QUESTIONS & ANSWERS
Do I need a lawyer to preserve my historic property, or my farmland
or forest land?
Any time when you become engaged in an important legal transaction, such as the placement of permanent, restrictive easements on your property, you are well-advised to obtain independent legal representation.
In placing preservation easements on your property, you are permanently restricting not only your own use of the property but also the way that all future owners will be able to use the property. This may directly impact the marketability of the property, or the plans that your heirs may have for the property.
While most preservation groups will offer their services to prepare and record an easement that will place restrictive, preservation easements on your property and will typically have their own attorney involved in this process who may offer to “take care of everything”, it is critical to bear in mind that this attorney is there to represent the interest of the preservation group, not to represent the interest of the property owner.
Slaymaker Heritage Law can effectively provide you with such independent representation with a degree of expertise that cannot be provided by a general practice law firm. When properly prepared, preservation easements allow the owner of a historically significant property to insure its long-term preservation while offering flexibility in future uses and providing tax benefits. Consequently, the preparation of any easement that you wish to donate to a preservation group should be done by an attorney who is uniquely qualified to represent you in this important transaction.
How can Slaymaker Heritage Law help with my commercial
real-estate project?
Historic structures that are adaptively re-used for commercial purposes may be eligible for substantial federal tax credits based upon the cost of renovating the property. Slaymaker Heritage Law can assist you in applying for tax credits, and also provide guidance on the history of your structure, and the potential receptiveness of the community to your proposed venture.
Many historic buildings, while perhaps no longer suitable for their originally intended purposes, are good candidates for rehabilitation and alteration that allows them to be used in new ways. This is called “adaptive re-use”. Examples of adoptive re-use projects include old factories, warehouses, schools, department stores or even churches that have been converted for such new uses as apartments, offices, restaurants or retail shops. Adaptive re-use offers a practical solution with the problem of how to preserve the essential and architectural character embodied in an historic structure while allowing for contemporary, productive uses.
The availability of these credits rests on three main factors: the property must be either on or eligible for inclusion on the National Register of Historic Places or be located in a registered historic district and be certified as contributing to the historic significance of the district; the renovation and restoration of the structure must adhere to the U.S. Secretary of the Interior’s Guidelines for restoration of historic structures, and the structure must be adaptively re-used for a commercial purpose.
Other factors that may come into play is how the proposed new use fits into the social and historical character of its neighborhood, whether it may be permitted under existing zoning regulations, whether or not it might conflict with additional regulations or requirements if it happens to be located within a designated historic district and how well the proposed new use might be received by the local historic and cultural community.
Slaymaker Heritage Law is positioned to offer a level of personal assistance to its clients with such historic preservation issues which lie outside the scope of the experience and service provided by general real estate attorneys.
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Wheatland,
Lancaster, Pennsylvania home of President James
Buchanan,
fifteenth President of the United States and a
National Historic Landmark. Since 1937, Wheatland
has been open to the public as an historic house
museum. Wheatland is widely regarded as one of the
best preserved homes of America’s Presidents. From
1997 to 2001, Samuel C. Slaymaker served on
Wheatland’s Board of Trustees and from 2001 to 2005
served as its Executive Director. |
How can Slaymaker Heritage Law help municipalities?
The Commonwealth’s municipalities are required to develop plans and to take steps to preserve the “historic resources” that lie within their jurisdictions. Slaymaker Heritage Law is able to offer municipalities both guidance and practical support in developing cost-effective, practical responses to the mandates of the Municipalities Planning Code and State Law. By taking affirmative steps to identify and protect their historic resources, municipalities may enjoy the dual benefit of preserving their local heritage for future generations of residents while satisfying state compliance requirements.
How can Slaymaker Heritage Law assist with Historic Site Management and Heritage Tourism Development?
Samuel C. Slaymaker, having served as the Executive Director of Wheatland, President Buchanan’s Lancaster, Pennsylvania Home and as the Executive Director of Rock Ford Plantation. He has extensive experience in both historic site management and in developing and promoting Heritage Tourism and is available to provide consultative services in these areas.
How can Slaymaker Heritage Law help me to defend against the demolition or alteration of historic properties?
Historic properties may be protected by easements, designation under zoning ordinances, or by effective public advocacy. Slaymaker Heritage Law is available to advise and assist you or your preservation group in your efforts to preserve these important parts of our heritage.
Why not use a general practice law firm for my Historic or Agricultural Preservation work?
Slaymaker Heritage Law can provide a level of specialization that is not available from a general purpose law firm and has close contacts with the region’s leaders in museum, historical and preservation communities.
How can Slaymaker Heritage Law give me comprehensive service when approaching my real estate project?
Slaymaker Heritage Law works closely with some of the leading historic preservation consultants, builders and architects in the region to provide our clients with a full range of related services and expertise.
What is a Neighborhood Improvement District?
A Neighborhood Improvement District may be established by municipalities as a means of designating neighborhoods to be eligible for special protections and benefits designed to enhance and promote the unique characteristics of the area. Slaymaker Heritage Law is available to assist you or your group is establishing a Neighborhood Improvement District.
What is a Historic Architectural Review Board?
A Historic Architectural Review Board may be appointed by a municipality to inventory local historical resources, to provide input on which structures should be designated for special protection, and to work with the municipality in both historic preservation planning and to provide other services as designated in the zoning ordinance. Slaymaker Heritage Law is available to assist your municipality in establishing a local Historic Architectural Review Board.
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