Application for historic status may be rendered moot by Santa Fe Trail ruts listing

Douglas County commissioners declared a temporary cease-fire Monday in a skirmish over whether to add Black Jack Battleground to the National Register of Historic Places.

TheyÂ’re hoping that talks among neighbors, preservationists and government officials during the next few weeks will help build mutual understanding about the balance between preservation and property rights.

During their morning meeting, commissioners said they would wait  probably until Oct. 23  to decide whether to support the Lawrence Preservation Alliance’s plan to have the 20-acre site east of Baldwin added to a list of national landmarks worthy of protection.

Like the Battle of Black Jack itself  which, on June 2, 1856, pitted pro-slavery troops against abolitionist forces in arms for the first time  the latest skirmish falls along philosophical lines.

On one side are preservationists who want to retain and build upon the history of a place that sparked the Civil War.

On the other are folks who worry that private-property rights could be undermined by new development rules and regulations.

ÂThatÂ’s where weÂ’re struggling  the regulatory aspects,Â- Commissioner Charles Jones said.

To help clear the smoke, commissioners asked for three things to occur before they reconsider the issue again next month:

l Owners of property adjacent to the battleground should be invited to an informational meeting to learn about the potential effects of a landmark designation. The meeting would be coordinated by Dennis Enslinger, a planner in the Lawrence-Douglas County Planning Office and the cityÂ’s historic resources administrator.

l Commissioners should receive written documentation about the regulations imposed on properties on the national register and those adjoining them.

l Officials should compare the similarities between the battleground’s application for landmark listing and components of another historic feature  ruts of the Santa Fe Trail  on the site, whose listing on the register already is pending before the National Park Service.

With the trail ruts already poised to be listed on the register, surrounding properties soon will be subject to a state review of any proposed development that would require a permit  such as widening a road, building a home or putting up a communications tower.

ÂThis could all be moot,Â- Commissioner Bob Johnson said. ÂIf itÂ’s done, weÂ’re just sort of beating our gums.Â-

But supporters of getting the battleground listed say the designation would do more than give state historic officials a chance to review adjacent developments. The listing also would enhance the battleground’s exposure to history buffs and tourists, and possibly boost efforts to have Lawrence and Douglas County designated a National Heritage Area  something that could draw up to $10 million in federal grants and another $40 million in private investment.

Carolyn Bailey Berneking, who wrote the battlegroundÂ’s landmark application, said she could see thousands of tourists flocking to a visitors center and tours at the site. Kerry Altenbernd, head of the Friends of Black Jack Battlefield support group, said the siteÂ’s prominence could become Âsmaller than, but along the same lines as, Gettysburg or Appomattox Court House.Â-

Said Judy Billings, director of the Lawrence Convention and Visitors Bureau: ÂItÂ’s not part of the national story now, but it needs to be. ItÂ’s that important.Â-