registered historical places

[PartisanRanger]

My question here is if a home or other type building/land is registered historical does the homeowner's permission override the state or federal law? Thanks

 

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[Madmox]

Though I am definitely not a lawyer. I would imagine that a property owners permission would trump the register of historic places. Unless there is specific language in the registry agreement that would specifically prohibit metal detecting on the property that the property owner (or previous property owner) signed when they sold their soul and was added to the register.

 

[Megalodon]

It totally depends on how the property is registered. My son's place dates to at least 1832 and is registered as a historic property by the county. There is a brass plaque attached to the house. I read the county rules and nothing prohibits metal detecting. He inquired about metal detecting of a previous owner who restored the place and she laughed and responded that everybody and his brother had hunted the grounds. And that makes sense because the Tesoro dealer lived across the street for a long time. I've found only modern bullets and plow parts there.

The historical designation is a positive thing because he gets a tax break (25% credit) for any repairs that maintain the appearance and are approved by the county historian and county commissioners.

 

[Madmox]

It totally depends on how the property is registered. My son's place dates to at least 1832 and is registered as a historic property by the county. There is a brass plaque attached to the house. I read the county rules and nothing prohibits metal detecting. He inquired about metal detecting of a previous owner who restored the place and she laughed and responded that everybody and his brother had hunted the grounds. And that makes sense because the Tesoro dealer lived across the street for a long time. I've found only modern bullets and plow parts there.

The historical designation is a positive thing because he gets a tax break (25% credit) for any repairs that maintain the appearance and are approved by the county historian and county commissioners.

Until you want to install insulated windows or paint your house an unapproved color. My question is, can you take your house off the registry?

 

[Megalodon]

Until you want to install insulated windows or paint your house an unapproved color. My question is, can you take your house off the registry?

You can do what you want - but you will not receive the tax credit for the cost. For example, the bad storms have caused the driveway to erode. I suggested paving it - but that would not be approved. He could pave it or use asphalt millings (I would...) and not get the tax credit. So to get a partial tax credit, he gets large dumptruck loads of bank run. The county historic registry is fairly new but I heard they are working on ways for owners to get de-listed to do major alterations for airBnB etc.

Property taxes here are so high that a tax credit for merely keeping a new roof the right color is worth the listing.

 

[Madmox]

Here in Northern California we have a ton of Victorian homes and the city and county here are absolutely militant. One of our customers at work couldn’t install vinyl insulated windows. The best the city would let him do was order custom wood frame insulated windows at almost 5 times the cost. In this neck of the woods you couldn’t pay me to buy a house on that register.

 

[smallfoot]

Strictly speaking, regardless of discounts on taxes, anything that took my rights away from me on my own property would not be worth it...

 

[Megalodon]

There are obviously lots of different historic "registries" and people sometimes form an opinion about all of them because of what they have heard about one of them.

As for metal detecting, I have detected at properties on the national historic register and it never came up.

 

[cudamark]

Same here, I've gotten permission to hunt some "registry" houses from the home owner. In most cases, it's the house itself that is governed by the "hysterical" society rules, not the grounds. That's not always the case though. As long as I get a yes, I'm not going to argue semantics or inquire about the minutia of the law.

 

[A2coins]

Good post I would just need a yes from the owner

 

[cudamark]

If I get a yes from anyone at that property, I start detecting. If the permission gets revoked by someone higher in authority, I figure I did my part in asking. They can fight it out among themselves if there is a disagreement on who had the right to grant permission. I get many properties where the owner isn't even there, just a tenant. No problem on my end. A tenant usually has the right (granted in their lease) to use the grounds as well as the dwelling. I never have seen a lease that had a No Detecting clause in it.