Virginia Debate Over Eminent Domain Reform Article

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Virginia Debate over Eminent Domain Reform

Author: Sara Goldstein

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Along with Florida, Virginia was one of many states that sought to curb eminent domain abuses after the Kelo v New London verdict granted government the power to use eminent domain as a form of corporate welfare, by taking it from poor people for little to no compensation, and giving it to multinational corporations who would use it to make billions of dollars in profit.

However, unlike Florida, Virginia did not amend its state constitution to include the new eminent domain rules. With powerful lobbying interests slowly turning over the Virginia legislature, some fear the laws may be overturned, which would result in a return to the old days when cities could act as heavies to muscle out stubborn landowners who refused to sell their property to big money concerns.

So far, the measure to add the restriction to the constitution has been passed by both houses of the Virginia legislature, and if the measure passes again in 2012, it will be added to the ballot in 2012 for voter approval.

The Controversy

However, there are several powerful concerns fighting against this amendment. Among them are municipal governments, who claim that such a move would greatly limit their ability to stimulate economic growth in their cities. After all, without the ability to give free or dirt cheap land to a retailer or other big business, why would anyone locate a business in any of these cities or towns?

On the other hand, advocates for the amendment say that if a business really wants the land, it can negotiate and pay for it the way a small business would. The use of public power in favor of a private interest constitutes an abuse of eminent domain, which was intended to insure that land could always be obtained for projects with public value, such as roads and utilities.

A Pointed Example

People who support the return of New London-style eminent domain should consider the example of New London itself. The site that New London through dozens of residents off is now abandoned, as Pfizer has moved on. Cities need to take into account the attitude various landowners will have to their property. The City of New London used its muscle to throw out residents and local entrepreneurs who were committed to their community. One of the residents was ejected from a home that had been in her family for a hundred years, the house she was born in and wanted to live in for the rest of her life.

And the city handed the property over to a multinational corporation that has no loyalty, that was brought in by an offer of cheap land. They were only in it for the money and left as soon as they got a better offer. When communities bend over backward to make offers like this, they often suffer in the long-run, as, having forked over millions of dollars in incentives, they see only a few years of commitment from the corporation, with short-lived jobs in construction the only real contribution. The ultimate result is dozens of empty buildings that are unlikely to find a tenant without addition incentives for rebuilding, which will cost the public even more.

Reform for Long Term Communities

Eminent domain for private investment often mistakes short-term cash flow for a sound investment strategy. True community building is based on building a community of loyal, dedicated residents, and not throwing them out for a profiteering multinational corporation.

A constitutional amendment in Virginia is also a long-term strategy option. Hopefully, it will pass and protect private property from public power.

If you are in Florida and want to learn more about your rights in an eminent domain action, please visit the website of the Florida Property Rights Law Firm for a consultation today.

About Author

The Florida Eminent Domain Law Firm represents individuals and businesses when the State of Florida attempts to take their land using Eminent Domain and Condemnation Laws.

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Virginia Debate over Eminent Domain Reform