Hallowed Ground Heritage Area puts Property Rights on Table for Virginia
 

 

July 8, 2006

 

By Jane Hogan jnhogan@moonstar.com

 

 

Look no farther than Yuma, Arizona, for proof that the Hallowed Ground Heritage Area threatens property rights.

 

Congress established the Yuma Crossing National Heritage Area in 2002 for preservation of wetlands and historic districts, and unbeknownst to the citizens all the land in between.

 

By early 2004 alarmed calls to the Farm Bureau led to a series of meetings to restrict the activities of the planners. On February 27, 2004, a high percentage of nearly 600 farmers and homeowners signed a letter opting out of the area, while only one of them said he had known his land was included prior to 2003.

 

The Farm Bureau president reported there were “instances where Yuma city staff had tried to place restrictions on property because of the heritage area overlay” (Heritage Area Dilemma Defused, Yuma Sun, April 7, 2004 http://sun.yumasun.com/google/ysarchive4606.html).

 

By May, the City Council heard resolutions requested by both farm bureau and heritage area officials to reduce the size of the area and to adopt “a city policy prohibiting city staff members from using the heritage area as a basis for any type of regulation” (Yuma Sun, Yuma, Arizona, May 17, 2004).

 

In March 2006 Congress finally acted to reduce the size of the heritage area to the historic districts and wetlands. The accompanying House Report (for H.R.326) stated, ”The fear of adverse impacts on private property rights were [sic] realized when local government agencies began to use the immense heritage area boundary to determine zoning restrictions.” 

 

We in Virginia may profit by their example. Strongly urge Frank Wolf and George Allen to withdraw legislation for the Journey Through Hallowed Ground (JTHG). 

 

 

Copyright 2006, The Free Lance-Star.

 

http://admin.fredericksburg.com:8080/News/FLS/2006/072006/07082006/204323

 

 

Additional researched, recommended reading:

 

 

Property owners express concerns with Yuma Crossing National Heritage Area Boundaries http://sun.yumasun.com/google/ysarchive3804.html
 
Virginia Department of Conservation & Recreation Homepage http://www.state.va.us/dcr/dnh/index.html
 
http://www.state.va.us/dcr/dnh/invent.htm (see the Inventory Section)
 
http://www.state.va.us/dcr/dnh/index.html and did a simple site search for a few keywords. "JTHG" and "Hallowed" didn't turn up anything, but a hunch -- "battlefields" -- did.
 
"To amend the Yuma Crossing National Heritage Area Act of 2000 to adjust the boundary of the Yuma Crossing National Heritage Area, and for other purposes. (Reported in Senate) HR 326 RS"
 
 
Virginia Invasive Species Management Plan
 
 
Page 5 (Acknowledgements): "Special thanks also go to The Nature Conservancy for providing funds for the planning process..." Appendix C, page 35; TNC is listed as a member of the Virginia Invasive Species Advisory Committee (no surprise there; TNC is probably on such committees in every state).
 
Page 13: "Geographic Extent of this Plan: This management plan covers all lands and waters within the Commonwealth of Virginia, as well as that portion of the Chesapeake Bay from its mouth to the Virginia-Maryland state line, and near-shore waters of the Atlantic Ocean. However, it must be understood that invasive species are not limited by political boundaries. Therefore, elements of this plan call for coordination and partnerships with regional and national efforts to prevent and control invasive species infestations."
 
See page 39 for reference to battlefields.
 
Page 37 references "voluntary compliance"
 
Page 46: "Homeland Security Pests & Diseases"
 
Page 51 makes reference to "compliance agreements" ... "to ensure compliance"
 
Page 59: "VDACS’ CAPS/Invasive Species position compiled and disseminated information about the presence, distribution and population levels of exotic plant pests in Virginia. This position develops and provides informational material to VDACS inspectors and other stakeholders to enhance pest detection activities and to ensure compliance with exotic/invasive pest regulations and quarantines. Plans are to establish a VDACS web site to provide educational information on exotic plant pest species."
 
 
"Welcome to the home page of the Virginia Department of Conservation and Recreation's (DCR) http://www.dcr.virginia.gov/index.htm Natural Heritage Program, an agency of the Natural Resources Secretariat. Our mission is conserving Virginia's biodiversity through inventory, protection and stewardship. The Natural Heritage Program represents a comprehensive effort to save Virginia’s native plant and animal life and the ecosystems upon which they depend through inventory, conservation information provision, protection and stewardship. As a member of NatureServe http://www.natureserve.org the Virginia Natural Heritage Program contributes to an understanding of global biodiversity and helps to provide for the conservation and recovery of the earth’s common, and rare and endangered species and threatened ecosystems." http://www.state.va.us/dcr/dnh/index.html http://www.dcr.virginia.gov/dnh/
 
Natural Area Inventory - "DCR's natural heritage inventory is the most comprehensive, statewide inventory documenting the location and ecological status of rare plant and animal species and natural communities. This ongoing inventory is conducted by staff ecologists, botanists and zoologists, contract staff, volunteers and cooperators. Inventory efforts focus on globally rare species and communities. Aerial photographs, geology, soil and topographic maps and a good understanding of the species and communities habitat requirements direct the scientists efforts. All work is conducted with the permission of the landowner. Natural Heritage scientists collect information on approximately 233 natural community types, 194 vertebrates, 611 invertebrates, and 625 plants representing approximately 36% of the state's vertebrate species and 28% of the state's plants. Over 1800 conservation sites, containing more than 5000 rare species populations and natural communities have been found to date. In addition to inventories for specific plants and communities, inventories are conducted to assist private and public land managers. Recent inventories have included: all National Park Service lands, the Appalachian Trail, major Department of Defense facilities, National Forest lands, State Parks, and others. Inventory staff also took the lead role in a multi-state, coastal migratory songbird study, which served as a model for follow-up projects in the northeast and gulf coast. The work is leading to the development of sound conservation measures for migratory songbirds on Virginia's eastern shore. To see the staff of the Natural Heritage Inventory section:" http://www.state.va.us/dcr/dnh/employ.htm#inv http://www.state.va.us/dcr/dnh/invent.htm
 
Virginia Invasive Species Management Plan http://www.dcr.virginia.gov/dnh/vaisc/documents/VISMP_final.pdf (661 KB, 82 pages)
 
CAPS - The USDA Cooperative Agricultural Pest Survey program
 
CB - Chesapeake Bay
 
CBFO - The Chesapeake Bay Field Office, Annapolis, Maryland
 
DCR - Department of Conservation and Recreation
 
DM - Data Management
 
EFOIA - Electronic Freedom of Information Act http://www.blm.gov/nhp/efoia/index.htm
 
FGF - Federal Grant Funding
 
NHP - National Historic Park
 
NHP - Natural Heritage Plan
 
PFW - Partners for Fish and Wildlife - USFWS
 
Political boundary - no definition
 
RSA - Resource Study Area
 
SAMP - Special Area Management Plan
 
Sanctuary reef - no definition
 
VAISC - Virginia Invasive Species Council
 
VANHP - The Virginia Natural Heritage Program http://www.state.va.us/dcr/dnh/index.html
 
VISMP - The Virginia Invasive Species Management Plan http://www.dcr.virginia.gov/dnh/vaisc/documents/VISMP_final.pdf (661 KB; 82 pages)
 
 
Anti-Property Rights Initiative Gets Boost from Unlikely Source: Senator George Allen
 
 
August 18, 2006
 

To: National Desk

 

Contact Peyton Knight of the National Center for Public Policy Research, 202-543-4110

 

Washington, D.C. /U.S. Newswire/ - Nearly one year after the U.S. Supreme Court's shocking Kelo v. New London decision touched off a firestorm of bipartisan support for stronger property rights protections, some anti-property rights groups are receiving support from a surprising source: Senator George Allen (R-Va.).

Senator Allen is the chief sponsor of legislation that would create a massive federal "National Heritage Area" that would stretch from Charlottesville, Virginia, through Frederick County, Maryland, and end in Gettysburg, Pennsylvania. Such areas are best described as heavily regulated corridors where property rights may be strictly curtailed.

Allen's bill would deputize special interest groups -- many with clear anti-property rights agendas -- and federal employees to oversee land use policy in the corridor.

"Senator Allen often describes himself as a 'Jeffersonian' conservative, which he defines as someone who doesn't like 'nanny, meddling, restrictive, burdensome government,'" said Peyton Knight, director of environmental and regulatory affairs at the National Center for Public Policy Research. "However, if you fail to support your rhetoric with substance, you're all hat and no cattle."

Sen. Allen's initiative in some ways resembles a pork-barrel earmark, as it disburses funds to pre-selected preservationist interest groups. Unfortunately, it is even worse than an earmark, as it would threaten property rights by:

1) Creating a "management entity" to oversee land use policy in the area composed of groups that have a record of being hostile to property rights.

2) Directing this management entity to create an inventory of all property it wants "preserved," "managed" or "acquired."

3) Giving the management entity the authority to disburse federal funds for the purpose of land acquisition and restricting land use -- an enticement for such activities.

"This is a transparent effort by "not in my back yard" elitists to milk millions of dollars from the nation's taxpayers to mandate gentrification of their rural landscape. These bluebloods want their pretty views and bucolic fields preserved in perpetuity at the expense of property rights, small landowners and farmers, and taxpayers," said Robert J. Smith, a senior fellow at the National Center.

"It is remarkably similar to the exclusionary zoning for 'green space' and 'open space' that roiled New Jersey politics and communities for a quarter century," Smith adds. "Such policies were ruled unconstitutional by the New Jersey Supreme Court in the Mount Laurel decisions for being economically and racially discriminatory, and as an effort to lock out low and moderate income families and especially people of color, blacks and Hispanics."

Mychal Massie, national chairman of the African-American leadership network Project 21, which is affiliated with the National Center, notes the impact of Allen's bill will be felt disproportionately.

"Senator Allen's Heritage Area scheme is further evidence of the chasm that develops between working families and elected representatives once they are in office," said Massie. "Allen's measure would restrict and limit land use to all but the very wealthiest, and would severely and unjustly handicap families and individuals of moderate means."

Roger Pilon, director of the Cato Institute's Center for Constitutional Studies, notes the irony that overzealous preservationists at Thomas Jefferson's Monticello are corrupting Jefferson's legacy, ostensibly in an effort to protect it: "They want to traduce Jefferson's views in order to save his views."

Citizens of Virginia, Maryland and Pennsylvania might look to property owners caught within the boundaries of the Yuma Crossing National Heritage Area in Arizona to catch a glimpse of their possible future.

The chairman of the U.S. House of Representatives Committee on Resources has filed a report explaining the situation in Yuma. The report, which accompanies legislation designed to amend the Yuma Heritage Area in order to protect property owners, states:

"When the Yuma Crossing Heritage Area was authorized in 2000, the public in Yuma County did not understand the scope of the project and was surprised by the size of the designation ... Concerns were raised by citizens about the size of the designation and the potential for additional Federal oversight. The fear of adverse impacts on private property rights were realized when local government agencies began to use the immense heritage area boundary to determine zoning restrictions."

Thomas Jefferson was quite clear in his views regarding property rights when he wrote: "The true foundation of republican government is the equal right of every citizen in his person and property and in their management."

Robert J. Smith adds: "No one supporting such plans and legislation attacking the underlying principles of a free society can conceivably then have the hubris to attempt to wrap themselves in the mantle of Mr. Jefferson's belief in individual liberty, or in Ronald Reagan's inclusive conservative Republicanism."

"It dishonors 250 years of American history and freedom - from Abraham Lincoln's genuine Hallowed Grounds in Gettysburg to Thomas Jefferson's Monticello mountaintop," he said.

~~~~~

For more information on this issue, see "The Journey Through Hallowed Ground National Heritage Area: An Example of How Pork- Barrel Politics Can Threaten Local Rule and Property Rights," by Peyton Knight, available online at http://www.nationalcenter.org/NPA540HallowedGround.html - or "Assertions vs. Reality: The Journey Through Hallowed Ground National Heritage Area Act of 2006," by Peyton Knight, available online at http://www.nationalcenter.org/NPA548.html

The National Center for Public Policy Research is a non-partisan, non-profit educational foundation based in Washington, D.C., founded in 1982.