WASHINGTON -- Sen. George Allen is coming under a
surprising attack over his bill to preserve a historic corridor stretching from
Thomas Jefferson's Monticello in Virginia to Gettysburg, Pa.
The Virginia Republican's bill to create a national
heritage area, a relatively new designation created by the National Park
Service, has drawn strong criticism from a conservative group concerned about
guarding property rights.
Allen often describes himself as a "Jeffersonian
conservative" opposed to federal "meddling," said Peyton Knight of the
Washington-based National Center for Public Policy Research in a written
broadside this month.
"However, if you fail to support your rhetoric with
substance, you're all hat and no cattle," cautioned Knight, the group's
director of environmental and regulatory affairs.
Knight contended in an interview that Allen's bill would
threaten property rights and has nothing "that limited-government, pro-property
rights conservatives would like."
Allen's top spokesman replied that if the group thinks his
bill jeopardizes property rights, "I don't think they have read the
legislation."
"Senator Allen walks the walk and talks the talk, and this
bill is directly consistent with the principle of protecting personal, private
property rights," said John Reid. He said it also preserves a national
legacy.
The critics' claims are baseless, echoed Cate Magennis
Wyatt, head of Waterford-based The Journey Through Hallowed Ground partnership,
a nonprofit group supporting the national heritage area of the same name.
To buttress her views, Wyatt pointed to a U.S. General
Accounting Office study in 2004 that stated, "Heritage areas do not appear to
have affected property owners' rights."
The legislation was introduced in April by Allen in the
Senate and Rep. Frank R. Wolf, R-10th, in the House. A Senate panel has held
one hearing; when a House panel holds a hearing, perhaps late next month, it
may be urged to look at the property-rights issue.
"I am confident that this legislation protects the
constitutional rights of property owners while allowing responsible stewardship
of this region," Allen said in a statement upon introducing his bill.
Parts of the corridor are threatened by sprawl, mostly
from the Washington area. The corridor follows U.S. 15 and state Route 20.
Knight, of the National Center, lives in Warrenton, which
would be part of the heritage area.
He disagreed with Allen's assurances, saying the bill sets
up a management entity to oversee land-use policy in the region. It would be
made up of groups hostile to property rights and could use federal dollars
toward land acquisition and restricting land use, he said.
As for heritage areas in general, Knight said Congress is
weighing changes to boundaries for an existing heritage area in Arizona after
local residents raised issues about its size and the potential for more federal
oversight.
Allen spokesman Reid countered that property owners don't
have to worry about Allen's bill. Key provisions specifically bar the
management entity from infringing on private property rights, he
maintained.
No land may be acquired for the heritage area by
condemnation, Reid emphasized. The issue of a local government's taking land
grew especially contentious after a Supreme Court decision last year permitting
a city's condemnation of property for economic-development purposes.
Parts of four states would be affected by Allen's bill.
Numerous local jurisdictions have voiced support for the historic corridor,
according to Wyatt of The Journey Through Hallowed Ground.
Maryland Gov. Robert L. Ehrlich Jr., a Republican,
endorsed Allen's legislation in a letter dated Aug. 1.
Ehrlich wrote that he, Virginia Gov. Timothy M. Kaine, a
Democrat, and District of Columbia Mayor Anthony A. Williams "agree that this
legislation is important to the continued success of our region as an
international destination for tourism."
On Friday, a reporter was unable to reach key aides for
the governors of Pennsylvania and West Virginia to learn their positions on the
bill.
Wolf, meanwhile, defended the legislation last week.
"It's not accurate that there are any threats with regard
to property," Wolf said.
The legislation is modeled after a similar Shenandoah
Valley plan that he and allies pushed in Congress, Wolf said. Some
property-rights concerns were raised at first, he said, then people learned
more about the bill.
"Since it's passed," Wolf said, "everyone in the
Shenandoah Valley . . . thinks it's a very good thing."
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