See Presentation - Neal & Leroy, LLC

January 6, 2018 | Author: Anonymous | Category: Business, Finance, Investing
Share Embed Donate


Short Description

Download See Presentation - Neal & Leroy, LLC...

Description

Richard F. Friedman Neal & Leroy, LLC Chicago, Illinois



Historic significance  Existing structure

 Site of. . .



Architectural significance

3

 

Identify common heritage Honor  Innovation  Beauty  Accomplishment

  

Tangible example of past Environmental Tourism 4

   

International—UNESCO World Heritage Site National—National Historic Landmark or listed on National Register of Historic Places State—listed or designated Local—Locally designated landmark

5

 

 

International—none. National—limited: “take into account” State—not used Local—protection against change or destruction

6

 

It’s my property to do with as I please. You’ve taken my property without just compensation.  Fifth Amendment takings clause



It’s all subjective.  Fifth and Fourteen Amendment due process

clauses 

It’s unfair because the burden falls on me. 7



Elimination or reduction of economic exploitation

8



Additional governmental involvement in private property  Designation  Review and permit process  Must be open to the public (not!)

9



No objective standard for designation or review of demolition or modification application.

10



No mutuality of benefit/burden.

11

Mount Vernon—private purchase U.S. v Gettysburg Ry. Co. U.S. (1896)—public use Euclid v. Ambler, 272 U.S. 365 (1926)—zoning French Quarter and other historic districts National Hist. Pres. Act of 1966, 16 USC 461 et seq.  Illinois enabling act (65 ILCS 11-48.2-1 et seq.) and Home Rule  Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (1978)     

13

 



Constitution State enabling act Home Rule

14

 

  

Local control: Enabling Act 65 ILCS 5/11-48.2-1 or home rule Commission is advisory only—corporate authorities retain the power to designate landmarks or grant permits or certificates of economic hardship Members appointed Full-time staff Functions     

hearings regulations Enforcement education investigation 15

 

 

SHPO (State Historic Preservation Officer) Recommends National Register listing Certifies rehabilitation as historic 20 ILCS 3405/1 et seq.

16





The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and  (a) that are associated with emade a significant contribution to the broad patterns of our history; or events that have  (b) that are associated with the lives of persons significant in our past; or  (c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or  (d) that have yielded, or may be likely to yield, information important in prehistory or history. [more than 50 years old unless of extraordinary importance] 17

   

Applies only to federal “undertaking” Protects properties listed and eligible for listing on the National Register Comment by ACHP and interested parties Head of agency must take impact of federal project into account—then may proceed

18



The Secretary may approve a transportation program or project . . .requiring the use of. . . land of an historic site of national, State, or local significance (as determined by Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if—  (1) there is no prudent and feasible alternative to using

that land; and  (2) the program or project includes all possible planning to minimize harm to the . . .historic site resulting from the use. 19

 



Certificate of appropriateness Certificate of economic hardship Challenge to original designation standards

20

21

22

Deductible as charitable donation Transfer of right to modify or demolish protected element—permanent restriction  National Register or local landmark district  Real Property Conservation Rights Act, 765 ILCS 120/0.01 et seq.  Appraisal and other substantiation required  Measured by loss of development potential or market value  Code Sec. 170(h) and Reg. Sec. 1.170A-14  NPSbrochurehttp://www.cr.nps.gov/hps/tps/tax/ download/easements_2010.pdf  

23

         

National Register or local historic district Tax credit = 20% of rehab costs Rehab must be certified as historic Credits may sold to provide immediate funds Commercial, industrial or residential rehab Must be for-profit Minimum investment of 100% of adjusted basis in improvement Code Sec. 47 and Regs. Brochure:http://www.nps.gov/history/hps/tps/ta x/download/HPTI_brochure.pdf Limited state analog (not yet Illinois) 24

 

 

  

Not a landmark or listed on National Register Tax credit = 10% of rehab costs Rehab need not be certified as historic but must retain historic walls Credits may sold to provide immediate funds Residential rehab not eligible Pre-1936 buildings only Minimum investment of 100% of adjusted basis in improvement 25

 

 

 

Single-family up to 6-unit (owner-occupied) National Register/local designation or district Eight-year assessment freeze with four-year kick up Certified rehab Must invest 25% of market value http://www.illinoishistory.gov/ps/taxfreeze.ht m 26

      

Class L Available to Class 3, 4, or 5a or 5b (commercial) National Register property or local district Approved by corporate authorities Rate reduced to 10% (one-half) for 10 years with two- year kick-up (and renewable) Rehab must be certified by IHPA Investment = 50% of assessed value of improvement 27

 

  

Fee waivers Grants Advice Zoning bonus—Adopt-a-Landmark TIF and other development assistance

28

View more...

Comments

Copyright � 2017 NANOPDF Inc.
SUPPORT NANOPDF