"Opt Out" Not a Legitimate Option for Property Owners
Despite ongoing concerns by property rights advocates, proponents of National Heritage Areas point to property rights protections that are found in a section at the end of some of the more recent Heritage Area bills. One provision they tout as being the be-all-and-end-all of protecting property rights is the ability to opt out of the Heritage Area. Despite the fact that it is physically impossible to opt out of a boundary if you are inside that boundary, land owners cannot opt out of any of the land-use regulations, down zoning, or other restrictions that result from the Heritage Area designation.
According to the Journal of the American Enterprise Institute, "enabling legislation for these (NHA) designations often contains language guaranteeing that it will not infringe upon private property rights, and specifically states that landowners may withdraw their properties from the boundaries of targeted NHAs. But what good is that concession if local governments change zoning and land-use regulations to support the NHA's goals? "
|
Realtor Magazine Recognized NHA Impact on Real Estate
Daily Real Estate News, a column in the National Association of Realtors (NAR) Realtor Magazine Online, recognized in 2005 the challenges with the National Heritage Areas.
According to the article, "Anyone who deals with real estate should be concerned about the creation of National Heritage Areas," says Peyton Knight, executive director of the American Policy Center in Warrenton, Va., and the Washington, D.C., representative for the American Land Rights Association. "Heritage Areas are actually federal land-use mandates that tell you what you can and can't do with your property. They decrease property values, and they encumber property with restrictions, making it harder to sell."
Knight claims that opposition to National Heritage Areas is growing across the country as more and more people learn about them. Here in Hawaii, the Honolulu Alliance has engaged in the national fight to oppose the designation of the Hawaii Capital NHA. Realtors concerned about private property rights and the rights of their clients living in the proposed area are encouraged to contact their local board to oppose the designation.
|
Honolulu Alliance Begins Fundraising Campaign The Honolulu Alliance was informed that the Congressional subcommittee was prepared to hear the bill establishing the Hawaii Capital National Heritage Area at the end of September. As a result, Board member scrambled to prepare briefing packets for committee members to refute the misleading statements of proponents. In addition, the Honolulu Alliance is reaching out to inform people about the impact of this controversial program which received a poor performance rating from a report by Expectmore.gov. But funding is needed to help fight the politically connected and well-funded proposed NHA managing entity - the Hawaii Capital Cultural Coalition, the group pushing for the designation. From printed materials to newsletters and updates, please consider making a token donation to the Honolulu Alliance and help us protect the rights of people and communities in the areas.
Make a donation via PayPal at the Honolulu Alliance website. Or send a check payable to The Honolulu Alliance at P.O Box 372198, Honolulu, HI 96837. Help us get the word out to stop the National Heritage Area designation. |