Washington, D.C. - Nearly one year after the U.S. Supreme Court's 

shocking Kelo v. New London decision touched off a firestorm of bipartisan 

support for stronger property rights protections, some anti-property 

rights groups are receiving support from a surprising source:  Senator 

George Allen (R-VA).

Senator Allen is the chief sponsor of legislation that would create a 

massive federal "National Heritage Area" that would stretch from 

Charlottesville, VA, through Frederick County, MD, and end in Gettysburg, PA.  

Such areas are best described as heavily regulated corridors where 

property rights may be strictly curtailed. 

Allen's bill would deputize special interest groups -- many with clear 

anti-property-rights agendas -- and federal employees to oversee land 

use policy in the corridor. 

"Senator Allen often describes himself as a 'Jeffersonian' 

conservative, which he defines as someone who doesn't like 'nanny, meddling, 

restrictive, burdensome government,'" said Peyton Knight, director of 

environmental and regulatory affairs at the National Center for Public Policy Research.

 "However, if you fail to support your rhetoric with substance, you're all hat and no 

cattle."

Sen. Allen's initiative in some ways resembles a pork-barrel earmark, 

as it disburses funds to pre-selected preservationist interest groups.  

Unfortunately, it is even worse than an earmark, as it would threaten 

property rights by:

1) Creating a "management entity" to oversee land use policy in the 

area composed of groups that have a record of being hostile to property 

rights.

2) Directing this management entity to create an inventory of all 

property it wants "preserved," "managed," or "acquired."

3) Giving the management entity the authority to disburse federal funds 

for the purpose of land acquisition and restricting land use - an 

enticement for such activities. 

"This is a transparent effort by ‘not in my back yard’ elitists to milk 

millions of dollars from the nation's taxpayers to mandate 

gentrification of their rural landscape.  These bluebloods want their pretty views 

and bucolic fields preserved in perpetuity at the expense of property 

rights, small landowners and farmers, and taxpayers," said Robert J. 

Smith, a senior fellow at the National Center. 

"It is remarkably similar to the exclusionary zoning for 'green space' 

and 'open space' that roiled New Jersey politics and communities for a 

quarter-century," Smith adds. "Such policies were ruled 

unconstitutional by the New Jersey Supreme Court in the Mount Laurel decisions for 

being economically and racially discriminatory, and as an effort to lock 

out low and moderate income families and especially people of color, 

blacks and Hispanics."

Mychal Massie, national chairman of the African-American leadership 

network Project 21, which is affiliated with the National Center, notes 

the impact of Allen's bill will be felt disproportionately.

"Senator Allen's Heritage Area scheme is further evidence of the chasm 

that develops between working families and elected representatives once 

they are in office," said Massie.  "Allen's measure would restrict and 

limit land use to all but the very wealthiest, and would severely and 

unjustly handicap families and individuals of moderate means."

Dr. Roger Pilon, director of the Cato Institute's Center for 

Constitutional Studies, notes the irony that overzealous preservationists at 

Thomas Jefferson's Monticello are corrupting Jefferson's legacy, ostensibly 

in an effort to protect it: "They want to traduce Jefferson's views in 

order to save his views." 

Citizens of Virginia, Maryland, and Pennsylvania might look to property 

owners caught within the boundaries of the Yuma Crossing National 

Heritage Area in Arizona to catch a glimpse of their possible future.

The Chairman of the U.S. House of Representatives Committee on 

Resources has filed a report explaining the situation in Yuma.  The report, 

which accompanies legislation designed to amend the Yuma Heritage Area in 

order to protect property owners, states: 

"When the Yuma Crossing Heritage Area was authorized in 2000, the 

public in Yuma County did not understand the scope of the project and was 

surprised by the size of the designation... Concerns were raised by 

citizens about the size of the designation and the potential for additional 

Federal oversight. The fear of adverse impacts on private property 

rights were realized when local government agencies began to use the 

immense heritage area boundary to determine zoning restrictions."

Thomas Jefferson was quite clear in his views regarding property rights 

when he wrote:  "The true foundation of republican government is the 

equal right of every citizen in his person and property and in their 

management."

Robert J. Smith adds: "No one supporting such plans and legislation 

attacking the underlying principles of a free society can conceivably then 

have the hubris to attempt to wrap themselves in the mantle of Mr. 

Jefferson's belief in individual liberty, or in Ronald Reagan's inclusive 

conservative Republicanism."

"It dishonors 250 years of American history and freedom-from Abraham 

Lincoln's genuine Hallowed Grounds in Gettysburg to Thomas Jefferson's 

Monticello mountaintop," he said.

Peyton Knight is the nation’s foremost expert on National Heritage Areas. He is also

director of environmental and regulatory affairs at the National Center for Public

Policy Research.

For more information, contact Peyton Knight: 

(202) 543-4110 or pknight@nationalcenter.org

For more information on this issue, see "The Journey Through Hallowed 

Ground National Heritage Area: An Example of How Pork-Barrel Politics 

Can Threaten Local Rule and Property Rights," by Peyton Knight, available 

online at http://www.nationalcenter.org/NPA540HallowedGround.html, or 

"Assertions vs. Reality: The Journey Through Hallowed Ground National 

Heritage Area Act of 2006," by Peyton Knight, available online at 

http://www.nationalcenter.org/NPA548.html.

Action to Take:

1. It’s urgent that you contact Senator Allen’s office to protest his 

sponsorship of  the “Journey Through Hallowed Ground Heritage Area” 

(Bill number S.2645). Tell him you oppose this massive land grab. Senator 

Allen is in a massive fight for reelection, so your calls and letters 

will have a powerful impact on him. 

We can stop this legislation in its tracks – but only if we act now!    

 Call or write his Washington Office at:

Washington D.C. Office:

204 Russell Senate Office Bldg.

Washington, DC 20510

Main: (202) 224-4024

Fax: (202) 224-5432

You will also make a powerful impact on Senator Allen if you call or 

write any or all of his District Offices located throughout Virginia:

Central Virginia Office:

507 East Franklin Street

Richmond, VA 23219 

Main: (804) 771-2221

Fax: (804) 771-8313

Hampton Roads Office:

222 Central Park Avenue

Suite 120

Virginia Beach, VA 23462

Main: (757) 518-1674

Fax: (757) 518-1679

Northern Virginia Office:

2214 Rock Hill Road

Suite 100

Herndon, VA 20170 

Main: (703) 435-0039

Fax: (703) 435-3446

Central Virginia Office:

507 East Franklin Street

Richmond, VA 23219 

Main: (804) 771-2221

Fax: (804) 771-8313

Western & Valley Office:

3140 Chaparral Drive

Bldg. C, Suite 101

Roanoke, VA 24018 

Main: (540) 772-4236

Fax: (540) 772-6870

Southwest Virginia Office:

332 Cummings Street

Suite C

Abingdon, VA 24210 

Main: (276) 676-2646

Fax: (276) 676-2588

Western & Valley Office:

3140 Chaparral Drive

Bldg. C, Suite 101

Roanoke, VA 24018 

Main: (540) 772-4236

Fax: (540) 772-6870

2. There is one hero in this fight to stop the Journey Through Hallowed 

Ground Heritage Area.  Maryland Congressman Roscoe Bartlett (R-MD) has 

refused to sign on to the House version of the bill (HR 5195). The 

Heritage Area will go right through his District. So he is under tremendous 

pressure to give in and support it. He needs to hear from you. 

Call or write Rep. Bartlett and thank him for standing strong for 

property rights and against the Heritage Area. Tell him he has your support  

and urge him to continue to stand strong.

Washington D.C. office:

 2412 Rayburn House Office Building

Washington, D.C. 20515-2006

Phone: (202) 225-2721

Fax: (202) 225-2193

Internet: http://www.house.gove/bartlett/

District Offices:

Cumberland Office

1 Frederick Street, Suite 2

Cumberland, MD 21502

Phone: (301) 724-3105

Fax: (301) 724 –3538

Frederick Office

7360 Guilford Drive, Suite 101

Frederick, Maryland 21704

Phone: (301)694-3030

Fax: (301) 694-6674

Hagerstown Office

11377 Robinwood Drive

Hagerstown, MD 21742

Phone: (301) 797-6043

Fax: (301) 797-2385

3. Be sure to call or write your own member of Congress and your States 

two United States Senators. 

Tell them you are opposed to the Journey Through Hallowed Ground 

heritage Area.   House Bill number HR 5195. Senate Bill number S.2645. 

House Switchboard:

(202) 225-3121 (ask for your Representative by name)

Address:  

Congressman 

United States House of Representatives

Washington, DC 20515

Senate Switchboard:

(202) 224-3121 (ask for your two Senators by name)

Address:

Senator

United States Senate

Washington, DC 20510

We can stop this massive land grab, but only if we act now with force. 

We must show these members of congress that there is strong opposition. 

The proponents are rich, powerful and are putting massive pressure on 

Congress to pass the Journey Through Hallowed Ground Heritage Area. 

Please call today and pass this alert on to at least 10 more people. 

Urgent!  

This TRA feature has been edited in accordance with TRA’s Statement of Policy.

Click here to return to TRA's Issue LXXI Index.

Learn about Mr. Stolyarov's novel, Eden against the Colossus, here.