SEPTEMBER 2003

WHAT DIFFERENCE DOES IT MAKE IF MY PROPERTY IS OFFICIALLY LABELED "HISTORIC"?

By Nathan B. Hannah


An item appeared recently in the Arizona Republic newspaper concerning the prospective listing of a church building on the National Register of Historic Places. The slant of the newspaper article, and the comments of the non-church officials and historic preservation advocates quoted in the article, were to the effect of: "Why would anyone not want their property designated as 'historic'?" I think that is a question worth answering, since the answer sheds light on the incentives, and disincentives, created by historic preservation laws.

There are two basic benefits to a "historic" designation for real property: (1) enhanced market value, and (2) lower property taxes. Enhanced market value is of course subjective. It is based on the idea that a "historic" building has some value, i.e. cultural or aesthetic value, beyond its utility. A secondary factor in enhanced value may also arise from the property being located in a "historic district," based on the same perception of cultural or aesthetic value.

Lower property taxes for "historic" properties are, on the other hand, the result of specific legislative benefits applied to qualifying properties. Arizona law applies a lower assessed valuation to "historic" properties than to similarly classified, but non-historic, properties, resulting in a lower tax liability.

A property is classified as "historic" for purposes of Arizona property tax law if it is listed on the National Register of Historic Places and has been approved for "historic" classification by the Arizona Historic Preservation Officer. Assessed valuation, meaning the valuation on which property taxes are based, is set by Arizona law at five percent of full cash value for a residential property classified as "historic," as opposed to ten percent for non-"historic" residential property. This means that the tax savings from the "historic" designation can be substantial.

The incentives of enhanced market value and lower property taxes will obviously be attractive to property owners who (1) are concerned with the market value of their property for possible future sale or borrowing, and (2) pay property taxes. But think for a moment about a church. A church is ordinarily not concerned about any possible future sale of property used for religious purposes. Some churches attach spiritual significance to church properties and would never consider a sale under any circumstances. Even without that factor, churches own property to use it, and rarely sell or borrow against their property unless circumstances compel such action.

As for the property tax aspect of "historic" designation, church properties are typically exempt from property taxes, so churches don't care about the assessed valuation of their property. The economic incentive of lower property taxes is therefore irrelevant to churches.

It should now be obvious that the government officials and historic preservation advocates quoted in the newspaper article failed to account for the inapplicability of these two incentives to church properties. They also failed to account for a significant disincentive, which I alluded to in discussing the market value incentive. "Historic" designation and the incentives that go with it are intended to preserve the cultural or aesthetic value of the property. Preservation is accomplished by restricting the "historic" property owner's ability to alter the historic characteristics, usually the appearance or use, of the property so as to diminish the cultural or aesthetic value of the property.

While church properties will frequently have cultural or aesthetic value, churches own property to use it, and may also attach spiritual significance to it. A property owner who values property solely for its utility will not want restrictions that may interfere with the owner's ability to adapt the property to the desired use. A property owner who values the property for spiritual reasons will likewise not want a secular authority (the government) to have any influence on the owner's ability to adapt the property to spiritual considerations.

Preserving the cultural and aesthetic value of historic properties is a goal that is obviously important to many people. There are, however, costs associated with such preservation that may not be immediately apparent, but which are significant and which may conflict with other, non-economic priorities of some property owners. Officially labeling a property as "historic" does make a difference, but whether that difference is positive or negative will depend on the priorities of the property owner.

 

 

This communication is designed to bring legal developments of interest to the attention of our clients and others. It should not be relied upon as a substitute for specific legal advice in a particular matter. For further information on any of the subjects discussed, or for legal advice in connection with any particular matter, please contact us.

 

 
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