Preservation vs Private Property Rights

Ceiling In Alfred Browning Parker designed home

Several recent  articles have highlighted the issue of preservation vs private property rights.  I want to clarify that I am for historic preservation of relevant buildings but I think if it is done retroactively, it infringes on private property rights.

Both the Miami Herald building, sold to Genting Malaysia, and a Robert Browning Parker home in Gables Estates, currently listed for sale by Helen Nicastri of Coldwell Banker, have come before preservation boards with different outcomes.

A home in north Gables on Minorca and another in Miami Beach on Star Island are further examples of preservation boards trying to designate properties as historic when new owners purchased the property and applied for demolition permits.

If a property is designated as historic, it cannot be torn down and there are restrictions on the amount and type of  renovations that can be done.  You can check with local preservation boards to see if the property you are purchasing is on their list prior to purchasing, but if it is not on the list should a local board be able to designate it when you apply for permits to demolish or refurbish?  To protect your investment, if you are planning to purchase a property built in the 1920’s-1960’s (Old Spanish, Art Deco and MiMo architectural styles) and want to renovate or demolish it, contact the local historic preservation board during your due diligence/inspection period.



About The Author

Jennifer Wollmann


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