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NHAs and Economic Development
One of the stated purposes of National Heritage Areas is to promote economic development within the area. Inventories of properties and sites within the region are required as well as recommendations
concerning their protection, enhancement, management or development. Acquisition of land for developments proposed by the management group or the National Park Service has been promoted in some areas.
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The Fifth Amendment of the U.S. Constitution prohibits the taking of private property by the government except for public use - for roads, hospitals, etc. Over time, the term public use has been applied more broadly to include projects such as urban renewal. The U.S. Supreme Court, ruling in Kelo v. New London in 2005, extended the concept of public benefit further to include economic development by a private party. Following the Kelo decision, governments may condemn private property and transfer it to another private party who proposes to use it in a way the government deems more beneficial to the public. Basically, the U.S. Supreme Court held that anyone's home or business can be taken if the government thinks someone else can make more money with the land.
Following the Kelo ruling, in some regions of the U.S., residential neighborhoods and areas with sound businesses are being condemned for shopping malls or retail projects - the public benefit of these projects being to increase the tax revenue for local government.
This is what was attempted in the Wheeling W. VA. National Heritage Area. Their NHA management plan called for condemnation of 90% of the downtown area for a Victorian themed outlet mall. Residents and taxpaying citizens of Wheeling fought this scheme to the State Supreme Court [Read more about Wheeling].
Did You Know:
Hawaii is one of only seven states in the country that has not yet enacted legislation to limit abuse of eminent domain for the purposes of economic development [Read the Castle Coalition's 50 State Report Card].
The residential neighborhood condemned by New London, CT, to create an "urban village" near Pfizer's proposed headquarters was never developed and sits empty to this day? [Read more at NY Times]
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Concerns About NHAs Raised by the American Farm Bureau Federation
"AFBF [American Farm Bureau Federation] submitted a statement to the National Parks Subcommittee of the Senate Energy and Natural Resources Committee...voicing concerns over the program. The AFBF statement contended that the private property rights of landowners within designated areas are affected because use of the property would be limited. According to Krause, National Heritage Area designations and funding encourage local governments to impose more land- use restrictions than they would without the program...[and] Congress should also assess the program's impact on private property rights". [ Farm Bureau News, p. 6]
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Legislative Update - Unchanged
With the adjournment of the 111th congress sine die, S. 359 and H.R. 1297 expired. Senator Inouye plans to introduce the legislation in the 112th Congress under a different bill number. The 112th Congress commences January 5, 2011. As of this writing there is no indication if either of the House members from Hawaii plan to introduce the bill in the House. The Alliance is working with Senator Inouye's staff to seek substantial modifications to the legislation to address the concerns of Alliance supporters. More information on this effort will be forth coming as we progress.
In 2004 Brenda Barrett, the National Park Service's Coordinator for National Heritage Areas, said in prepared remarks:
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Criteria have been developed, at least on paper, to ensure that community
residents and leaders are fully consulted and committed before designation" Numerous community groups, areas and homeowners continue to oppose or not support the designation and have asked to be excluded from the proposed boundary map of the area. |
