Who is a "Property Owner" for Purposes of Objecting to an Historic District
From the State Historic Preservation Office
Objections are collected by the Oregon SHPO up until the document is forwarded to the National Park Service. Although SHPO will keep track of the number and status of objections received, only the National Park Service has the authority to count objections. SHPO will not verify objections until the nomination is sent to the Keeper of the National Register in May. However, SHPO will post all objections and letters of support received during the objection period on the SHPO website once per week. SHPO will provide preliminary counts on its website when the nomination is sent to the Keeper.
Under National Park Service policies, each person listed in the land recordation or tax records as an owner gets 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. Thus, what is important is not how many properties are within the nominated boundary, but how many property owners.
How to count owners:
- If each person in a married couple is listed as an owner: Each gets a vote and their vote is counted separately. If only one spouse is listed in the records as owner, only that person gets a vote.
- Several people own one property and each is recorded as an owner: Each gets one vote.
- A person owns several properties within the nominated boundary – that person gets one vote, regardless of how many properties he or she owns.
- A partnership is listed as an owner: The partnership is considered one owner and it gets one vote (regardless of how many partners there are).
- A corporation is listed as an owner: The corporation gets one vote.
- A trust is listed as an owner: The trust is considered one owner and it gets one vote.
- A condominium: The owners of individual units in a condominium hold fee simple title to their property, and therefore are considered owners. Each owner of a condominium unit listed in the official land recordation or tax records gets one vote. In addition, the condominium association is considered one owner for notification purposes if the common areas of the condominium property are owned in fee simple title by that entity.
- A co-operative (co-op): Those individuals participating in a co-operative are part of a corporation and do not hold fee simple title – the co-operative gets one vote.
- A district that includes both public and private property owners: Example, a district includes 100 owners (four public property owners and 96 private property owners). For purposes of owner concurrence or objection, only the 96 private property owners' votes must be tabulated. If 49 of the private property owners (51% of 96) object, the property cannot be listed.