[MassHistPres] house with preservation restriction destroyed by fire

[Dennis De Witt]

OK, but how does one justify preserving through a restriction an "historic house" after the house is gone?  Restrictions and their accompanying HSRs are, appropriately, focused on the preservation of historic buildings.  How does one justify it when the house no longer exists?  Even an "exact replica" wouldn't be historic and wouldn't meet the criteria for NR listing -- what then of something that is less than an exact replica?

Wouldn't an historic preservation restriction on an empty lot or one containing a brand new house a total oxymoron?

And wouldn't it put preservation restrictions in a bad light?

Dennis


On Aug 3, 2010, at 5:47 PM, Mory Bahar wrote:

> Dennis,
> 
> In case of all our preservation restrictions, the restriction runs with
> the deed and the land and thus remains in force even after the
> destruction of the building. Mory
> 
> 
> Mory Bahar
> Independent Authorized Representative
> Trust for Architectural Easements
> Office: 978-352-5615
> mbahar at architecturaltrust.org
> www.architecturaltrust.org
> 
> 
> 
> 
> -----Original Message-----
> From: masshistpres-bounces at cs.umb.edu
> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
> Sent: Tuesday, August 03, 2010 2:29 PM
> To: MHC MHC listserve
> Subject: [MassHistPres] house with preservation restriction destroyed by
> fire
> 
> Can anyone cite an example of non-LHD building that had a preservation
> restriction on it that was destroyed by fire (or by any other
> non-deliberate cause)?  
> 
> What happened after the fire re the restriction?
> 
> Dennis De Witt
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