Preserving our Heritage

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In Washington, D.C., the home of Laura Elkins and John Robbins was raided, and government officials snooped through their drawers looking for receipts and notebooks. In Frederick, Maryland, shop keeper Eric Kasner was threatened with a fine of $500 per day because he covered up a sign from a previous tenant of the store he was renting. In San Francisco, Richard and Cher Zellman spent more than $200,000 on architects and lawyers—not contractors and construction materials—trying to convert a dilapidated barn into a rental unit.

In each instance, these Americans were doing what millions of individuals do each year. They were simply trying to renovate their property according to their goals and desires. In the process, they ran afoul of their local preservation police.

In cities across America, property owners are forced to comply with historic preservation laws. These laws can dictate virtually every aspect of a property deemed historic, from the type of siding to the style of windows, from the roof design to the color of paint. These draconian measures, according to the website for the National Trust for Historic Preservation, are intended to protect “America’s heritage for future generations.” But what is America’s heritage?

The National Trust for Historic Preservation claims that preservation is about more than “saving old buildings,” and this is true. However, preservationists have sought to “protect” properties that include “a unique location, singular physical characteristic(s) or is a landscape, view or vista representing an established and familiar visual feature of a neighborhood, community or the city.” So, while preservation is about more than saving old buildings, the focus of preservation is on the physical aspects of America’s past—land and buildings—not its true heritage.

There is nothing wrong with preserving old buildings or locations of historical importance. Much can be learned about architecture, culture, history, and those who inhabited such structures. We can learn about the heroic achievements of men like Thomas Jefferson when we visit Monticello. We can be inspired by the achievements of Cornelius Vanderbilt when we visit his mansion in Hyde Park, New York. We can be awestruck at the genius of Frank Lloyd Wright when we tour a building that he designed. But the most important lesson to be learned from these great men, and others like them, does not lie in the physical remnants of their accomplishments. The great lesson is intellectual—the ideas that led to those accomplishments. Those ideas are America’s true heritage.

For example, is it more important that children tour the gardens at Monticello or learn the principles of the Declaration of Independence? America can survive without the former; it cannot survive without the latter. Monticello is not America’s heritage; the inalienable rights of the individual—the rights to life, liberty, property, and the pursuit of happiness, are.

Fundamentally, preservationists are attacking America’s heritage in the name of protecting it.

America’s heritage is the freedom to live one’s life as one chooses, so long as one abstains from the use of force or fraud against others. It is the freedom to to seek those values that bring one satisfaction and happiness. America’s heritage is the recognition and protection of individual rights, including property rights.

The right to property means the right to earn, use, keep, and dispose of material values, including land, homes, and buildings. It means that the property owner has a right to modify his property, or raze it, as he deems best. “The right to life,” wrote Ayn Rand, “is the source of all rights—and the right to property is their only implementation. Without property rights, no other rights are possible.” In attacking property rights, preservationists are attacking America’s true heritage

If preservationists wish to protect sites that they deem historical, they are free to purchase those properties and do as they choose. Until that time, they must respect the rights of the owner. But this is not what preservationists do.

Preservationists claim that they want to preserve buildings and sites for the purpose of teaching children about our heritage. Preservationists do so by advocating laws that prohibit property owners from demolishing or renovating buildings that are deemed historical. They advocate laws that mandate certain architectural styles and materials, even when those materials are not readily available and are outrageously expensive. And what will children learn from this lesson?

In advocating laws that restrict and control the rights of property owners, preservationists teach children that might makes right. They teach children that, if you cannot convince a property owner to preserve his building, or you cannot raise the money to buy it, you can assemble a gang of like-minded individuals to pass a law. If you cannot persuade someone to your accept position, you can force him to act in accordance with your values, rather than according to his own independent judgment.

“I do not agree with what you have to say,” wrote Voltaire, “but I’ll defend to the death your right to say it.” We may not always agree with how others choose to use their property, but we must defend their right to use their property as they judge best. It is, quite simply, a matter of preserving America’s heritage.

Speaking to The Woodlands Tea Party

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On September 4, I will be speaking to The Woodlands Tea Party on “Individual Rights and the Tea Party.” The talk will be held at 1544 Sawdust Road, Ste. 402.

The event starts at 6:30 PM, and copies of my book will be available for purchase. I hope to see you there.

Zoning and Mob Rule

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In Sioux City, Iowa,  zoning officials are planning to allow casinos to proliferate downtown. Many citizens have objected, but the city’s mayor responded, “I understand all their concerns, but if we’re going to want this in downtown Sioux City, we’re going to have to be flexible.”

Meanwhile, on the other side of the state, zoning officials in Waterloo  are trying to shut down a proliferation of liquor stores. Said one resident who supports such controls, “I don’t see the point of having that many establishments, that many liquor stores in one neighborhood.”

In one instance, zoning laws have to be changed to allow for a desired business to operate. In the other instance, zoning laws have to be changed to prohibit undesired businesses. In both instances, zoning is used to achieve whatever “the people” want at any particular moment. In both instances, the law is flexible and malleable to “the will of the people.”

This is nothing more than mob rule. If the mob wants gambling, then the laws will be changed. If the mob doesn’t want liquor stores, then the laws will be changed. What was legal yesterday will suddenly become illegal tomorrow. How can any businessman operate in such an atmosphere? How can any individual plan his future when the laws are subject to such arbitrary changes?

These are not examples of a good law being used poorly. This is the nature of zoning–every zoning law on the books is subject to continual change and modification. Citizens across the nation regularly plod before zoning boards to seek variances, permits for non-conforming uses, and other exceptions to the zoning edicts. Using criteria which are never clearly defined or stated, the zoning boards will grant some requests and deny others. They will allow some to use their property as they choose, and they will smash the dreams of others.

The right to property means the right of use and disposal. It does not mean licking the feet of zoning officials and appeasing every noisy gang that wants a voice in how you use your property.