Virginia Administrative Code › Title 17 - LIBRARIES AND CULTURAL RESOURCES › Agency 5 - BOARD OF HISTORIC RESOURCES › Chapter 30 - EVALUATION CRITERIA AND PROCEDURES FOR DESIGNATIONS BY THE BOARD OF HISTORIC RESOURCES › Part V - Review and Action by the Director and the Board on Virginia Landmarks Register Proposals › Section 17VAC5-30-160 - Owner objections

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  receiving the notification required by
				  17VAC5-30-100, any owner or owners
				  of property proposed for designation by the board shall have the opportunity to
				  concur in or object to that designation.
B. Property owners who wish to object to
				  designation shall submit a written, attested, and notarized statement of
				  objection. The statement of objection shall (i) reference the subject property
				  by address or parcel number, or both; (ii) certify that the objecting party is
				  the sole or partial owner of the property, as appropriate; and (iii) certify
				  that the objecting party objects to the designation. The statement of objection
				  must be received by the director at least seven business days prior to the
				  meeting of the board at which the property is considered for
				  designation.
C. An objecting party
				  whose name did not appear on the official land recordation records or tax
				  records used by the director pursuant to
				  17VAC5-30-120 must submit with the
				  written, attested, and notarized statement of objection an attested and
				  notarized copy of the recorded deed evidencing transfer of ownership to such
				  objecting party. Only upon such submission shall such objecting owner be
				  counted by the director in determining whether a majority of the owners has
				  objected. The statement of objection must be received by the director at least
				  seven business days prior to the meeting of the board at which the property is
				  considered for designation.
D. The
				  board shall take no formal action to designate the property or district for
				  inclusion in the Virginia Landmarks Register if (i) the owner of a property,
				  (ii) the majority of owners of a single property with multiple owners, or (iii)
				  a majority of the owners in a district has objected to the
				  designation.
E. Where formal
				  designation at a board meeting has been prevented by owner objection, the board
				  may reconsider the property for designation at a subsequent board meeting upon
				  presentation to the director, at least 30 days prior to the next scheduled
				  meeting of the board, of written, attested, and notarized statements sufficient
				  to indicate that the owner or majority of owners no longer objects to the
				  designation. In the case of a proposed reconsideration, the notification
				  procedures set out in Part IV (17VAC5-30-100 et
				  seq.) of this chapter shall apply.
F. Each owner of property in a district has
				  one vote regardless of how many properties or what part of one property that
				  party owns and regardless of whether the property contributes to the
				  significance of the district.
Statutory Authority: § 10.1-2205 of the Code of
						Virginia.