A new state law requires a three-fourths vote by zoning commissions that want to designate a property as historic over the owner’s wishes. Austin, which previously required a two-thirds vote in such situations, recently found that the new law might stymie some of its attempts at historic preservation.
The city’s Historic Landmark Commission recently met to consider placing the historic landmark tag on a vacant grocery store. However, only eight of the commission’s twelve members were in attendance. Though all were in favor, they were one vote shy of passing the measure.
According to the Austin Statesman:
Commissioner Ben Heimsath said under the new law, “the bar just got ridiculously high” for historic preservation.
Added Commissioner Terri Myers: “This takes ridiculousness to a higher level. Or lower level.”
Apparently, it’s ridiculous to require a three-fourths vote, but it’s not ridiculous to overrule a property owner’s desire and force the historic landmark upon him.
This illustrates the power lust that many zoning officials have. They want complete control over land use in their community, and they resent any attempt to limit their powers. They want the unlimited authority to impose prohibitions and mandates on property owners. And the property owner is supposed to simply accept it.
In the capital of a state renowned for its respect for property rights, city officials want dictatorial powers over property use. They want to deny owners the freedom to use their property as they choose, and they are willing to fine or jail the recalcitrant.
To force an historic landmark designation on a property owner is a gross injustice. That city officials even have such power makes a mockery of property rights. That those officials resent even a small limit to their powers is what is truly ridiculous.