Boise (670 KBOI News) – Boise is inching closer to creating a downtown historic district.

The Planning and Zoning Commission voted this week to recommend the City create the district to protect a number of Victorian-era homes between Main and Idaho, and 1st and 2nd Streets.

One property owner was reported to be considering demolishing his home and rebuilding, and that has neighbors upset.

Real estate attorney Rick Stacey, with McConnell, Wagner, Sykes and Stacey, says property owners have rights, and that includes being compensated when the government “takes” his property.

“That may affect his ability to use his property, and the value of the property,” said Stacey.  ” If the property has more value with the building torn down and used for another use, I suspect he’s going to make an argument to say that constitutes a “taking”, and he’s entitled to just compensation for what he’s lost.”

The Idaho Statesman has reported the homeowner was considering demolishing it and rebuilding, which the homeowner denies.

If the City did have to compensate the property owner, taxpayers would be on the hook.