"One of the big issues in historic designation nationwide, of individual buildings as well as districts, involves "takings." The 5th & 14th Amendments to the US Constitution require that the government provide "just compensation" for "taking" private property in the public good."
Has any plaintiff ever successfully challenged a historical designation of a property based on this Constitutional argument? I have heard this "takings" argument trotted out before as a basis for opposing HD districts, but I have never seen anyone actually reference a case citation where a plaintiff successfully challenged it under constitutional grounds. It seems to me that since HD districts exist through out the U.S., somebody would have challenged it by now, and if they had won, others would have challenged it as well. If they have challenged it and LOST, then clearly, it is not considered a "takings" such that compensation is warranted. Therefore, an HD designation does not violate the Constitution.
But courts make bad decisions all the time, and I regard this as a bad decision. (For one thing, the "compensation" tends to be the implicit rise in property values-- not an explicit compensation for property rights taken. If my rights are affected, I'd prefer that the compensation be more definite and reliable-- say, a tax break for living in an HD. That, at least, is clear compensation.)
But the fact remains: Regardless of how _we_ feel about our rights, the courts will not agree with us if we agree to go under HD rules.
So what does this mean? Well, If the courts will not protect what we regard as our rights when we go under HD rules, then that's a _damn_ god reason to _not go under HD rules in the first place_.
It's a bit like entering the military: when you enlist, you forfeit a great number of your rights as a U.S. citizen. So, don't endanger your rights by enlisting.
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