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Old 02-26-2012, 05:27 PM
 
Location: Silver Springs, FL
23,416 posts, read 37,001,401 times
Reputation: 15560

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Quote:
Originally Posted by Macaw1981 View Post
When historic districts move into areas where not all homeowners want to be a part of it, it is a problem. Get it? Property rights rest with individual property owners and not with preservationists who have way too much time on their hands!
Historic districts cannot just move into neighborhoods willy-nilly.
There is a whole process that has to take place, and it takes quite awhile.
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Old 02-26-2012, 05:29 PM
 
Location: Southern California
15,080 posts, read 20,474,184 times
Reputation: 10343
Quote:
Originally Posted by Macaw1981 View Post
Property rights under attack
Historic preservation is good within reason.

[ideally, it should be a partnership between the government and the property owner]
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Old 02-26-2012, 05:31 PM
 
45,226 posts, read 26,443,162 times
Reputation: 24981
Quote:
Originally Posted by kshe95girl View Post
Historic districts cannot just move into neighborhoods willy-nilly.
There is a whole process that has to take place, and it takes quite awhile.
Who pays the legal fees of the homeowner who wants to fight city hall?
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Old 02-26-2012, 05:32 PM
 
155 posts, read 134,893 times
Reputation: 72
Quote:
Originally Posted by kshe95girl View Post
I come from the oldest, most historic town in the upper Louisiana Territory, there isnt the slightest comparison between HOA trolls and historic preservationists.
Does your HD allow solar panels (when the house is facing south and there is no other option but to have them on the front)? Many HDs do monitor landscape, color etc. Anything done to the outside of the house is subject to a review and permission and possible hearing has to be done. There is fighting back such as in Arizona where prop 207 passed. Part of this bill stops a property from being declared "historic" if the owner does not ok it and sign a waiver...wonderful piece of legislation to keep these people in check and show they do not own their neighbors property.

Once again no one is stopping them from preserving their own houses. People should mind their own business.
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Old 02-26-2012, 05:32 PM
 
Location: Southern California
15,080 posts, read 20,474,184 times
Reputation: 10343
Quote:
Originally Posted by kshe95girl View Post
Historic districts cannot just move into neighborhoods willy-nilly.
There is a whole process that has to take place, and it takes quite awhile.
Agreed. The establishment of a historic preservation district can be a years long process.
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Old 02-26-2012, 05:35 PM
 
155 posts, read 134,893 times
Reputation: 72
Quote:
Originally Posted by kshe95girl View Post
Historic districts cannot just move into neighborhoods willy-nilly.
There is a whole process that has to take place, and it takes quite awhile.
Other then Arizona do these historic districts allow exceptions of individual homeowners in these proposed HDs? You know the answer. So in other words a homeowner who does not want to be part of the historic district has no choice if his neighbors and others do. Again I will say that property rights rest with individual property owners. My house belongs to me and not to my neighbors.
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Old 02-26-2012, 05:37 PM
 
Location: Southern California
15,080 posts, read 20,474,184 times
Reputation: 10343
Quote:
Originally Posted by Macaw1981 View Post
Other then Arizona do these historic districts allow exceptions of individual homeowners in these proposed HDs? You know the answer. So in other words a homeowner who does not want to be part of the historic district has not choice if his neighbors and others do. Again I will say that property rights rest with individual property owners. My house belongs to me and not to my neighbors.
The terms vary.

[not all districts are the same]
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Old 02-26-2012, 05:38 PM
 
2,836 posts, read 3,496,025 times
Reputation: 1406
All rights in property, whether in fee, tenancy, license or incorporeal hereditament, exist only to the extent provided by law. Nor are you free to do anything you wish with your property. The old shibboleth that "a man's home is his castle" was never true, for all property rights have always been subject to the power of the federal, state and municipal authority, witness the myriad laws, statutes, zoning ordinances, easements, rights or way, and use restrictions that limit the rights of property ownership. Even a prescriptive right is only valid to the extent recognized by law. If you need further proof, just try putting on an addition to your house without a building permit and see what happens to you, not to mention your property. (Recently, the owner of an high-rise office building in San Diego had to take off the top two floors because they intruded on federal airspace.) There are some jurisdictions (e.g., Glendale, Arizona) that even regulate the amount of water your toilet can flush! So if you think you’re king of your castle, you’d better start using a chamber pot for a throne.
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Old 02-26-2012, 05:40 PM
 
Location: Silver Springs, FL
23,416 posts, read 37,001,401 times
Reputation: 15560
Quote:
Originally Posted by Macaw1981 View Post
Does your HD allow solar panels (when the house is facing south and there is no other option but to have them on the front)? Many HDs do monitor landscape, color etc. Anything done to the outside of the house is subject to a review and permission and possible hearing has to be done. There is fighting back such as in Arizona where prop 207 passed. Part of this bill stops a property from being declared "historic" if the owner does not ok it and sign a waiver...wonderful piece of legislation to keep these people in check and show they do not own their neighbors property.

Once again no one is stopping them from preserving their own houses. People should mind their own business.
Somehow, I just dont see solar panels on this house, which is smack dab in the historic district where I am from.
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Old 02-26-2012, 05:40 PM
 
Location: Southern California
15,080 posts, read 20,474,184 times
Reputation: 10343
Quote:
Originally Posted by Frank DeForrest View Post
Who pays the legal fees of the homeowner who wants to fight city hall?
The homeowner, of course. However, with various incentives such as tax breaks and financial assistance available to the homeowner, he may want to strongly consider not fighting city hall.

[especially if the house is expensive to maintain]
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