Real Estate & Property Law

The Limitations on Takings for Historical Purposes

By Alan Ackerman

SWVA Today

Norfolk Southern Railway Co. owns the 0.3 acres where the depot sits. Norfolk and Western Railway, which became Norfolk Southern, sold the building, but not the land, to Jones Farm Supply in the 1960s, according to court documents. The town's actions to get hold of the depot were brought on in part by an offer from the railroad, which said it would donate the land to the town if the town could obtain the station.
Showalter's written opinion also supported Kirtner's argument that historical preservation fails to meet the requirements for a condemnation.
'The Town of Rural Retreat cannot condemn this property for historical purposes,' the judge wrote.
Showalter said the law gives the town the right to acquire property for preservation purposes but specifically prohibits using eminent domain to do so.
Quoting a March 11, 2009, letter written by Mayor Tim Litz, the judge said the town's actions were clearly intended to preserve and restore the depot.
Litz said he still hopes to see the building restored and repaired and believes that most people want the same thing. If not a museum, he said, the old wooden structure could make a great photo op. It's nothing personal against Weaver, Litz said. His worry is that the rundown look of the depot takes away from the town when the building could be adding to the town.
Still, Litz understands why it looks the way it does. He said Weaver is a smart businessman and isn't going to spend a fortune on repairs just to lose his lease.

Simply stating a building is historical is not enough for the public use requirement to be fulfilled in many jurisdictions.  The attempt to acquire is near futile in those jurisdictions which do not specifically have language allowing eminent domain proceedings to allow the condemnation of historic buildings,.

Full post as published by National Eminent Domain Blog on April 21, 2010 (boomark / email).