[MassHistPres] Preservation Restrictions

[Steinitz, Michael @ SEC]

Jonathan,

The National Trust for Historic Preservation has a site that addresses a number of your questions: http://www.nationaltrust.org/legal/easements/index.html

Federal law related to taking a federal tax deduction has recently been updated.  There are also links to discussions of these changes on this site.

A number of Massachusetts municipalities have active programs using preservation restrictions as a protective tool, either in relation to Community Preservation Act grants, or donations of preservation restrictions for tax purposes, or requirements of preservation restrictions as a condition of a local permit or variance, or a combination of the above.  

Municipalities often will retain a preservation restriction on a historically significant municipal property when it is sold or otherwise goes out of town-ownership, but placing a preservation restriction on town-owned property means ceding significant control to a qualified outside organization, something most cities and towns would be reluctant to do, at least without some incentive.  Most preservation restrictions on town-owned properties are held by the Massachusetts Historical Commission because they were required as a condition of a Massachusetts Preservation Projects Fund grant.

And again, keep in mind that in Massachusetts, Preservation Restrictions fall under state statute (MGL Chapter 184, ss 31-33) and must be approved by the Massachusetts Historical Commission, and (if held by a qualified charitable corporation or trust) by the local municipality. 

Michael Steinitz
Director
Preservation Planning Division
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02144
617-727-8470
617-727-5128 (fax)
michael.steinitz at state.ma.us
 

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Jonathan Feist
Sent: Friday, February 16, 2007 8:18 AM
To: Massachusetts Historical Preservation interests
Subject: [MassHistPres] Preservation Restrictions

Here¹s an article about historical preservation restrictions:

> http://www.communitypreservation.org/enews/capecodround.htm

Does anyone know of any data regarding what the costs are to put a preservation restriction on a property?

What about the affect of such a restriction on housing prices or tax benefits? 

How¹s this logic: A preservation restriction makes a house less expensive and therefore decreases the amount of taxes due. Is that correct? Is there data supporting this somewhere?

I¹m wondering if this is something our HC should recommend to people on private residences, as well as town-owned buildings.

--Jonathan


===============================================

Jonathan Feist, Chair
Harvard Historical Commission
978-772-4864 (home)
617-747-2148 (Berklee office: Tuesdays  only)

Preserve Historical Harvard, MA:
http://www.jonathanfeist.com/Pages/HarvardPreservation.html

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