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Preservationists See Bulldozers Charging Through a Loophole
New York Times ^ | November 28, 2008 | Robin Pogrebin

Posted on 11/29/2008 10:13:16 AM PST by reaganaut1

Hours before the sun came up on a cool October morning in 2006, people living near the Dakota Stables on the Upper West Side were suddenly awakened by the sound of a jackhammer.

Soon word spread that a demolition crew was hacking away at the brick cornices of the stables, an 1894 Romanesque Revival building, on Amsterdam Avenue at 77th Street, that once housed horses and carriages but had long served as a parking garage.

In just four days the New York City Landmarks Preservation Commission was to hold a public hearing on pleas dating back 20 years to designate the low-rise building, with its round-arched windows and serpentine ornamentation, as a historic landmark.

But once the building’s distinctive features had been erased, the battle was lost. The commission went ahead with its hearing, but ultimately decided not to designate the structure because it had been irreparably changed.

The strategy has become wearyingly familiar to preservationists. A property owner — in this case Sylgar Properties, which was under contract to sell the site to Related — is notified by the landmarks commission that its building or the neighborhood is being considered for landmark status. The owner then rushes to obtain a demolition or stripping permit from the city’s Department of Buildings so that notable qualities can be removed, rendering the structure unworthy of protection.

(Excerpt) Read more at nytimes.com ...


TOPICS: Culture/Society; News/Current Events; US: New York
KEYWORDS: govwatch; preservationists; propertyrights
If the "preservationists" were ethical they would raise private money to BUY properties they think should be preserved, not use the government to trample on property rights.

This article reminds me of a side-effect of the Endangered Species Act -- encouraging landowners to kill protected animals before the government discovers they are on the property.

1 posted on 11/29/2008 10:13:16 AM PST by reaganaut1
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To: reaganaut1
This article reminds me of a side-effect of the Endangered Species Act -- encouraging landowners to kill protected animals before the government discovers they are on the property.

You are talking about environmental law of 20 years ago. It does not work that way any more. Now you don't get that pass.

2 posted on 11/29/2008 10:15:46 AM PST by gogov
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To: reaganaut1
This article reminds me of a side-effect of the Endangered Species Act -- encouraging landowners to kill protected animals before the government discovers they are on the property.

Exactly my reaction. The comparison is totally valid. In each case the government seeks to deprive a private citizen of his property rights, without any compensation. And when these laws are set up by idiot liberals, they naturally expect the pee-pul to just stand there and let themselves be hit, and not react or act pre-emptively. They never learn.

3 posted on 11/29/2008 10:19:22 AM PST by hinckley buzzard
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To: gogov

It didn’t work that way 20 years ago either. I don’t know where you were 20 years ago but there has never been a pass for killing animals to get around enviro laws. What the other poster was talking about is the old adage of shoot, shovel and shutup. A plan that works well and keeps a person’s property rights intact as long as they are not caught. Most of our stupid enviro laws are a violation of constitutional rights and should all be trashed.


4 posted on 11/29/2008 10:21:18 AM PST by calex59
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To: gogov

“The Three S-es” are still in effect. (Shoot, Shovel, and Shut-up) Landowners know they can’t be prosecuted if BigGov doesn’t know the “Lesser Rocky Mountains Ass-snapper” was ever on the property.


5 posted on 11/29/2008 10:22:49 AM PST by Redcloak ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: reaganaut1

It is like liberals say they care about health care but don’t become Doctors or Nurses, or Aids, whom I guess don’t care and are in it for the money.

Liberals say they care about Tibet. But the Chinese have been whacking away at the Tibetan for 58 years. More cowbells, er, bumper stickers.

Darfur. No one is stopping the lefties from loading up at REI and taking of to fight the muslims in Darfur.

Lefties. Talk, no walk, no reaching into their wallet.


6 posted on 11/29/2008 10:26:38 AM PST by Leisler ("Give us the child for 8 years and it will be a Bolshevik forever. " Lenin)
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To: reaganaut1

The usual NY Times propaganda for some hideous law in the works to further strip private property rights.


7 posted on 11/29/2008 10:27:25 AM PST by FormerACLUmember (When the past no longer illuminates the future, the spirit walks in darkness.)
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To: reaganaut1
This "landmark" was pretty ugly. Being old doesn't make a building a landmark. It may just make it an eyesore.
8 posted on 11/29/2008 10:28:09 AM PST by Redcloak ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: reaganaut1
A preservationist is someone who owns a home in the forest. An evil developer is someone who wants to.
9 posted on 11/29/2008 10:28:26 AM PST by Natural Law
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To: reaganaut1
Hours before the sun came up on a cool October morning in 2006...

Real breaking news in these opening lines! LOL!

Who the hell reads this prissy, irrelevant, far left rag anymore?

10 posted on 11/29/2008 10:34:00 AM PST by FormerACLUmember (When the past no longer illuminates the future, the spirit walks in darkness.)
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To: calex59

There was no pass but there were extreme reasons to make sure that no animal considered for protection resided on your land and yeah, some got rid of them before they were discovered to reside there.


11 posted on 11/29/2008 11:01:13 AM PST by tiki (True Christians will not deliberately slander or misrepresent others or their beliefs)
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To: Leisler

“Lefties. Talk, no walk, no reaching into their wallet.”

If that were all there was to it, we’d only have to suffer from their insufferable self-righteousness. Instead, they want to reach into OUR wallets, so that they can assuage their own liberal guilt AND feel superior for having taught their ‘inferiors’ a moral lesson in generosity.


12 posted on 11/29/2008 12:42:23 PM PST by Clioman
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To: reaganaut1

Progress cannot occur if we have a missplaced sentimental attachment to old buildings. Rome would be a better city if they just bulldozed the old Roman ruins and old buildings and just built anew. And yes I think Egypt’s pyramids are an eyesore. Think how much better we all would be if Mecca was turned into a shopping mall.


13 posted on 11/29/2008 4:17:05 PM PST by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: Redcloak
“The Three S-es” are still in effect. (Shoot, Shovel, and Shut-up) Landowners know they can’t be prosecuted if BigGov doesn’t know the “Lesser Rocky Mountains Ass-snapper” was ever on the property.

It may be a perception of developers that they can do this, but if the land is already designated as an environmentally sensitive area, it won't matter if there are species on it or not.

14 posted on 11/30/2008 1:14:37 PM PST by gogov
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To: calex59

Maybe the comment on “20 years ago” is more a symptom of my age. We have a tendancy to forget that those favorite songs playng in the elevator are really, really old. If 30 years ago or 40 years ago works, then use that.

The point is, you can not get away with that kind of thinking anymore.

On property rights, I think it is now established that for land to be taken for environmental reasons, the property owner must be compensated. That is the way environmental set-asides are now being structured.


15 posted on 11/30/2008 1:18:01 PM PST by gogov
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To: gogov

Well I doubt your age is much more than mine. I am 66. As far as enviro set asides, they can kiss my a** on all enviro laws. The more I can work around or outright cheat on the better I like it. Enviro laws are unconstitutional, all of them, especially if they pertain to private property. down with big government, up the republic.


16 posted on 11/30/2008 1:30:19 PM PST by calex59
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To: tiki
There was no pass but there were extreme reasons to make sure that no animal considered for protection resided on your land and yeah, some got rid of them before they were discovered to reside there.

As an ex-sawmill, plywood plant employee, may I say that one of the proudest moments of my life was when a spotted owl flew into my windshield while I was patrolling company land. Never turned it in or mentioned it.

My ex wife was a Forest Service employee and told me about the outright cheating that went on, during the Clinton dynasty, in order to put a certain piece of US forest under a no cutting rule due to "spotted owl" presence. What a crock that was! Want more info? FReep mail me and I will be glad to enlighten you.

17 posted on 11/30/2008 1:35:28 PM PST by calex59
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To: gogov
That's why you "sanitize" your property before the enviralists find out about your "Lesser Rocky Mountains Ass-snapper" infestation. My suggestion to NYC property owners would be to strip away from your property anything that some tweed-clad "preservationist" might want to use to gain control of your real estate.
18 posted on 11/30/2008 4:06:41 PM PST by Redcloak ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: calex59

Here it was the Oplamato (sp?) falcon. My husband grew up in the rural areas of our county and had never seen one or heard of them and then they just suddenly appeared, and they wanted to protect them.

According to the “experts”, cattle disturbed them when they were nesting so they made this one rancher move his cattle off his pastures. Guess what, the falcons abandoned their nests and followed the cattle.

Duh, if you watch any birds of prey they have learned to hang out with cattle and humans because they kick up prey.


19 posted on 12/01/2008 7:18:05 AM PST by tiki (True Christians will not deliberately slander or misrepresent others or their beliefs)
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