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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. |