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Chapter 10
STONEWALLING THE MALL
"It is not easy for a Republican, particularly a
conservative Republican, to advocate the taking of land, particularly
when that is bound to be expensive, but it seems warranted in this
emergency case," said Gordon J. Humphrey, a senator from New Hampshire
in response to the January 1988 announcement by the Hazel/Peterson
Companies of the addition of a regional shopping mall to the William
Center's residential-office complex. In Humphrey's opinion, the mall and
its accompanying traffic and parking lots would turn the Manassas
National Battlefield Park into "little more than a pastoral backdrop for
another metropolitan concrete complex." To prevent this, Humphrey
supported a legislative taking bill, which would automatically put the
land under federal ownership, leaving resolution of its cost to later
discussions. Senator Humphrey's remarkable stand, especially under the
Reagan administration's call for less government interference in local
affairs, demonstrates the far-reaching effects of this third battle of
Manassas. [1]
These effects have been enduring. Manassas
battlefield park became a household word in the late 1980s and continues
to have star power. Congressional budget battles threatening to shut
down the federal government prompt news reporters to trek out to
Manassas and show viewers what they would lose if this park (and others
like it) were forced to close. This name recognition has had other
effects. Public interest in Manassas has translated into millions of
dollars donated to battlefield preservation efforts and expanded
membership in preservation organizations. Congress has aided the work of
private groups by protecting sites and expanding boundaries at existing
parks. The Manassas mall controversy raised public awareness about
historic preservation in ways no other previous issue had.
Initial Reaction
In late January 1988 Bob Kelly, Hazel/Peterson's vice
president for public relations and the company's principal contact
person for the park, casually announced to Swain and park management
assistant Susan Moore that Hazel/Peterson Companies wanted to build a
regional shopping mall on top of Stuart's Hill. As Moore remembered it,
Kelly just dropped by park headquarters and said "Oh, by the way, we've
changed our plans slightly. Will this cause you any concern?" Swain and
Moore immediately recognized the import of this news: more traffic
needing more interchanges and upgraded roads, a highly visible
megastructure on top of the hill. The proposed campuslike office park
set within a heavily landscaped setting and joined by residential homes
and a small community shopping center had now become a bustling shopping
mecca for northern Virginia. Swain "cried foul" as the Park Service
evaluated its response to this change in plans. [2]
Til Hazel and his company proposed to build a 1.2
million-square-foot mall, anchored by five major department stores, as
the centerpiece of the 542-acre William Center. Hazel/Peterson obtained
the services of the Edward J. DeBartolo Corporation, one of the
country's leading owners and operators of shopping centers, for the
project. Construction was expected to start in two years, once stores
had been signed up. To show the importance of the mall, William Center
literature proudly boasted that in its first ten years of operation, the
mall and the other nonresidential components of the tract would generate
$27.3 million in net fiscal benefits for the county. After twenty years,
Hazel/Peterson estimated the total fiscal benefit to be almost $180
million, a healthy infusion into county coffers. [3]
Mindful of these tax revenues, Prince William
officials welcomed the idea of having a huge shopping mall built on the
William Center property. Supervisor Robert Cole relished the prospect
that his county would no longer have to "stand in the shadow of Fairfax
County," an adjacent county that had experienced a massive building boom
in recent years. With the mall in place, other quality development,
including corporate offices and headquarters, would logically follow,
ensuring the economic health of the western portion of the county.
Although the chairman of the board of county supervisors, Kathleen K.
Seefeldt, voiced concerns over the shape of the resulting transportation
network, she remained generally in favor of the mall. [4]
The mall announcement caught the NPS off guard. Swain
remembered the feeling as playing a "bait and switch game" and wondered
if Hazel/Peterson had always intended to build a mall but waited to
announce it until after the rezoning had been approved. In fact, Hazel
had wanted to include a mall in the William Center development from the
start and had sought the planned mixed-use district zoning because this
zoning category permitted such a retail center. The PMD description
allowed for unspecified retail development. Hazel waited to make the
mall announcement until a developer had been identified and signed onto
the project. This delay in fully disclosing the extent of development
planned for the William Center left Swain and many others feeling
deceived. As Annie Snyder wrote in early February, western Prince
William County residents felt "deceived, cheated and defrauded" by the
Hazel/Peterson Companies. For many, the developer showed an apparent
disregard for the good faith agreements it had made with the Park
Service and the Northwest Prince William County Association (NWPWCA).
[5]
For the Park Service and mall opponents, adding a
regional shopping mall to the original campuslike office park created an
entirely new situation, one that threatened the existing Manassas
battlefield park. First, the Park Service and county residents believed
that William Center traffic would increase considerably with the mall,
with as many as 80,000 cars per day traveling to the shopping center.
Lee Highway and Route 234 through the battlefield park would he
especially attractive for handling this traffic, thereby putting the
battlefield park in jeopardy. Hazel disagreed, saying that only the
sixteen shopping days preceding Christmas would bring this level of mall
visitation. The rest of the year, the mall would generate lighter
traffic than office complexes, which create heavy rush hour demands.
Second, the Park Service worried about the road widenings the increased
mall traffic would necessitate, specifically at the Stone House
intersection. Third, building a mall on top of Stuart's Hill would make
the complex visible from many points in the battlefield park. Swain had
worked hard to reduce this type of visual intrusion in his 1986
negotiations with Hazel/Peterson. The mall proposal made those
negotiations seemingly immaterial. [6]
Finally, for many residents, the regional mall seemed
incompatible with the historical and environmental value of the
surrounding countryside. Malls represented blatant twentieth-century
commercialism and materialism. They ate up land with acres of parking
lots. It seemed that a mall could be built anywhere, whereas the few
remaining pieces of open land should be saved. Many mall opponents also
questioned the plan's economic soundness. Fair Oaks, a similarly sized
mall, was located only eight miles east of the William Center site.
Tyson's Corner, with two huge shopping centers, was not far from Fair
Oaks. With so many regional shopping opportunities located close by, the
Manassas mall might be the economic loser. [7]
Seeking a way to address this situation, NPS Director
Mott turned to Prince William County. Mott reinvoked his call for
partnerships between federal and local governments. In a 5 February
letter to Kathleen Seefeldt of the board of supervisors, Mott asked the
county to join with the Park Service to consider the impact of the mall
on both the county and the battlefield park. Mott knew that the
landscape surrounding the battlefield park would inevitably change and
that the Park Service could not acquire all lands, and he understood the
"heavy burdens born by county officials in rapidly developing areas,"
yet he believed that through partnerships, county officials and the Park
Service could achieve mutually beneficial goals. By reducing the visual
impact of outside developments, the park's historic integrity would be
preserved, and the county would have a valuable resource. "In the spirit
of full and friendly" cooperation, Mott asked Seefeldt to give the mall
proposal a "thorough review." [8]
Mott may have been honest in his attempt to forge a
working relationship with the county, but he exacerbated the situation
by publicly releasing the letter at the same time he mailed it to
Seefeldt. Seefeldt sent an angry reply, accusing Mott of trying to
"inflame" citizens and prevent a rational and substantive discussion of
the issues. Seefeldt called Mott's gesture toward partnerships with
local government "neither useful nor wise" and questioned the Park
Service's commitment to preservation. She contended that Prince William
officials were "extremely proud" of their county's heritage and had done
"nothing, nor will it, to desecrate or damage" the battlefield. In
addition, Seefeldt questioned the Park Service's stewardship of its own
park in light of the 1986 dumping of the gas station debris on Henry
Hill and the continuing proposal to cut down acres of mature trees to
restore the historic scene. In her opinion, the mall would bring more
visitors to the battlefield park, and thus the two facilities would
likely "complement each other, and not necessarily compete."
Hazel/Peterson's "extensive measures" to place buffers and upgrade roads
would help ensure the historic integrity of the park. [9]
It is likely that Prince William County officials
would have opposed Mott's call for partnerships regardless. They
considered the tax benefit of the William Center development to be
better for the county than the economic value the battlefield park
provided. Seefeldt and the other county supervisors had already
indicated to the press their favorable response to the mall proposal.
According to the county attorney, the mall fit within the restrictions
of the planned mixed-use district, which allowed for retail business. In
addition, the county's 1982 comprehensive plan had designated the tract
for an office park development, which Hazel/Peterson's plans included.
Citizen input had helped formulate the county plan, and the board
believed that the William Center development fit the county's long-term
future, as determined by its own citizens. With the rezoning in place,
Prince William officials could not revert to agricultural zoning without
prompting a lawsuit from the developer. In the county's eyes,
Hazel/Peterson had every reason to proceed with the office park and
shopping mall. [10]
Local citizens, seeking recourse within the county
for opposing the mall, requested a new public hearing. On the basis of
legality, the county declined the request. This decision created a split
between mall supporters and opponents. To mall opponents living in
Prince William County, "the jingle of cash registers" made the mall all
the more palatable to county officials. Washington Post columnist
Jonathan Yardley wrote on 1 February that "the deck has been stacked
against [mall opponents] by the Board of County Supervisors, which is
clearly hand in glove with the developers." The county would not be able
to shake this perception. [11]
Save the Battlefield Coalition
The sense of deception local residents felt deepened
as they realized the county would not interfere with the proposed
development. Many mall opponents, led by Annie Snyder, swept into
action. Snyder had been a fairly quiet participant in the local
community for a few years because of health concerns. She had attended
the numerous public hearings for the William Center development, but she
stayed essentially behind the scenes helping the NWPWCA. The 29 January
mall announcement drew her out of semi-retirement and into the forefront
of the opposition against the mall. In swift order, Snyder assembled
mall opponents at a 5 February public rally held at the Manassas
National Battlefield Park. A standing-room-only crowd heard from NPS
Chief Historian Edwin C. Bearss, former park historian John Hennessy,
members of local organizations opposing the mall, and the former local
supervisor who had cast the only vote against the 1986 Hazel/Peterson
rezoning. The rally helped establish a sense of unified opposition
against what Snyder considered the "raw deal" the county had accepted.
[12]
On the heels of this successful rally, Snyder
assembled a powerful coalition of preservationists and began making a
national issue out of the Manassas mall proposal. She drew on techniques
she had learned from Francis Wilshin and had honed in her previous
battles. To gain public support, she and her fellow members of the Save
the Battlefield Committee, the group that she and Gil LeKander had
organized to fight the 1969 national cemetery proposal, put together
packets of information about the mall and the battlefield park and sent
them to newspapers, concerned citizens, and interested organizations
nationwide. She responded to calls from the press and saw her statements
published in local papers and such national papers as the Washington
Post. Snyder enlisted the help of the Civil War Round Tables and
encouraged individual members to write their congressional
representatives. She gathered together volunteers who opposed the mall
and put them to work stuffing envelopes and circulating petitions. From
the petitions, she gained a larger pool of volunteers, who stuffed more
envelopes, wrote letters, and held fund raisers. One resident, David
Arrington, donated stationery from his print shop. The header, "Rally
Behind the Virginians!" accompanied by a silhouette view of the
Stonewall Jackson statue symbolized the unified support that Snyder
amassed. Soon national organizations and influential individuals began
to take notice. [13]
A week after the 5 February rally, Snyder sat at her
dining room table with what became the founding members of a national
coalition to fight the mall. To take into account this broad base of
support, Snyder's Save the Battlefield Committee changed its name to the
Save the Battlefield Coalition (SBC). Among those who attended these
initial meetings was Tersh Boasberg, a well-respected preservation
lawyer and Civil War aficionado. Boasberg laid out the broad outlines of
how the group could successfully stall and eventually halt construction
of the mall. Soon after the meeting, he obtained the pro bono services
of Shea & Gardner, a highly regarded Washington law firm and took
legal action against the mall. The most successful tactic for
temporarily halting construction involved using the Clean Water Act's
requirement to obtain permits before disturbing wetlands. The Save the
Battlefield Coalition contended that at least fifty wetlands existed on
the William Center tract. Boasberg also established legal contacts with
the Department of the Interior, the Environmental Protection Agency, and
other federal agencies, forcing them to respond to the coalition's
concerns. [14]

Fig. 13. Annie Snyder got her gun figuratively when she
took on Til Hazel and his proposal to build a shopping mall next to
Manassas National Battlefield Park. (Photo by James A. Purcell.
© 1984, The Washington Post. Reprinted with
permission)
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While Boasberg initiated legal proceedings, Bruce
Craig brought into the fold the first national organization. Craig, who
became an ardent supporter of Snyder's work after attending the 5
February rally, went back to the National Parks and Conservation
Association (NPCA), where he worked as a cultural resources program
coordinator, and convinced its president to make the NPCA the first
national organization to oppose publicly the William Center project.
Craig then convinced Ian Spatz from the National Trust for Historic
Preservation to consider taking on the Manassas mall issue. From these
discussions, the National Heritage Coalition formed in mid-May.
Sponsored by the NPCA and the National Trust, this organization became
an umbrella for Civil War, conservation, historic preservation,
military, and other preservation-minded groups. The National Heritage
Coalition pooled resources and helped make the Manassas mall a national
issue. In the process, the coalition brought preservationists together
in a way that had never been achieved in the past. [15]
More people quickly enlisted in the Save the
Battlefield Coalition. Jody Powell, former press secretary for President
Jimmy Carter and head of a Washington public relations firm, had read
the Washington Post's coverage of the mall and had told himself
"this sounds outrageous." A phone call from Boasberg, whom Powell had
met several months earlier, turned Powell's thoughts into action. Powell
brought to the coalition his contacts with the media as well as the
expertise to generate interest in the mall. Stories about the plight of
the Manassas battlefield park soon rolled off the presses and onto the
radio and television airwaves. [16]
When the Manassas mall story went national, it
centered on Annie Snyder and her Save the Battlefield Coalition.
Snyder's "absolute forthrightness and ability to carry a message" made
her a logical focus for the campaign. Her command of theater, including
an uncanny ability to cry in public at just the right moment, inspired
millions of Americans to consider the emotional side of the issue. For
Snyder, the battlefield park was hallowed ground, where soldiers, many
of whom were barely teenagers, lost their lives. She wanted to preserve
the battlefield as a national park for all time, so that present and
future generations could visit it and learn from it. Having the William
Center mall so close to the parklands appeared as a real threat to the
park's integrity. [17]

Map. 1. Approximate positions of Union and Confederate
forces during the Second Battle of Manassas are superimposed on a map of
the existing battlefield park and adjacent land earmarked for the
William Center development, graphically illustrating the land's
historical significance. (Map by Dave Cook, © 1988, The
Washington Post. Reprinted with permission) (click for a larger image)
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Snyder, as well as many prominent historians, had
long believed that Stuart's Hill, site of the proposed mall, had enough
historic significance to warrant inclusion in the battlefield park.
Stuart's Hill had been Robert E. Lee's August 1862 headquarters, where
he masterminded one of his most successful battles in the Civil War.
Further research indicated that some minor skirmishing occurred on the
eastern side of the William Center tract and that unmarked graves may
have surrounded a field hospital used during the battle. This
information added extra urgency to Snyder's opposition to the mall.
Hazel/Peterson Companies hired a Civil War historian, Dr. James A.
Schaefer, to conduct a historical investigation of the tract. Schaefer
reported in August 1987 that no significant military actions occurred at
the site, paving the way for the developer to proceed with construction.
In 1988, however, Schaefer reassessed his conclusion and joined the
preservationists, saying that it was ludicrous to consider Stuart's Hill
as just another one of Lee's headquarters. Schaefer's reversal was
prompted by the "keen sense of betrayal" he felt over the mall
announcement, which had caught preservationists and the Park Service off
guard. These historical opinions strengthened the conviction of Snyder
and others that Stuart's Hill and the rest of the tract was hallowed
ground and should have National Park Service protection. [18]
Snyder's commitment to preservation of the Manassas
battlefields and Stuart's Hill was joined by her wish to save the
semirural area where she had lived for forty years. Her farm sat within
a few hundred yards of the William Center development, close enough to
hear the bulldozers and see the steady construction work. This churning
of the earth, particularly around Stuart's Hill, disturbed Snyder
greatly. She saw land as a resource, not a commodity. Open space, in her
opinion, gave urban populations a place to recreate and commune with
nature. Undeveloped land provided ecological benefits to the surrounding
communities. She wanted to preserve some of these advantages before
unchecked development overwhelmed all of northern Virginia. [19]
Unlike many of her neighbors, Snyder did not believe
that progress in and of itself was beneficial for Prince William County.
She weighed the economic value of a particular development against the
natural resource benefits of preserving the land. In the case of the
campuslike office park Hazel/Peterson had proposed in 1986, Snyder had
resisted pulling out her public relations artillery to fight the
project. She did not welcome Hazel/Peterson with open arms, but she did
work with the NWPWCA to obtain proffers and make the William Center as
compatible as possible with the surrounding landscape. But for Snyder,
all agreements were voided when Hazel/Peterson announced the addition of
the regional shopping mall. The mall represented the kind of unchecked
damaging growth that she had long opposed. For the sake of the
battlefield park and for the sake of the rural countryside embracing the
park, she resolved to fight. [20]
Park Service and Interior Negotiations
Aside from Mott's letter to Seefeldt, the National
Park Service delayed taking a formal position on the mall issue until
the end of April. As the Save the Battlefield Coalition gathered
national attention, the NPS quietly reviewed the situation and
determined that mall traffic through the battlefield park at the Stone
House intersection represented the most serious threat to the historical
integrity of the park. To accommodate the expected surge in vehicular
traffic, Prince William County officials favored widening the two
crossroadsLee Highway and Route 234. This proposed widening would
destroy whatever historic presence the intersection still had. The park
would be effectively divided into quadrants, and interpretive efforts
would suffer because visitors would be constantly crisscrossing the
intersection to get to the historic park areas. The proximity of this
traffic to the Stone House would also severely endanger its structural
integrity. [21]

Map. 2. Interior Department officials proposed a
compromise to the William Center mall controversy by supporting the
Route 234 bypass, which they argued would funnel traffic out of the
battlefield park and allow the National Park Service to close the roads
inside the park. (Map by Dave Cook. © 1991, The Washington
Post. Reprinted with permission) (click for a larger image)
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Director Mott presented this information to Secretary
of the Interior Donald Hodel and asked for his assistance in reopening
communication with the county and the developer. Mott rightly believed
that the Park Service had to continue negotiations with the interested
parties to ensure protection of the battlefield park. The NPS's active
negotiations with Hazel/Peterson during the 1986 William Center rezoning
had set the tone of the agency's involvement and made it difficult for
the Service to stay on the sidelines with regard to the mall proposal.
The neutral stance taken during the 1973 Marriott theme park proposal
had been replaced by discussion and cooperation. Mott and Hodel sat down
and discussed the mall situation with Prince William County
representatives, Hazel/Peterson, the Virginia state highway authorities,
the state historic preservation officer, congressional representatives,
and the U.S. Department of Transportation. These initial meetings
resulted in a compromise that Hodel and Mott announced on 28 April 1988.
[22]
At the April press conference, Hodel and Mott noted
that the proposed widening of the Stone House intersection would destroy
the historical integrity of the battlefield park. As an alternative,
they described how mall traffic could be rerouted. The compromise, which
they emphasized was still a general concept and not an accomplished
fact, involved relocating the mall to a lower elevation, thus making it
less visible from the park. Deciduous trees would help screen the
development from the road, at least during the warmer months. The Park
Service would provide text for Stuart's Hill interpretive displays, to
be placed prominently near the buildings, to assist visitors in
understanding its significance to Second Manassas. Hazel/Peterson would
build two-story office buildings on the remainder of Stuart's Hill. The
NPS would support efforts to route traffic out of the park, including
building the Route 234 bypass, with a major interchange at the William
Center tract, to accommodate north-south traffic, and widening
Interstate 66, to remove east-west traffic from Lee Highway. Lee Highway
and Route 234 would then be closed to through traffic and returned to
gravel as they existed during the Civil War. [23]
The compromise plan excluded a key interest group,
the Save the Battlefield Coalition. Prince William County officials
accepted the offer for further negotiations, with Seefeldt commenting
that "positive suggestions" had been made. Hazel/Peterson supported the
proposed plan because it kept the mall and offered a solution to the
traffic problem. Park Service officials agreed that the park's
historical integrity would be best preserved by closing the roads, on
which the compromise focused. Snyder and the Save the Battlefield
Coalition, though, were outraged that Interior and the Park Service had
not asked the preservationists, who had brought national attention to
the issue, to the negotiating table. This affront seemed especially
curious since the compromise plan implied that Stuart's Hill was of
sufficient historic significance to warrant moving the mall and placing
interpretive displays on the hill. Bolstered by this indirect admission,
the Save the Battlefield Coalition rallied more attention to its cause.
[24]
Wanting to reach an agreement acceptable to everyone,
including the Save the Battlefield Coalition, the Park Service and
Interior invited the involved parties to a series of task force
meetings. The first conference ended with the hope that the compromise
could be implemented, but subsequent meetings deteriorated as it became
clear that the federal government could not force a negotiated
compromise. Several factors influenced this deadlock. The Department of
the Interior and the Park Service had no trump to bring the opposing
parties into line. Their delay in responding to Hazel/Peterson's
proposal, waiting until the SBC had attracted national attention to the
mall, impaired the federal government's ability to take control of the
situation. This situation worsened on 19 May when the Save the
Battlefield Coalition irretrievably divorced itself from Interior's
compromise plan and at a national press conference announced its
continued opposition to the mall. The historical significance of the
tract became a key issue, with former park historian John Hennessy
arguing that Lee's planning on Stuart's Hill was critical to the outcome
of Second Manassas. [25]

Fig. 14. Northern Virginia developer John T. ("Til")
Hazel, whose motto was "never give up," had construction crews working
twenty-four hours a day on his William Center shopping
mall-residential-office complex next to Manassas National Battlefield
Park, despite protests from preservationists. (Photo by James A.
Parcell. © 1988, The Washington Post. Reprinted with
permission)
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Other reasons contributed to the deadlock over the
Park Service's compromise plan. Hazel/Peterson exercised its legal right
to proceed with construction on the site, twenty-four hours a day,
seemingly bypassing any agreements that may have been made in the recent
meetings. Coalition supporters wondered how the developer and Interior
could be committed to reaching a compromise if Hazel's construction
crews continued working at the site. And although everyone, including
the SBC, agreed that closing Lee Highway and Route 234 was necessary to
the long-term health of the park, they also recognized the high costs
involved. Hefty financial commitments by state and federal highway
authorities were needed, which SBC lawyer Boasberg acknowledged publicly
during the 19 May press conference, and this increased skepticism about
the feasibility of the Park Service's compromise plan. Finally, members
of Congress became involved, effectively removing the mall issue from
the control of the Interior Department and the Park Service. [26]
Congressional Involvement
In mid-January 1988 Mike Andrews (D-Tex.) gladly
accepted the opportunity to tour the Second Manassas battlefield with
his friend, noted Civil War historian Dr. Frank Vandiver. They tramped
around the Brawner Farm and discussed the pivotal actions taken by the
South to win a second resounding victory at Manassas. A few days later,
while flying home to Houston, Andrews read in the Washington Post
that the Hazel/Peterson Companies planned to build a shopping mall on
Stuart's Hill. Astounded by the incongruity of having a regional mall
where Lee had had his headquarters, Andrews called his colleague Bob
Mrazek (D-N.Y) and enlisted his support in stopping the mall. [27]
For Andrews, the mall threatened to change forever
the nature of the Manassas National Battlefield Park. With this
"monstrous behemoth development next door," Andrews believed that the
park's integrity would be lost. Mall traffic on the fragile park roads
would be "devastating, insurmountable," and a critical part of the
battlefieldStuart's Hillwould be destroyed. The fact that
the battlefield was in a congressional district other than that of Texan
Andrews or New Yorker Mrazek did not stop Andrews. In his opinion,
everyone in the federal government had a responsibility to ensure the
protection of national parks. And Andrews did not agree with Interior
Secretary Hodel that the compromise plan of closing the roads and
allowing construction of the mall would preserve the historic Manassas
landscape. [28]
Andrews and Mrazek first tried to talk with Til Hazel
to resolve the controversy. Hazel's determined response, "no one is
going to stop me from building this mall," convinced them to look
elsewhere for support. They established contacts with the Save the
Battlefield Coalition and exercised their legislative authority within
the House of Representatives. In April they inserted language into a
supplemental appropriations bill for the Department of Transportation
that prohibited federal funds from being used to plan, design, or
construct an interchange on I-66 at the William Center. Without the
vital interchange, Andrews and Mrazek reasoned, the mall would not be
able to survive and thus would not be built. Then, in May, they
introduced H.R. 4526, which would have authorized the federal government
to purchase the entire William Center tract and incorporate it into the
Manassas battlefield park. [29]
But H.R. 4526 did not offer much hope of meeting the
immediate threat of Hazel/Peterson's twenty-four-hour construction crews
at the William Center. Before the House Subcommittee on National Parks
and Public Lands would hold a hearing on the bill and thus begin the
review and approval process, its chairman, Bruce Vento (D-Minn.),
required that Andrews and Mrazek obtain 200 cosponsors for the bill. The
two junior congressmen walked the House floor every time there was a
vote and convinced members to sign on, even as Virginia's congressional
representatives kept silent. The media attention generated by the SBC
and the resulting flood of letters from concerned citizens across the
country to their representatives helped Andrews and Mrazek in their
task. In short order, they had well over the needed 200 cosponsors. [30]
Despite this initial success, H.R. 4526 faced an
uphill battle. Congress was scheduled to recess in August and adjourn in
October for election-year campaigning, leaving little time for
discussion and passage of the bill. If, miraculously, the bill was
passed and signed by the president, Hazel/Peterson would retain the
right to develop the tract until Congress appropriated money for its
acquisition and the Park Service completed a land protection plan
justifying the purchase. Previous experience suggested that ultimate
federal government acquisition of the William Center tract could be five
years distant. This would give Hazel/Peterson time to construct the
mall, irretrievably scar the landscape, and increase the land's value,
making it prohibitively expensive. [31]
Frank Wolf (R-Va.) broke the Virginia congressional
delegation's silence and offered a solution. For Wolf, "if this land
[was] so important," as demonstrated by the national outcry and the
professional opinions of historians, then "the government should have
it." On 25 May, Wolf introduced H.R. 4691, which utilized a rarely used
procedure called a "legislative taking" to allow the federal government
to take immediate control of the property and to compensate the
landowners at a later date. Legislative takings had been used in 1968
and 1978 for the Redwood National Park in California and in 1974 for the
Piscataway Park in Maryland. H.R. 4691 also included $30 million for
studying the feasibility of rerouting Lee Highway and Sudley Road out of
the battlefield park, thereby addressing some of the concerns of the
Interior Department. Hearings in Vento's subcommittee proceeded in rapid
fashion on both H.R. 4526 and H.R. 4691 on 21 June. [32]
Congress's response to these bills depended on its
reaction to the continuing war being played out in the national media
over the William Center. By the end of May, Interior Secretary Hodel had
joined the fray, publishing blistering attacks against Andrews, Mrazek,
and other Democrats who had indicated support for H.R. 4526. In a letter
to the Houston Chronicle, Hodel accused Andrews of using the
Manassas battlefield issue to gain media attention at the expense of the
U.S. taxpayers, who would have to foot the estimated $70 million bill
for the William Center tract. Hodel accused Andrews of playing politics,
although observers noted that none of the Republican sponsors of H.R.
4526 saw similar letters published in their districts. [33]
Aside from attempting to make the controversy a
partisan issue, Hodel did raise two important points for Congress to
consider before passing the proposed legislation. First, the cost of the
William Center tract continued to escalate as Hazel/Peterson Companies
proceeded with nonstop construction work. When discussions with the
Interior Department and the National Park Service on the compromise plan
had deteriorated, Til Hazel followed his maxim, "never give up," and
pushed ahead. He decided that if Congress passed the legislative taking,
he would make it an "expensive take." Congress thus had to justify the
expected high price for the land. [34]
Second, Hodel wondered how far national park
boundaries should extend to provide adequate protection of their natural
and cultural resources. Hodel felt there had to be a reasonable limit
that took cost into account. This issue had been debated during the
previous boundary expansion attempts at the Manassas National
Battlefield Park. Historical significance had been a primary factor,
along with the desire to have the park shield itself by acquiring tracts
between historic areas. With the William Center land, both its
historical significance with regard to Second Manassas and the effect of
large-scale development on the battlefield park warranted, in the eyes
of SBC supporters, federal acquisition. Mott's call for partnerships
between the federal government and local interests had shown its
strengths and weaknesses during the William Center controversy. When
Superintendent Swain had entered into negotiations with Hazel/Peterson
Companies in 1986, the resulting office park complex addressed the Park
Service's most serious concerns. But these negotiations proved
insufficient once the developer announced the mall. Congress had to
decide if it should rely on such partnerships in the future. [35]
As Hodel tried to undercut the efforts of the
Democratic members of Congress with his articles in local newspapers,
the Save the Battlefield Coalition organized a huge rally at the
battlefield park on a steamy Saturday in mid-July. This kept the mall
issue in the media as Congress recessed for the Fourth of July holiday.
The coalition ensured television coverage by using a special "TV blue"
backdrop for the stage, which is most compatible with television
cameras, and having as many celebrities as possible participate. These
efforts paid off. As one of Jody Powell's associates at Ogilvy &
Mather stated, the rally was "critical because we got such incredible
media." An estimated 5,000 people joined Snyder, Powell, Representative
Mrazek and other members of Congress, and radio and newspaper
personalities for a day of speeches and commemoration. Willard Scott, an
NBC-TV weather man, spoke on the meaning of the Manassas National
Battlefield Park to him, a resident of Virginia and a Civil War
enthusiast. Scott had long been interested in the outcome of the William
Center controversy, aiding publicity by televising one of his weather
broadcasts from the park during the controversy's early stages. [36]

Fig. 15. Youths dressed in Civil War-era costumes,
reminders of the youngsters who had served and died during the 1861-62
battles, dotted the estimated 5,000-strong crowd of supporters at
Manassas battlefield park who gathered one steamy Saturday in mid-July
1988 to demonstrate their opposition to the William Center mall. These
boys, Thomas and Stephen Edgar, pictured with their father Tomas, were
members of the United Youth Army of the North and South. (Photo
by Andres Alonso. © 1988, The Washington Post. Reprinted
with permission)
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Celebrities helped draw media attention, but the
incongruity of having a shopping mallthat bastion of
twentieth-century materialismnext to the battlefield park drew
ordinary people. They traveled from as far away as Ohio, California, and
even Puerto Rico to sport buttons reading "Stonewall the Mall, Save
Manassas" and participate in the protest. Civil War reenactors, braving
the 104-degree heat in their heavy woolen uniforms, gave demonstrations
for the crowd. Participants joined the SBC in a rendition of the
organization's theme song, "Manassas There's No Need for You to Die,
performed by the artists who had recorded it, Dusty Rose and Tom
Lofgren. Written by David Lowe and released to area radio stations in
May, this song created an emotional appeal that drew people together.
Its last stanza, sung against the backdrop of a Civil War fife and drum,
encapsulated the issue for many:
So I drove out to Manassas, stood alone and watched
the sunset
I imagined I would see grandfather fall
Behind the place where he was standing
Just before the bullet took him
Is where they're going to build a SHOPPING MALL.
The bluntness of the image of a shopping mall
standing where a Civil War soldier had fallen personalized the struggle
and contributed to the rally's success. [37]
This overwhelming support for saving the battlefield,
along with the potential for political exploitation, drew an immediate
response from one of Virginia's silent congressional leaders. Sen. John
Warner had first declined an invitation to participate in the rally, but
as the date neared and the publicity increased, he realized the
political value of attending. He still did not intend to address the
audience, but a lengthy conversation with Willard Scott changed Warner's
mind. Responding to the crowd's enthusiasm, Warner promised to introduce
legislation to preserve a portion of the William Center tract from
development. When Congress reconvened in September, he laid out his
plan: federal purchase of 136 acres, or one-quarter of the land, using a
legislative taking; mall construction banned on the rest of the tract;
$11.9 million to build an interchange on Interstate 66 for the Route 234
bypass; and a study of new roads needed to replace Lee Highway and
Sudley Road, should they be closed to through traffic in the battlefield
park. Warner later scaled back the amount of land to 80 acres by
eliminating some of the buffer along Lee Highway and thereby reducing
the estimated cost of his proposal. In the Senate subcommittee hearing
Warner argued that his plan protected the most historic areas of the
tract, allowed the developer to build the office park as originally
proposed, addressed the Park Service's concerns about traffic through
the battlefield park, and saved the taxpayers the high cost of buying
the entire tract. [38]
Some preservationists see Warner's announcement at
the July rally as turning the tide toward acquisition. Having the senior
member of the Virginia congressional delegationand a
Republicanadmit that Stuart's Hill should be federal land
strengthened the cause against the mall. In remarkably speedy fashion,
in August before its recess, the House voted overwhelmingly for
Andrews's and Mrazek's H.R. 4526, which had been amended to include
Wolf's language of a legislative taking and the $30 million road study.
The highly publicized rally and Warner's presence in the debate
certainly influenced the outcome of this vote. [39]
Legislative Taking
The legislative taking gained momentum in the early
fall: Sen. Dale Bumpers (D-Ark.), chairman of the Senate Subcommittee on
Public Lands, National Parks and Forests, devoted his subcommittee's
work to the mall controversy. Bumpers toured many western national parks
during the summer recess. Amidst the magnificent scenery, he found
several disturbing things. Condominiums and shopping centers abutted the
Rocky Mountain National Park, threatening winter range critical to the
park's wildlife populations. The Church Universal and Triumphant planned
to develop lands adjoining Yellowstone National Park for their
geothermal potential, possibly disturbing the most significant natural
geyser basin in the world. Although, Bumpers admitted, Congress could
not stop all these threats to the national parks, some land could be
saved. [40]
One piece of land that Bumpers could preserve was the
William Center tract. He brought the House's legislative taking bill and
Warner's compromise plan before his committee members. He set the tone
of the hearing by flatly stating his support for the taking bill, later
calling Warner's compromise a "fig leaf" offering. Bumpers had been
reading James M. McPherson's Pulitzer Prize-winning account of the Civil
War, Battle Cry of Freedom, and had talked with historic
preservationists about the significance of the William Center land. He
had also talked with Hazel/Peterson and Prince William County
representatives, to gain an understanding of their reasons for allowing
the mall to proceed. What he saw in the western national parks, though,
confirmed that he had to take action before development made it
impossible to act. The example at Gettysburg, where the battlefield park
was surrounded by tacky commercial development, further prompted him to
act. [41]
Determining how to act became the issue at the 8
September subcommittee hearing. Interior Secretary Hodel reiterated his
position that the most serious threat to the battlefield park came from
the traffic problems on Lee Highway and Route 234, a situation the
legislative taking proposal did not directly address. If Congress took
the William Center land, traffic might temporarily be abated, but only
until another development went in down the road. The estimated
$70-million price tag for the William Center would be better spent, in
Hodel's opinion, by redirecting traffic out of the park and converting
the park roads to their historic nonpaved appearance. Hodel so strongly
believed that the legislative taking was the incorrect action that he
stated he would recommend a presidential veto it if it did pass the
Congress. [42]
Other people testified at the September hearing in
support of Interior's compromise plan, which allowed mall construction
and offered the Route 234 bypass as a solution to expected traffic
increases through the park. Kathleen Seefeldt reminded Congress of the
gravel trucks that barrel down the park roads and disturb places set
aside for quiet reflection, such as the New York monuments located along
Lee Highway. Congress could best protect the battlefield from such
invasive noise, Seefeldt argued, by providing funding to build the Route
234 bypass. Seefeldt also noted that the county's growing population
required the type of commercial development the William Center would
offer. The tax revenues, estimated at $23 million a year, would allow
the county to provide education, health, and other services to
residents. Til Hazel reiterated the tax benefits of his development.
No-growth residents who opposed the mall, he argued, had "thwarted all
planning and growth and all effective development" in the county for
twenty-five years, leaving the county without sufficient funding to
support its burgeoning population. The William Center was a "quality
project, [that would] serve Prince William and make a little money on
the way." He saw Interior's plan as a "win-win" solution that Congress
should support. [43]
Further testimony revealed significant flaws in
Interior's plan. James M. McPherson, Edwards Professor of American
History at Princeton University, made the unequivocal statement that
"the very fate of the nation" was at stake at Second Manassas. In his
opinion, the William Center tract had "the same kind of historical
significance as Seminary Ridge does at Gettysburg." Lee and his generals
James Longstreet and J. E. B. Stuart had their headquarters on the
William Center land. Forty thousand Confederate and Union troops had
congregated on the tract over the course of the three days of the
battle. Some skirmishes resulted. Two Confederate field hospitals had
stood on this land, and "probably hundreds of Confederate and some Union
soldiers [were] buried on this property." McPherson stated that there
was no evidence that these bodies had ever been reinterred. [44]
McPherson's testimony demonstrated that Interior's
compromise plan was untenable because the historical significance of the
William Center property warranted its protection. And there were other
problems with the plan. William Leighty, the deputy secretary of
transportation for Virginia, noted that the state had designated money
in its six-year plan for design work on the 234 bypass, but not
construction. This meant at least a six-year delay before the road work
could begin. When questioned on the amount needed to build the bypass
and widen I-66, Leighty stated that the cost would exceed $100 million.
As the entire construction fund for all of northern Virginia was only
$78 million, the state would require substantial federal assistance to
complete the road program proposed by the Interior Department, but the
compromise plan contained no specific provisions for financing road
construction. In addition, the plan did not require that the mall's
opening coincide with the road closures, thereby assuring the park's
protection from mall traffic. Combined with McPherson's testimony, this
information gave subcommittee members considerable reason to doubt the
merits of Interior's compromise plan. [45]
The death knell of the compromise plan was the
petition urging a halt to mall construction signed by 75,000 people from
across the nation, which Annie Snyder presented to Congress. The Save
the Battlefield Coalition had collected these signatures in only seven
months, whereas during the boundary expansion debate in the 1970s, it
took four years to obtain 9,000 signatures. The Coalition's efforts
against the William Center property had effectively reached a broad
segment of the country in a remarkably short period of time. A local
zoning question had been transformed into a national issue. The senators
responded and voted in favor of the legislative taking, both in the
subcommittee and the full Energy and Natural Resources Committee.
Warner's compromise proposal to buy only a portion of the tract and
prohibit mall construction was seen as insufficient for protecting the
historically significant land included in the William Center. [46]
On 7 October 1988, in the waning hours of the 100th
Congress, Bumpers engaged in a debate on the legislative taking bill
with James A. McClure (R-Idaho). Senators settled into their chairs
after dinner as Bumpers began, with accompanying maps and charts, a
decidedly Southern history lesson on the Civil War and Second Manassas.
His "absolutely rhapsodic" retelling of the importance of a Southern win
at Manassas captured the Senate's attention. In August 1862 General Lee
thought the Confederacy's future rested on a victory at Manassas, as
Britain and France had indicated that a decisive victory might lead them
to provide much-needed industrial support to the South. Bumpers
emphasized this fact to his spellbound audience. National Parks and
Conservation Association representative Bruce Craig, who viewed the
proceeding, stated that "it was one of the most amazing things where the
floor of the Senate actually became a place for education and debate."
Many senators made up their minds on this issue based on what they
learned from Bumpers and McClure that night. [47]
McClure, intending to defuse his opponent's argument
with hard realities, instead added fuel to Bumpers's fire. The
conservative Republican reminded his colleagues that "there is not a
single battlefield free" from the pressures of development.
One-hundred-foot microwave towers threatened Bolivar Heights and
Antietam. Richmond, Virginia, was inching its way over the Civil War
battlefield of Cold Harbor. At what point, asked McClure, will this
battle over land end? McClure concluded with the observation that
"perhaps the most significant battle of the entire Manassas Battlefield
with respect to the William Center tract is that being fought
now"not the Civil War battles. And so McClure unknowingly summed
up the position taken by mall opponents: the William Center property
required federal protection because it represented one of the few places
Congress could save from the seemingly relentless attack of development.
The senators voted 50 to 25 for the legislative taking. [48]
Victory in the Senate did not ensure success of the
legislative taking. To avoid a certain presidential veto, the chairman
of the House Ways and Means Committee, who was a friend of Mike Andrews,
attached the taking legislation to the Tax Technical Corrections Bill.
But negotiations between House and Senate conferees on the tax portion
of this bill broke down just before Congress adjourned, without much
hope of finding a compromise. On 21 October headlines announced what
seemed to be the certain failure of the legislative taking. Then, at
1:00 A.M. the next day, the bill passed. On 2 November it reached the
White House. On 10 November President Ronald Reagan signed the bill into
law, without fanfare or comment. At that very moment, the 558-acre
William Center tract became part of the Manassas National Battlefield
Park. [49]
Congress proved to be the essential factor in halting
the mall and acquiring the William Center tract. Without congressional
action, Til Hazel would have proceeded with his development. Prince
William County officials offered no resistance to the mall proposal,
affirming its legality. The Save the Battlefield's media campaign only
made Hazel more determined to continue building, as evidenced by the
twenty-four-hour, seven-days-a-week construction schedule that resulted
in the near completion of three model homes. Public outcry was important
in convincing individual members of Congress to support Andrews, Mrazek,
Bumpers, Wolf, and Vento with the legislative taking. But all the media
coverage and letters to Congress would not have stopped Hazel/Peterson
if these members of Congress had not been convinced of the intrinsic
importance of saving Stuart's Hill and the surrounding land from the
impending development. Their commitment to preserving the William Center
tract made the taking possible. [50]
Was It Worth It?
Two days after Reagan signed the tax bill and its
legislative taking into law, Annie Snyder and one hundred devoted
followers joined in a victory gathering of prayer and song on the
William Center land. Since the beginning of the long fight,
Hazel/Peterson's burly guards had blocked their entrance to the tract.
As Bruce Craig remembered later, it was "very much an emotional feeling"
finally to step on the land they had worked so long to save. A small
plane flying overhead tried to break the solemnity of the event with its
banner "The taking of private land is un-American." The image of the
mall protesters and the plane highlights the mixed lessons from the
incorporation of the William Center tract into the Manassas battlefield
park. [51]
The National Park Service gained a great deal from
the legislative taking. First and foremost, it obtained control of a
558-acre tract of land its historians, beginning in the 1930s, had
identified as having sufficient historical significance for inclusion in
the battlefield park. Second, the Park Service learned the importance of
working with outside jurisdictions to protect its lands. Rolland Swain's
discussions with Hazel/Peterson in 1986 resulted in numerous concessions
by the developer for the battlefield park.

Fig. 16. Annie Snyder's unwavering commitment to the
preservation of land associated with the two Manassas battles inspired
millions of Americans to voice their opposition to perceived threats to
the battlefield park, which ranged from historical theme parks to
shopping malls. (Photo by Andres Alonso. © 1988, The
Washington Post. Reprinted with permission)
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The Park Service also learned a hard lesson. It
needed to act quickly in response to the mall proposal and to include
all parties in discussions: the county, the developer, the
preservationists, members of Congress, and relevant state and federal
officials. By excluding the Save the Battlefield Coalition, which had
created a national communications network and support system, NPS and
Interior forced the preservationists to defend their position without
compromise. The taking became the only viable option. [52]
For Swain and Susan Moore, who were on the front
lines throughout, other lessons became apparent. They needed a way to
use basic data effectively in analyzing the impact of development on the
park. Swain took photographs of red helium-filled balloons to show how
the building might be seen by park visitors. This method, the only one
available in the Park Service at the time, was ineffective for
convincing the county zoning board to impose height restrictions on
developments. The newly emergent technology of the Geographic
Information System (GIS), a system that uses computer imaging to show
how a construction project would appear from different areas, makes a
much more compelling argument for restrictions. Since 1988 GIS has
become a staple tool for Park Service employees, although demand has
often overwhelmed its availability. [53]
Swain and Moore also learned the importance of having
good zoning lawyers amid technical advice available to the Park Service.
During the 1986 rezoning process, they could have used zoning law
assistance to understand exactly what a planned mixed-use district
allowed. This information would have helped them make informed
assessments on potential development next to the park. When in
negotiations with Hazel/Peterson before the mall announcement, Swain and
Moore also could have used legal expertise to review the proffers and
ensure the park's concerns had been addressed. A zoning lawyer could
have pointed out that the PMD retail component might include a mall,
thus enabling the Park Service to anticipate the development. [54]
Finally, the Park Service learned the importance of
taking the lead when confronting difficult issues. Long-range strategic
planning following the Marriott controversy would have enabled the NPS
to consider the impact of possible future developments and prepare a
response before the situation became unmanageable. The lack of a
proactive stance made a later controversy inevitable. When confronted
with this type of situation, NPS continued its reactive position, with
damaging consequences. Aside from a letter to Kathleen Seefeldt of the
Prince William Board of County Supervisors, the Park Service remained
silent until late April when Mott and Hodel presented their compromise
plan. During this period, the Save the Battlefield Coalition established
a nationwide media campaign and became, in effect, the voice of the
Manassas National Battlefield Park. Interior's compromise plan
contradicted what Snyder and her supporters believed about the
mallthat the mall would destroy the historic integrity of the
battlefield parkand left the public, educated by the SBC's media
blitz, uncertain of the Park Service's ability to protect the land.
Interior reinforced this perception by negotiating with the developer
and the county, not the preservationists. [55]
The $134 million that the federal government has paid
for the William Center tract has left some observers wondering if the
Park Service gained anything from the legislative taking. This amount,
almost twice what was originally predicted, reflects the agreed upon
value of improvements Hazel/Peterson made. Til Hazel later commented
that for that same sum, the roads at the Stone House intersection could
have been closed to traffic. Instead, the park has another piece of
land, but the road situation continues to worsen. The federal
government, however, would never have allocated such a sum for the
battlefield park, for any project. The legislative taking required
adequate compensation for the taken land, and Hazel set that price with
his nonstop building. Superintendent Swain questioned the
appropriateness of the legislative taking, especially considering its
cost, because understanding Second Manassas does not require having that
land, in his opinion. Betty Duley, a local resident, also noted that the
Park Service had money to obtain more land but lacked the resources to
care for its existing property, pointing to the rundown buildings and
the lack of adequate patrols around the park. Duley and others believed
that the NPS should have focused on capital improvements, not acquiring
more land. [56]
Others consider the money well spent and in
accordance with the park's mission. Craig noted that every year Congress
designates a considerable sum, reaching well into the hundreds of
millions of dollars, for the Land and Water Conservation Fund, an
account designated specifically for land purchases. Since the early
years of the Reagan administration, only a small portion of this fund is
spent to acquire parklands; most is left to accumulate, in effect to
offset a portion of the country's budget deficit. If Congress used the
fund to its full potential, Craig believed, expensive takings like the
William Center property could be avoided. For Craig, Snyder, Powell,
Bumpers, and other preservationists, owning the site from which Lee
staged one of the most impressive Confederate victories justified the
expense and accorded with the battlefield park's mission. [57]
Prince William County officials believed they lost a
great deal with the legislative taking. The anticipated jobs evaporated,
the estimated $23 million in annual tax revenues was gone, and the
promise of increased investment that would have spun off from the
William Center was lost. The tract, designated in the county plan for
economic development and thus tax generation, was removed from the tax
rolls. With the county's growing population demanding more services, the
legislative taking presented a host of economic issues for county
officials. [58]
The events leading to the acquisition of the William
Center property profoundly influenced historic preservation in the
United States. The mall announcement resulted in a highly publicized
coalition of preservation groups: conservationists, Civil War
enthusiasts, and historic preservationists joined hands. They created a
united front, under the Save the Battlefield Coalition and the National
Heritage Coalition, which proved unbeatable. Each organization involved
in the fight benefited from the heightened visibility and increased
membership. Some observers even thought that the national organizations
gained more from the exposure than they contributed to the SBC in its
particular fight against Hazel/Peterson. [59]
The mall controversy and the expense of the
legislative taking made clear to historic preservationists that they had
to find alternative means for saving significant lands from development.
This realization led to two related efforts: the introduction of the
Heritage Preservation Conservation Act legislation and the establishment
of Civil War battlefield preservation organizations both within the
federal government and in the private sector. The example of the William
Center controversy prompted Bruce Craig of the NPCA and Ian Spatz of the
National Trust for Historic Preservation to draft the Heritage
Preservation Conservation Act as a vehicle for addressing any future
land-use conflicts adjacent to national parklands. Although it was never
passed, the act would have established an overlay district adjoining a
park where development would be restricted and would have provided other
safeguards, such as authorizing the federal government to stop a
construction project for a period of days while parties tried to
negotiate a solution. If the government determined the land should be
acquired, money would come from a special emergency fund. [60]
Other successful preservation efforts have been
directed toward saving unprotected Civil War battlefield sites. In June
1987, about thirty interested individuals met in Fredericksburg,
Virginia, to assess the events at the Manassas battlefield and at the
Chantilly battlefield, a site in Fairfax County under immediate threat
from development. They realized that a private-sector organization
specializing in Civil War preservation needed to act in tandem with the
government to save threatened areas. In July they formed the Association
for the Preservation of Civil War Sites (APCWS). As the Manassas story
played out in 1988, APCWS members, including A. Wilson Greene, a Park
Service historian who eventually left his job to serve as APCWS's
executive director and later president, grew more convinced that the
sort of "eleventh-hour-and-fifty-ninth-minute rescue operation, at a
cost that is so astronomical, is simply not a blueprint" for battlefield
preservation. [61]
The APCWS developed an alternative. It conducted
numerous surveys to identify the core historic areas of battlefields
across the country and then assessed each parcel within the core area
for its integrity and the level of threat from outside development. From
these surveys, the APCWS established a set of priorities to determine
which lands to buy. Using funds raised through private sources, the
APCWS purchases tracts and holds them in a land trust until the federal
government can accept them. In this way, battlefields are preserved
before development overwhelms them and before prices make the land
prohibitively expensive. Efforts by the APCWS have been augmented by the
Civil War Trust, established by Congress at the behest of Secretary of
the Interior Manuel Lujan Jr. to work toward preservation, and Jerry
Russell, founder of the Civil War Round Table Associates, who has
publicized the need to save battlefields in his monthly newsletter. [62]
Congress responded to the lessons of the William
Center controversy and established a fifteen-member Civil War Sites
Advisory Commission in November 1990. Secretary of the Interior Lujan,
Hodel's successor, proposed such a commission at the July 1990
ceremonies for the 129th anniversary of First Manassas. The commission,
which included Civil War historians, individuals experienced in
preservation and land-use issues, members of Congress, and the National
Park Service director, set out to identify historically significant
Civil War sites and determine their relative importance. Individual
sites were assessed for their existing condition and the threat of
impending development. Based on this information, the commission
recommended alternatives for preserving and interpreting the sites in
its 1993 report, which detailed the status of every significant Civil
War battlefield site and proposed cooperation between the public and
private sectors to save the highest priority areas before they are lost.
Despite early efforts by Lujan to raise money for implementing these
recommendations, action has not been taken. [63]
There have been some gains for historic preservation
as a result of the William Center controversy, but at a cost. By
adamantly opposing any compromise that would have preserved part of the
tract and allowed development on the rest, preservationists appeared
unwilling to negotiate. Jody Powell later remarked that preservationists
must find a reasonable balance between saving aspects of American
history and allowing economic opportunity. If they say "no, no, no" all
the time, the public will be unwilling to listen to their concerns and
they will lose their overall effectiveness in preserving lands. Til
Hazel believes preservationists have already bankrupted their
credibility: any piece of property for which they can devise historical
allegations for saving has become fair game for their efforts. Hazel
agrees that some places, such as George Washington's home at Mount
Vernon, warrant protection, but price and relative historical
significance, according to Hazel, should determine what other areas
deserve preservation. [64]
The National Park Service did not have long to
assimilate what it had learned from then William Center controversy
before an even larger issue developed. In November 1993 the Walt Disney
Company announced its intention to build a historical theme park in
Haymarket, Virginia, 3.5 miles from the battlefield park. The resulting
battle highlighted the shift in concerns facing Manassas National
Battlefield Park. During its first thirty years, the park had to contend
with development threats on land the Park Service wanted to acquire.
Beginning with the 1973 Marriott theme park proposal and ending with the
William Center, the NPS had to determine its response to development
immediately outside park boundaries on land of some historical
significance. In the 1990s the Park Service had to shift its attention
to land that did not adjoin the park but could be developed in a way
that would detrimentally affect the battlefield park. The Service
entered a new area of defining the significance of resources,
recognizing that historic resources could not be protected solely by
extending park boundaries.
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