groups worry that National Heritage Area
designations could allow the federal government or preservationist groups -
which can include staunch environmental activists - to usurp property rights
and retard development.
"They're given very broad discretion in terms of what areas
they want to target for preservation or acquisition," said Peyton Knight, the
director of environmental and regulatory affairs at the National Center for
Public Policy Research. "It basically translates into whatever these activists
and the federal government deem appropriate, they can do."
Knight told Cybercast News Service that such a designation
could "spell restricted land use and lost property rights for residents within
the boundaries."
Brenda Barrett, national coordinator of National Heritage
Areas for the Park Service, disputed Knight's claim. The federal government has
no control over land use policies, she said, and management entities do not
have the power to set land use regulations.
"The goal is to bring together partners at the state, local
level and the national level to tell the same stories and to pool assets, not
necessarily cash assets," Barrett said.
Barrett said the appointed management entity would "create a
management plan, which is a little misleading, because it's not really a
management plan, but it's a plan of partnership - who is going to work
together, what are the stories we're going to tell, what are some of the
actions we're going to take."
But Knight said the partnership between the federal
government and preservationist groups creates the opportunity for "strong-arm"
tactics that could coerce local governments to do the bidding of environmental
groups.
"They don't have the power to change land use by themselves,
but what they are given is millions of dollars in federal funding and the
backing of the National Park Service to foist these changes through local
legislatures, zoning boards, what have you," Knight said.
According to Knight, the federal involvement allows the
management entity to say, "'we have the backing of the federal government on
this. We have a massive amount of federal funding appropriated to us telling us
to do this and now you need to do it.'"
He said the groups "strong-arm them and they are permitted
to pass federal funds to local authorities in an effort to get them to do this,
to get them to carry out their plan."
Barrett emphasized that Heritage Area legislation is
"extremely clear that there are no land use or other requirements" imposed on
the local governments in those areas and that none of the residents in existing
areas have complained of curtailment of their property rights.
The current 27 National Heritage Areas include 40 million
Americans' homes, and an additional 22 proposed Heritage Areas are being
considered by Congress. Those facts, Barrett argued, show that Americans
support the designation and aren't concerned that it puts property rights at
risk.
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