FREDERICK COUNTY, Md. – The Journey through Hallowed Ground Partnership is a non-profit organization, “dedicated to encouraging both Americans and world visitors to appreciate, respect, and experience this cultural landscape that makes it uniquely American,” according to the organization’s Web site.

H.R. 5195, an impending bill that would enable the JHG National Heritage Area, states that the premise of the legislation would be to preserve and promote the tourism of historical and cultural assets in an area stretching from Gettysburg, Pa., down the U.S. 15 corridor in Maryland, looping to Harpers Ferry, W. Va., back to U.S. 15/40 to Monticello, Va.

On the surface, the effort may seem like a noble cause, but this multi-million dollar program has at least one governmental official warning about potential dire consequences from supporting the initiative.

Rep. Roscoe Bartlett (Maryland District 6) believes in the concept behind JHG, up to the point where any proposal could adversely impact private property values in the designated preservation corridor.

Lisa Wright, Bartlett’s press secretary, told The Dispatch on Oct. 18 that Bartlett “is very supportive of the concept and the effort to protect the heritage and to promote heritage tourism.”

However, she said, the representative believes that the 5th Amendment of the U.S. Constitution guarantees that property owners will be compensated for any decrease in the value of their properties as a result of any preservation effort.

“There has to be a recognition that if property values decrease as a consequence resulting from the efforts to preserve, the Constitution provides for compensation,” Wright stated. In part the 5th Amendment states, “… nor shall private property be taken for public use, without just compensation.”

For example, if a property zoned commercial were rezone some variation of residential because that would be more compatible with the land lying within the designated heritage area, who will compensate the property owner for the loss of value represented by the difference between the commercial worth of the property and the lower residential value?

Reduction of land value as a result of a public project or zoning has sometimes been interpreted as a form of governmental condemnation or “taking” of value.

Further, Wright said Bartlett’s position is, “with respect to private property rights, the management structure for the ‘journey’ has to include representatives of the four state governments, the counties, municipalities and private property owners. There has to be a representative of all of the involved parties in any management structure making decisions relating to the journey.”

H.R. 5195 does not propose a direct assault on property rights of those whose lands lie within any designated heritage area. In fact, the bill explicitly states that property rights must be protected. Should the bill pass, it forbids the acquisition of land through condemnation (eminent domain), and, in fact, federal money allocated to the JHG cannot even be used to purchase land.

However, the bill does not address any potential property value decreases due to any resulting negative impacts.