This is Jeff Joslin's Typepad Profile.
Join Typepad and start following Jeff Joslin's activity
Join Now!
Already a member? Sign In
Jeff Joslin
Recent Activity
There is a law. Unfortunately, it's the wrong law. And it's fundamental to this discussion. The "owner consent law", as it's known in preservation circles, took effect in 1996. A statewide mandate, it limits historic designations to properties where the owner is a willing participant, but for the case of publicly owned properties (such as the Memorial Coliseum). A property rights driven effort, it prevailed despite the attempted intervention by the City of Portland, the State Historic Preservation Office, the National Trust, Bosco Milligan, and other preservation organizations of the time. Unfortunately, that effort failed, and has been the law of the land since that time. As such, the City, or any other municipality cannot simply preclude demolition. It would be a takings, the City would be sued, and it would lose. Two things need to change in order to remedy this. The owner consent law needs to be repealed or modified, and - in turn - the City would need to amend the Code to include "demolition" in its definition of "development". The reason this latter piece is important is right now, land use reviews such as those mentioned only review development (alterations or new development). Total demolition is not within the purview of the review. This is important for those engaging these processes to get. The guidelines responses provided by Bosco Milligan identified above only related to demolition. While the arguments are passionate and true, they are not regulatorily relevant. In other words, the problem that's been addressed is the process and policy ("no regulation without designation"), when the problem is not within either, but lies in these overarching regulatory limitations. As an additional note: I'm concerned that shots are being fired at development for invoking green principles, including deconstruction, as being a shield to hide behind in order to rationalize a development. It's been a long road to creating a culture of development where sustainability is consistently hard-wired into most projects. To flail and penalize such projects and developers is to dis-incent them from doing so in the next project.
Jeff Joslin is now following The Typepad Team
Feb 2, 2011