Rogers' Chocolates Ltd. and the Corporation of the City of Victoria: A Case Comment on Involuntary Designation and the Conservation of Heritage Buildings

The process adopted by the local government to protect the interior of an old building in Victoria, British Columbia, culminated in a significant compensation award in favor of the building's owner and highlights the shortcomings of a coercive regulatory approach to heritage conservation. This...

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Bibliographic Details
Published in:International journal of cultural property 2011-05, Vol.18 (2), p.225-254
Main Author: Piggott, Gillian S. J.
Format: Article
Language:English
Subjects:
Arbitration
Arbitration and award
Building permits
Buildings
Compensation
Conservation
Costs
Court decisions
Cultural heritage
Historic buildings & sites
Historic preservation
Local government
Property rights
Property tax
Public hearings
Regulation
Studies
Tax exemptions
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Summary:The process adopted by the local government to protect the interior of an old building in Victoria, British Columbia, culminated in a significant compensation award in favor of the building's owner and highlights the shortcomings of a coercive regulatory approach to heritage conservation. This study focuses on the relationship between cooperative resolution of conflicts between the rights of the public to protect heritage buildings and the rights of private property owners to the use of their property without interference, on the one hand, and the long-term utility and conservation of historic buildings and the sustainability of local government heritage programs, on the other. Analysis includes discussion on (a) key issues arising out of an involuntary heritage designation, (b) flexible alternative conservation mechanisms and incentives available to local governments, (c) approaches to conservation of heritage buildings in other jurisdictions, and (d) opportunities for improvement in the local government heritage conservation program.
ISSN:0940-7391
1465-7317
DOI:10.1017/S0940739111000117