Subject: Re: Private Property...law? From: Steven J. Coker Date: July 04, 1998 [email protected] wrote: > Perhaps you can answer this for me. I have worried for years that collectors, > curious kids, etc., would remove artifacts from our own property which is Is there a law similiar to the one above that protects the property owner? "No > Trespassing" signs do not work. In my work as an Environmental Engineer with the Army Corps of Engineers I regularly work with the S.C. State Historic Preservation Office (SHPO) and I'm confident that I have a good understanding of existing laws and regulations on this subject. I've discussed and researched this particular issue before. Here is my understanding of the facts. 1. The federal laws protecting historic properties ONLY apply to Federal Lands and actions of Federal Agencies. They do not protect historic properties on private land, except that if a federal action is requested or required which will impact any historic property on private land, AND the impacted historic property is determined eligible or potentially eligible for the National Register of Historic Places, then, and only then, the involved federal agencies are responsible for taking certain limited steps necessary to avoid or minimize any adverse impacts to the historic property. Generally, these steps include coordination with SHPO and the Advisory Council on Historic Places (ACHP). Examples of common federal actions that might involve activities on private lands include construction of federally funded highways, issuance of federal permits for bridges, issuance of federal permits for filling or dredging in aquatic areas (e.g. wetlands, rivers), federal grants, etc. 2. Similar to the federal laws, the State laws in South Carolina protecting historic properties are largely limited to properties on State owned lands. Excepting for cemeteries and underwater archaeological sites, the State laws in South Carolina DO NOT give protection to historic properties on private land. So, a private property owner in South Carolina can legally excavate, destroy, or do whatever they like to any historic property that exists on their property. Regardless of the value, rarity, or importance of the historic property. There have been highly publicized cases where owners have bulldozed and destroyed important historic sites with full knowledge of the existence and importance of the site. And they do it with impunity because there is no law to prevent them. Sadly, this happens more and more often as development pressures make the land more valuable for residential or commercial construction. But, there is something concerned property owners and others can do to help protect such unprotected historic sites. They can convince the owners to place a protective easement on the property. There are several good historic conservancy organizations which can accept and hold such easements. These conservancy groups then act as the "watchdogs" for the property and try to assure that the terms of the easement are met. The owner can get a tax benefit for placing the easement on the property, the easement can be crafted in a variety of ways to allow the owner to retain certain uses they may wish to have (e.g. hunting, fishing, bird-watching, camping, etc.) provided such uses are done in a manner compatible with the purposes of the easement. Lacking a "watchdog" like a conservancy group, the property owners or other concerned parties just have to rely on the existing property laws and law enforcement to protect the historic and cultural resources. But, pot hunters and scavengers with metal detectors are very resourceful and many of them know how to find historic sites as well, or better, than many archaeologists. And, while a current owner may be conscientious and protective of the property, some future generation of owners may not and may let the property be "developed" thereby destroying it's historic character. But, if a perpetual easement is properly written and a good conservancy group is chosen to enforce it, then the property may be saved for future generations to see and experience. Another approach might be to lobby your State and Federal legislators to extend protect to historic properties on private lands. Preserve it now or lose it later, Steve Coker Also see: http://www.achp.gov http://anthro.org/asscinc.htm http://www.cla.sc.edu/sciaa/sciaa.html http://www.sac.usace.army.mil/off_counsel/linkce.htm SC State Historic Preservation Office Director of Historic Preservation Mary W. Edmonds 803-896-6168 [email protected] SC State Historic Preservation Office Grants and Outreach Susan McGahee 803-896-6180 [email protected] SC State Historic Preservation Office Survey, Registration & Protection Steven Skelton 803-896-6183 [email protected] SC State Historic Preservation Office Historic Architecture Consultant Dan Elswick 803-896-6174 [email protected] ==== SCROOTS Mailing List ==== Go To: #, A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, Main |