8.
A RESOLUTION RELATING TO THE NATIONAL REGISTRY OF HISTORIC PLACES
WHEREAS, Part 60 of Title 36 of the Code of Federal Regulations covers the process for nomination of property to be listed on the National Registry of Historic Places (the “National Registry”); and
WHEREAS, 36 CFR Section 60.6(g) provides that if the property being nominated for listing on the National Registry is private property, then such property may not be listed on the National Registry if the owner (or a majority of the owners) of the private property objects to the listing of the private property on the National Registry; and
WHEREAS, neither 36 CFR Section 60.6(g) nor any other section of Part 60 of Title 36 of the Code of Federal Regulations provide that if the property nominated to be listed on the National Registry is owned by a municipality or other public entity, then the objection of the municipal owner or the public entity owner is sufficient to prevent listing of the property on the National Registry; and
WHEREAS, the Texas Municipal League believes that municipalities and other public entity owners should have the same right as a private individual or private entity owner to prevent listing of property owned by such municipality or property owned by such other public entity on the National Registry by objecting to such listing;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2009 Annual Conference of the Texas Municipal League that the owner of public property should be entitled to have its objection to listing of its property on the National Registry of Public Places be sufficient to prevent listing of such property on the National Registry of Historic Places; and
BE IT FURTHER RESOLVED that the League take such further action as may be necessary or appropriate to seek modification of 36 CFR 60.6(g) or other sections of Part 60 of Title 36 of the Code of Federal Regulations to give municipalities and other public owners of property the same rights as private owners of property in regard to preventing listing of property on the National Registry of Historic Places by means of owner objection.
PASSED AND APPROVED by the membership of the Texas Municipal League this 23rd day of October, 2009, at Fort Worth, Texas.
APPROVED:
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John Cook
President
ATTEST:
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Frank Sturzl
Executive Director
