Contact Senate and House Courts of Justice Now!
From the Virginia Property Rights Coalition
Eminent Domain Reform in Virginia Won’t Happen
Unless our Senators and Delegates Know The Voters Demand It!
As you may know, Virginia is one of only 13 States in the United States that failed to pass legislation in 2006 to protect property owners from the U.S. Supreme Court's Kelo Decision. In that case, the Court held that it was up to the states to pass legislation to prevent government from taking private property from one citizen and giving it to another for economic development.
The House passed strong Kelo protection with the Joannou bill which limited condemnation to traditional public uses such as, for schools, roads, parks, and public utilities. The Senate struck down that bill and passed legislation that pretended protection from Kelo but was actually endorsed by the beneficiaries of Kelo. Developers, local governments, and other condemnors strongly supported and lobbied for this bill because it placed no restriction on taking a non-blighted, well cared for home, a farm, a business, or neighborhood and transferring it to a private developer. The House refused the Senate bill.
How can some members of the Legislature say there’s no eminent domain problem in Virginia? Perhaps they don’t know about cases like these:
* Ottofaro v. City of Hampton, 2003 The City took the Ottofaro's property "for a road," turned the remaining 82% turned over to their development authority which leased the property to a Maryland developer for a Lowes, a Bass Pro Shop, and a Texas Steak House.
* Hoffman Family LLC v. City of Alexandria, 2006 The City took Mr. Hoffman's property and gave it to an adjacent real estate private developer for a completely unnecessary storm water drainage culvert so the developer could enlarge his project.
* Board of Supervisors of Halifax County v. Lacy, 2005 The County took a dirt road on the Lacy’s farm with money paid them by a politically connected family who wanted the property for a road so they could develop/subdivide their land. VDOT then used tax payer's money to pave this private road.
* Commonwealth Transportation Commissioner of Virginia v. Stull, 2002 Using “quick-take” power VDOT took part of Stull’s dairy farm and demolishing the farm's barns and work buildings. The family was put out of business with no money to rebuild. At trial 2 years later the Stulls were awarded $375,000 for the buildings but nothing for the business income losses.
* Hunter v. Norfolk Redevelopment and Housing Authority, 1953 The Authority was allowed by the courts to take Hunter's well maintained property because their neighbor’s property was blighted.
These are a few examples from dozens of cases in which Virginia Courts have allowed Kelo and other abuses to stand. There are hundreds more cases of abusive condemnations where victims had no money to go to court.
Members of the Courts of Justice Committee in the House and Senate are subjected to unrelenting and overwhelming pressure from lobbyists who represent housing authorities, local governments, VDOT, municipal and county associations, railroads, utilities, etc., but:
Lobbyists do not elect the General Assembly! We Do!
We need to tell our representatives that Virginia's Eminent Domain Laws are a license to steal. They will lose our votes if they do not: protect our property from the expanded reach of Kelo; restrict housing authorities from taking property unless it is a real threat to public health and safety; and assure prompt and full compensation when property is taken by eminent domain for a legitimate reason.
Call your Senator and Delegate today if they are on Courts of Justice
Remind them of the abuses mentioned above
Senate Courts of Justice http://www.vapropertyrights.org/support/07Senatecourtsofjustice.html
House Court of Justice http://www.vapropertyrights.org/support/07Housecourtsofjustice.html
If your legislator is not on the Courts Committee they still need to hear from you now. This is a short session and things will move fast.
If you have moved and need to check your representative, click the link below