Section 160. Owner objections

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. Property owners who wish to object to designation shall submit to the director a notarized statement certifying that the party is the sole or partial owner of the property, as appropriate, and objects to the designation. If an owner whose name did not appear on the current real estate tax assessment list used by the director pursuant to 17VAC5-30-120 certifies in a written notarized statement that the party is the sole or partial owner of a nominated property, such owner shall be counted by the director in determining whether a majority of owners has objected. The board shall take no formal action to designate the property or district for inclusion in the Virginia Landmarks Register if the owner of a property, or the majority of owners of a single property with multiple owners, or a majority of the owners in a district, have objected to the designation. These objections must be received prior to the meeting of the board at which the property is considered for designation. Where formal designation has been prevented by owner objection, the board may reconsider the property for designation upon presentation of notarized statements sufficient to indicate that the owner or majority of owners no longer object to the designation. In the case of a reconsideration, the notification procedures set out in Part IV (17VAC5-30-100 et seq.) shall apply.

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.

Historical Notes

Derived from VR390-01-03 § 5.3, eff. February 9, 1994.

Statutory Authority

§ 10.1-2205 of the Code of Virginia.