Quote:
Originally Posted by UofC.engineer
I've got a stupid question.
How does one get a structure historically protected? And who decides?
I find it odd that the smokestack is historically protected but the sandstone buildings at the Inglewood Brewery are not.
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In general in Alberta, a site is not legally protected unless the owner volunteers to do so.
Both the Province, and the City have the option to do so against the owners wishes.
The Province does not need to compensate if they do, although they rarely go this route, mainly for political reasons in my opinion. I believe they have only done this twice in the history of the Heritage Act, the Rossdale Power Plant in Edmonton, and the St Patrick's Roman Catholic church in Midnapore in Calgary.
The City does need to compensate if they do, so they rarely if ever do, both for political and also financial reasons.
As for the brewery, the Alberta Culture people did order the owner to hire someone to do a historic evaluation of the site, and from the data I have read in the resulting report (which is *not* public, which is a huge problem), the report was far more concerned with "marketability" of the buildings than historic value, in my personal opinion. The Alberta Culture people would have given a recommendation to the minister, but that also is not public, which is also a problem.
It is also my personal opinion that the PC government probably would have looked at forced designation as contrary to conservative ideals of property rights and support of business, therefore ministerial approval for it would be rare.
So the tools are imperfect, and the political will is typically lacking to use the tools we do have.
That said, I think designation over an owners wishes is a last resort and a bit of a failure.
I should add, for the city to designate the site needs to be on the city's inventory of historic resources, so you can't just ask the city to designate your 100 yr old house, it has to be evaluated for historic value first to get on the inventory.
Lastly, in other provinces typically compensation is not required, and forced designation is not so rare.