Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 79

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 80

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 81

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 82

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 83

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 84

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 85

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 86

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 87

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 79

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 80

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 81

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 82

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 83

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 84

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 85

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 86

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 87

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 98

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/sql_layer.php on line 17

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 164

Warning: Cannot modify header information - headers already sent by (output started at /home/content/40/6020740/html/helpcom.net/mainfile.php:79) in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 186

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/modules.php on line 24

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/modules.php on line 37

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/modules.php on line 37

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/modules.php on line 37

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/modules/News/index.php on line 19

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/header.php on line 15
Voter News and Issues ~ Helpcom.net
Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/meta.php on line 15

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/javascript.php on line 33

Search
Topics
  Home  ·  Topics  ·  Top 10  

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 19

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Modules.php on line 64
Modules
· Home
· AvantGo
· Surveys
· Top 10
· Topics


Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Random_Headlines.php on line 19
Random Headlines

VA  Govt. is Massive Criminal Enterprise
[ VA Govt. is Massive Criminal Enterprise ]

·Posted Service for Waverly Woods
·VIRGINIA MARINE RESOURCES COMMISSION FINFISH MANAGEMENT ADVISORY COMMITTEE
·John Moss Your silence is your consent
·Time to Replace John Moss on City Council
·Violation of the Americans With Disabilities Act Complaint Filed Against UVA
·Colin Stolle's Prosecutorial Nullification of Conflict of Interest
·Will Robert Dean ask the court to remove the Commonwealth Attorney?
·UARF denies it's equitment used in a sting of the VB city manager
·University of Virginia is a Part of Virginia's massive Criminal enterprise


Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 952

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 953

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 954

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 955

Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 978
CNN LAW
·Court upholds limits on Navy sonar training
·Slain wife accuses husband from the grave
·Prosecutors drop parent-killing case
·Priest accused of lying in mob investigation
·Inmate shot dead after brazen escape
·Juror: Judge and jury pressured me to convict
·Man convicted for Internet hoax death
·Zoloft killer's 30-year sentence appealed
·Girl who shielded mom is a hero at school
·Holloway disappearance hits cold case file

read more...

Disclosures Competition Realty

Conventions
User Agreement
Disclaimer
Disclosure
Operational Philosophy
Privacy Policy
 Welcome To One of The Best Sites on The Web

Competition Realty''s Principal Broker has an interest in this site.


Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 21

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 29

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 29

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 29

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 29

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 29

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 30

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 31

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 32

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 33

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 34

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 35

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 36

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 41

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 42

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 42

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 43

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 44

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 45

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 46

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 47

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 48

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/includes/counter.php on line 49

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Voter News and Issues ~ Helpcom.net: Eminent Domain

Search on This Topic:   
[ Go to Home | Select a New Topic ]


Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Norfolk's Land Pirates and Buccaneers
Eminent Domain

Land Pirates or 

Buccaneersan unscrupulous adventurer especially in politics or business 

Old Dominion University

Norfolk Redevelopment and Housing Authority

City of Norfolk

 

What Old Dominion University 

Norfolk Redevelopment and Housing Authority

City of Norfolk Did was Not this Pretty 

Why, hello ODU. Is there something you'd like to say?

Nothing? Not a word? Are you sure about that?

The Virginia Supreme Court's stunning eminent domain decision came down on Thursday, yet all we hear from the university and city officials is, well, nothing.

Would it kill these people who brazenly bullied a couple of small businesses to utter a halfhearted, "We're sorry. Our bad. Forgive us"?

One thing's certain: If the court ruling had gone the other way, there would have been high-fiving by university and city officials who had stomped on a private landowner who dared to stand in the way of progress.

Let's back up. Perhaps you saw this headline on the front page of Friday's Pilot: "ODU land grab ruled illegal."

The story told how the highest state court had slapped down Norfolk's Redevelopment and Housing Authority - and by extension, Old Dominion University - in its attempt to snatch a privately owned apartment complex to make way for a shiny new expansion near campus.

Think about it. These entities - a public redevelopment authority and a major university - run by people who should know better, tried to strong-arm ordinary citizens because they believed they could put the private property to better use.

Chilling. Profoundly un-American, too.

Making matters worse, the university, its real estate foundation and the authority spent years on this fool's errand. They wasted time, energy and vast amounts of money, all in pursuit of an illegal taking.

If ODU still wants the property, it can get it the old-fashioned way: Buy it.

But back to the apologies. The longer we go without a contrite statement, the more arrogant and out of touch officials at the university and the redevelopment authority appear.

Pilot reporter Corinne Reilly tried to reach the principals involved in the case but was met with a chorus of "no comment"s or unreturned phone calls.

On Friday, I gave it a try. I called the chief executive officer of Norfolk's housing agency. He was in his office, his assistant said, but had someone with him. She'd give him my message as soon as he was free.

Crickets.

No comment from the ODU Real Estate Foundation.

Finally, I tried to reach John Broderick, the president of ODU. He, too, was unavailable.

"His plane lands later tonight," an assistant told me when I asked whether she could get a message to him.

"Oh yeah, where's he going?" I asked.

"Out of town."

Can't say I blame him. But before I took a trip, I'd issue a sincere mea culpa.

ODU's President was rumored to be out of town talking with his consultants on the ODU's Land Buccaneers' new options 

 

Now that the court battle is over, the bills may pile up. Years of legal fees will likely be owed to the owners of the apartment complex, who are expected to ask that the property be returned in its original condition. They also will seek compensation for lost rent.

Tenants were evicted last year.

Attorney Joseph T. Waldo said his clients asked that the utilities and the heat and air conditioning be left on in the apartments during the legal dispute, to no avail.

"We don't know what we're going to find when we get in there," Waldo said. "There could be mold."

Cha-ching.

Dang, Norfolk is not even on 

The Buccaneers' Map 

The high court decision also means that Central Radio, a tough little company that employs 100 people and has been in the neighborhood for half a century, will be safe from the sticky fingers of ODU. Another business that was taken recently plans to ask that its condemnation be reversed.

Thursday's court decision was a victory for Waldo, Norfolk's dogged eminent-domain attorney. But more than that, it was a big win for the little guy.

All that's missing now is a public apology from the wrongdoers.

Kerry Dougherty, 757-446-2306,

kerry.dougherty@cox.net,

PilotOnline.com/dougherty

Mouse over the Pilot's Logo to see it's post without our comments or illustrations

 

COMMENTS ADVISORY: Users are solely responsible for opinions they post here; comments do not reflect the views of The Virginian-Pilot or its websites. Users must follow agreed-upon rules: Be civil, be clean, be on topic; don't attack private individuals, other users or classes of people. Read the full rules here.

- Comments are automatically checked for inappropriate language, but readers might find some comments offensive or inaccurate. If you believe a comment violates our rules, click the report violation link below it.

FORGET THE APOLOGIES, LET THE PAY-BACKS BEGIN

Submitted by thomcom on Sun, 09/15/2013 at 5:25 am.

Good news for the private property owners and all others like them, but bad news for taxpayers who will wind up footing the bills for these public-entity robber barons whose foolish scheme failed. And what will happen to the public executives in charge of the robbery attempt? Will they lose their jobs, or face prosecution? Probably not. It's just another day in government where accountability and apologies are topics that seldom come up.

reply report violation hide all comments from this user4 or 0

HUH?

Submitted by Truthiness on Sun, 09/15/2013 at 12:31 pm.

No need to apologize. Everything they did was legal at the time and upheld by the Circuit Court. Everyone is working in their own self-interest, whether you agree with them or not.

reply report violation hide all comments from this user0 and 4

APOLOGY? DON'T HOLD YOUR BREATH.

Submitted by keithh41833 on Sun, 09/15/2013 at 3:37 pm.

I am elated that Central Radio, PKO, and possibly NORVA Plastics held out and won their cases. What would have happened had NRHA met the deadline? The court held "For the reasons stated, we hold that the circuit court erred in permitting the NRHA to acquire PKO's Property after theeffective date of the July 1, 2010 statutory limitationprescribed by Code § 1-219.1. We will reverse the judgment of the circuit court and enter final judgment in favor of PKO."

I would have felt better if the ruling had been about an individuals property rights vice a technicality. One wonders if other folks who own property and small businesses will still be under the microscope of the eminent domain Nazi's who have established successful businesses in VA.

reply report violation hide all comments from this user0 or 0

INTERESTING?

Submitted by i just wanted t... on Sun, 09/15/2013 at 3:39 pm.

--not too many comments?--just a couple of happy campers expressing their thoughts

--but when did that ever stop me.

--while everyone agrees that that courts fixed a long needed problem and everyone except the school, developers and city are happy. right?

--what about those people that used to live in homes on those empty lots in ocean view?--that the city forced out for redeveloping by private contractors that don't seem to be around?--or haven't figured out a way of getting the city to come up with some money?

--WHAT ABOUT THEM?--are they happy?--can some lawyer now take their cases back to court?--AND GET THE CITY TO BUILD THEM NEW HOMES TO REPLACE THE ONE'S THEY LOST?

--DIDN'T I MENTION A CAN OF WORMS BEFORE?




Posted by editor on Monday, September 16 @ 05:42:26 MST (3895 reads)
(Read More... | Score: 5)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Is Virginia's Governor screwing around with your property rights, to be trusted?
Eminent Domain

**********************************************************

 Oppose Governor’s Changes 

HB 2306 (Eminent domain; just compensation paid for real property, tax assessments) was passed by both Houses during the 2013 session. 

It is now with the Governor who has made changes to the wording of the proposed statute. Jeremy Hopkins, our resident eminent domain expert, writes the following: 

While this bill is well-intentioned, it still needs work, especially given the Governor’s latest additions. It would be much better to address this issue next year so that we can do so in a much broader and more meaningful way. 

This bill does not address the full scope of the problems that gave rise to this bill in the first place. 

Jeremy Hopkins
Waldo & Lyle, P.C. 
Property Rights and Eminent Domain Attorneys 
301 West Freemason Street 
Norfolk, VA 23510 
Phone: (757) 622-5812 
E-mail: jph@waldoandlyle.com 
Website: waldoandlyle.com

Is the Governor screwing around with your rights?  Appearing to say he is protecting you, while at the same time playing politics and appeasing local developers and government?

Is the Governor using you [your property rights] as a stepping stone for either an elected or federal appointment that needs the support of 'local' political bosses?

Posted by editor on Friday, March 29 @ 08:18:36 MST (3508 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Washington Times says Virginian-Pilot is Full of Crap?
Eminent Domain

Washington Times says Virginian-Pilot is Full of Crap?

 

Illustration by Greg Groesch for The Washington Times

Property rights vs. government wrongs

Virginian-Pilot is not presenting Unbiased facts?

Pilot present views of its owners who have an interest in taking others property for their own gain like they did in the Beach's town Center?

Property rights vs. government wrongs

Old Dominion to vote on curbing eminent domain abuse

The right to own and profit from private property is under concerted assault from politicians and interest groups seeking new ways to take what you have so they can use it themselves. Virginians have an opportunity Tuesday to make government think twice about trying to take away their homes.

 

Voters are being asked to approve an amendment to the commonwealth’s Bill of Rights prohibiting state and local officials from using the power of eminent domain to enrich private developers. The proposal would block takings schemes that use job creation, tax revenue or economic development as their “public use” excuse. The amendment significantly strengthens a 2007 law that only permitted eminent domain when public interests outweighed private gain — an inherently subjective and unreliable balancing test.

 

The Old Dominion is the latest state to take on the wrong-headed 2005 Supreme Court ruling in the case Kelo v. City of New London. There, a sharply divided court sided with New London, Conn., on the question of whether the municipality could use eminent domain to grab 91 acres of privately owned waterfront property to hand over to a private developer. The property to be condemned, a neighborhood called Fort Trumbull, was a middle-class community, not a depressed slum. The taking was not for a highway or a bridge but a redevelopment scheme the local politicians decided would spruce up the town. The projected broad economic benefits of redistributing the land made it fall under constitutionally approved “public use.” The high court determined the mere assertion that the acquisition would benefit the public was good enough to pass muster. Fort Trumbull’s residents were bought out, and the neighborhood was leveled. However financing for the promised redevelopment fell through, and the seized property eventually became a dump.

 

The schemes unleashed around the country since the Kelo decision have preyed upon those least able to defend themselves, such as lower-income homeowners, small businesses and family farms. The proposed change to the Old Dominion’s constitution not only deters local governments from playing Russian roulette with property rights, but it also raises the pricetag for grabbing land. Governments would have to pay for the current value of the property and also compensate owners for future lost profits and lost access. Critics object that determining future losses is highly subjective, but giving nothing to property owners to make up for their expected future losses is plainly unfair. Takings can be so disruptive that they drive farms and businesses into bankruptcy. If developers want to make fortunes on these properties they should have to pay for the privilege, not be able to exploit coercive government power to clear the way.

 

Virginia Attorney General Ken Cuccinelli, who supports Question 1, summed up the need for the amendment at a panel in Alexandria on Oct. 25. “Government is a bully, and bullies don’t pick on people who fight back,” he said. “Have you ever heard of anybody trying to take Walmart’s property? I haven’t.” Property is a right; it should be treated as such. Vote yes on Question 1.

Read more: EDITORIAL: Property rights vs. government wrongs - Washington Times http://www.washingtontimes.com/news/2012/nov/4/property-rights-vs-government-wrongs/#ixzz2BJYdp6tk 
Follow us: @washtimes on Twitter

 

Jeremy Hopkins on :

How to answer objections to the proposed

Virginia eminent domain constitutional amendment

 

The Pilot's biased presentation of the issues

Posted by annoregni on Sunday, November 04 @ 20:50:29 MST (2864 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Lies the Virginian Pilot Told you About Eminent Domain
Eminent Domain

What the Virginian Pilot Forgot to tell you about eminent domain abuses

 

 

State Seal
Commonwealth of Virginia
Office of the Attorney General

name and titleaddress

 

 

For media inquiries only, contact:  Brian J. Gottstein
Email: bgottstein@oag.state.va.us (best contact method)
Phone: 804-786-5874

 

Attorney General Cuccinelli talks eminent domain abuses, property rights at NAACP event

RICHMOND (October 29, 2011) - Attorney General Ken Cuccinelli addressed more than 200 attendees today at the NAACP State Convention in Richmond, discussing government abuses of eminent domain and the property rights constitutional amendment currently pending in the General Assembly.

The attorney general spoke about eminent domain and urban renewal, a project in the 1960s in which the government would raze blighted or poor neighborhoods, transforming the land for public use. This process displaced thousands of families and individuals, often in African-American neighborhoods, forcing them to give up their homes, businesses, and property, and forcing many into public housing.

"Life, liberty, and property are fundamental rights," said Cuccinelli.  "The ownership of private property is one of the original building blocks of a free society. When the government starts to chip away at that cornerstone, the consequences can be devastating."

The attorney general has been an advocate of property rights during his entire tenure in public office. As a state senator, he successfully sponsored a 2007 law that protects homeowners, farmers, and business owners from having their property taken by the government for use by private entities merely to increase tax revenues or create jobs.  Last year, he helped craft the constitutional amendment which passed the General Assembly in its 2011 session and which must pass the 2012 session before it goes on the November 2012 ballot.  The amendment would increase current private property rights protections for citizens, as well as better shield those rights by putting them in the Virginia Constitution, ensuring that any changes to those protections would have to be approved by voters, rather than just by members of the General Assembly.

Cuccinelli encouraged convention attendees to tell their city councils and county boards of supervisors not to oppose the amendment.  He told them that the lobbying organizations for Virginia cities and counties are already asking legislators to vote against the proposed property rights protections, and that they are using tax dollars to do it.  He also encouraged them to get the commitment of incumbents and challengers running for the General Assembly that they will vote for the amendment in the 2012 session.

More details are in the text of the attorney general's remarks to the NAACP:

Good morning. It's an honor to be here with you today.  Thank you, Salim, for inviting me to speak.

During the 2009 campaign for attorney general, you invited me to come speak to you.  Back then, you also invited me to come back again, and that's why I'm here today.  I'm not up for re-election.  I'm not here looking for your vote.  I'm here because I want to talk to you about an issue that's important to every citizen of this commonwealth.

Eminent domain is something that has affected communities across Virginia for decades.  In the 1960s, cities across the country began the process of what they politely called urban renewal.  They destroyed whole neighborhoods in the name of renewing the land for public use, and they left thousands of families displaced, with many forced to move into public housing.

And half a century later, this issue still affects us deeply.  Homes and businesses still aren't fully protected.  And African-Americans and the elderly are still disproportionately affected by land takings.  Just as an example, right now, the people of Charlottesville are still hurting over the razing of the once-thriving Vinegar Hill, where many African-American homes and businesses were located.  Although that urban renewal project happened decades ago, city council has just drafted up a formal apology that they'll vote on November 7.  We need to make sure that what happened to Vinegar Hill, what happened in Roanoke and Norfolk and all over Virginia, doesn't happen again-not now, not ever.

I've been a long-time advocate of strengthening our property rights in Virginia and protecting them from eminent domain abuses by the government.  Life, liberty, and property are fundamental rights.  The ownership of private property is one of the original building blocks of a free society. 

In 2007, I successfully sponsored a law that protects homeowners, farmers, and business owners from having their property taken and handed over to a private entity just to build some new shopping mall or condo complex.  Although this law was a major step forward in the protection of private property rights, because it's only a law, it can be chipped away by future sessions of the General Assembly, putting our land in jeopardy once again.  So the law needs to be enshrined in Virginia's constitution to protect it from the whims of politicians who favor dollar signs over individual rights.  If property rights protections are in the constitution, then they can only be changed by a vote of the people.

Last year, I helped write a property rights constitutional amendment which would create four reforms.  Those reforms are:

  • private property can only be taken for true public uses, not for enhancing tax revenues, economic development, or private gain; 

  • the cost of taking property must be borne by the public, not by the individual property owner.  Fair and full compensation must be given when property is taken or damaged;

  • no more property can be taken than is necessary for the project; and

  • the burden of proof that the taking is for a true "public use" is on the entity taking the property.

The amendment must now pass a second time during the 2012 General Assembly session.  It then goes on the November 2012 ballot for the people to vote on.

I encourage you to tell your city council or county board of supervisors not to oppose the amendment.  The lobbying organizations for Virginia cities and counties are already asking legislators to vote against these property rights protections, and they're using your tax dollars to do it!  I also encourage you to get the commitment of incumbents and challengers running for the General Assembly that they will vote for the amendment in the 2012 session.  And on Election Day in a week and a half, support the candidates who support this amendment and this very fundamental right of yours.  YOU have the opportunity to put this power in the people's hands.

Finally, I can't leave without offering you my congratulations.  I want to let you know I recently visited Lumpkin's Jail, the slave trail, and the slave burial ground here in Richmond.  I want to congratulate you on your victory of getting that land in the hands of preservationists.  While the site represents a dark reminder of Richmond's slave-trade past, it also reminds us that from evil can come good, as we saw with the establishment of a school to educate freed slaves on that very site; a school that would eventually become Virginia Union University.

I was also really struck by a quote engraved on the Reconciliation Statue on the slave trail.  It said:  Acknowledge and forgive the past; embrace the present; shape a future of reconciliation and justice.

That's a tremendous reminder of the power we all have to change society for the better and to preserve and protect the liberties of all people. 

Thank you for letting me be here with you this morning.  Welcome to Richmond, and have a terrific convention.

More about Attorney General Cuccinelli

Photos of the attorney general

A copy of this news release may be found on the attorney general's web site here.

Posted by annoregni on Sunday, November 04 @ 13:17:13 MST (3039 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Norfolk, Virginia You don't want to Locate there
Eminent Domain Norfolk Schitt City

Norfolk, Virginia

 

You don't want to

Locate there

Do Business there 

If you don't want your property rights oppressed

If you don't want your free speech oppressed

And if you ever wondered why Navy Veterans of Old called it Schitt City?

Posted by annoregni on Tuesday, July 03 @ 07:13:47 MST (3652 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Victory for property rights in the Virginia General Assembly?
Eminent Domain

Eminent Domain

Private Gain

At Your Expense

No one from the Unalienable Rights Foundation or the law firm of Waldo & Lyle was invited to participate; no one from Tertium Quids was invited to participate; no one from the Virginia Federation of Tea Party Patriots; no one from the Tuesday Morning Group coalition. Participation was limited to only those Republican Party toadies who are going to blindly support their heroes in the GOP no matter what the principle or issue being compromised away.

John Taylor:

We achieved a significant victory yesterday in the Senate Courts of Justice Committee. HB 1035 was amended with wording that now assures that in court cases involving eminent domain, the whole issue pertaining to access will be decided by a jury and that judges will not be able to exclude a jury from considering it. We have been fighting over this language for days. On a conference call yesterday morning, elected officials told us that the bill would be amended to offer the further protections for property owners that we had been fighting for from the beginning.

In my opinion this should not have required a fight. With a Republican Governor, a Republican Lt. Governor, a Republican Attorney General, a Republican Senate, and a Republican House of Delegates, HB 1035, and its companion bill SB 437, should have sailed through the legislature and been signed by the Governor. Unfortunately, there are those who pay lip service to property rights and the role private property plays in keeping us free, who immediately fall to the floor and assume the fetal position when challenged by an attorney/lobbyist for the condemnors. That white flag just can’t seem to go up fast enough!

To make matters worse, there are the nonprofit groupies who seem to exist for no other reason than to offer Republicans cover no matter what they are in the process of doing. At a critical moment when the debate could have gone either way, a “property rights stakeholders” meeting was held to build support for the legislation prior to it being amended. No one from the law firm of Waldo & Lyle was invited to participate; no one from Tertium Quids was invited to participate; no one from the Virginia Federation of Tea Party Patriots; no one from the Tuesday Morning Group coalition. Participation was limited to only those Republican Party toadies who are going to blindly support their heroes in the GOP no matter what the principle or issue being compromised away. Perhaps that is the limit of these folks’ capabilities. I assume it is. Unfortunately, when you have politicians motivated by the next election and/or higher office, and their groupies who seem to become near orgasmic at a brief moment of recognition, a handshake, a kiss on the cheek, a picture, or the opportunity to merely reach out to touch the coattail of a passing politician, our job becomes exponentially more difficult.

Which brings me to my whole point of writing this evening. I am so proud of those who stood firm. I am so proud of those folks who stood in the gap and refused to accept compromises. I am so proud of all the folks who have called their delegates and senators to tell them that we would not accept HB 1035 and SB 437 without the language being improved by amendment. There is no possibility that what happened yesterday in the Senate Courts of Justice Committee would have happened without you bringing the heat. The Tea Party folks, the individuals and organizations that compose the Tuesday Morning Group coalition, the fine folks at the law firm of Waldo & Lyle who will put themselves out of business if they continue to get legislation on the books that protects their property-owner clients without the need for going to court – I am happy and honored to call you friends.

The others can go to Hades.

Just kidding. (Sort of.)

Posted by david on Tuesday, February 28 @ 07:26:29 MST (3440 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Don't Get Screwed ~ stop ED bill as is ! ! !
Eminent Domain

Virginia General Assembly Legislative Update 2-22-2012 (2nd edition)

**********************************************************

Don't Get

 
Screwed ! ! !

CALL NOW – SUPPORT AMENDED BILL

HB 1035 Eminent domain; definition of lost access and profits, determining compensation.

We understand that HB 1035 will be amended in the Senate Courts of Justice Committee TODAY, 2/22/12, ½ hour after adjournment, Senate Room B. Please contact your Senator and ask them to vote YES on HB 1035, once amended. Attend the meeting, if possible.

Senate Courts of Justice

Sen. Thomas K. Norment, Jr. (R) (804) 698-7503 district03@senate.virginia.gov (chairman)

Sen. John S. Edwards (D) (804) 698-7521 district21@senate.virginia.gov

Sen. Thomas A. Garrett, Jr. (R) (804) 698-7522 district22@senate.virginia.gov

Sen. Janet D. Howell (D) (804) 698-7532 district32@senate.virginia.gov

Sen. L. Louise Lucas (D) (804) 698-7518 district18@senate.virginia.gov

Sen. Henry L. Marsh, III (D) (804) 698-7516 district16@senate.virginia.gov

Sen. A. Donald McEachin (D) (804) 698-7509 district09@senate.virginia.gov

Sen. Ryan T. McDougle (R) (804) 698-7504 district04@senate.virginia.gov

Sen. Mark D. Obenshain (R) (804) 698-7526 district26@senate.virginia.gov

Sen. Linda T. Puller (R) (804) 698-7536 district36@senate.virginia.gov

Sen. Bryce E. Reeves (R) (804) 698-7517 district17@senate.virginia.gov

Sen. Richard L. Saslaw (D) (804) 698-7535 district35@senate.virginia.gov

Sen. William M. Stanley, Jr. (R) (804) 698-7520 district20@senate.virginia.gov

Sen. Richard H. Stuart (R) (804) 698-7528 district28@senate.virginia.gov

Sen. Jill Holtzman Vogel (R) (804) 698-7527 district27@senate.virginia.gov

To find your legislator, please follow this link:

http://conview.state.va.us/whosmy.nsf/main?openform

Please feel free to forward this message and future updates to your list.

John Taylor

President

Tertium Quids

282 Bald Rock Road

Verona, VA 24482

540-245-1776

JTaylor@TertiumQuids.org

 

Posted by david on Thursday, February 23 @ 09:31:58 MST (3171 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Virginia's proposed Constitutional amendment on Eminent Domain
Eminent Domain

Virginia's proposed Constitutional amendment on Eminent Domain

1 + 1 = 1 according to Some members of Virginia Beach's City Council?

Were there two separate resolutions for Council to Consider ?

Was only one voted on?

How did that come to be?

Virginia Beach City Councilman John Moss posted on his Facebook page:

Tonight Councilman Bill DeSteph and my resolution for Council to endorse the constitutional amendment to protect our property right was supported by Councilman Dyer, the Vice Mayor, and the Mayor. True an unusual alliance, but the Mayor to his credit understood he didn’t want to be on the wrong end of a sixty second ad on property rights. All of you who came to Council tonight did a great job!!!

To which Moss' fellow councilman Glen Davis responded:

John, I know we may not always agree, but your account of tonight is a complete mistruth. There was only one vote taken tonight on the support of the constitutional amendment. It was in support of the amendment, and Rosemary and I supported it. However, you did not. The video of the vote will be on vbgov.com tomorrow. I would welcome comments from anyone that feels I did not support the constitutional amendment. I don't mind being called on my votes, but please do not lie about them.

This editor is a simple guy who in reading this exchange came away with the impression that there was two [2] separate resolutions, one by Davis' and  the other by DeSteph and Moss.  From what Moss says his resolution was the one put before Council for a vote [there are no details provided as to how Moss's resolution was the one chosen to be voted on and Davis' was not] and that it was supported by Councilmen Dyer, Moss, DeSteph, the Vice Mayor, and the Mayor.  Moss' comment does not mention Davis' nor anyone else opposing it so I have to ask why would Davis need to say anything about himself of Wilson?  Davis' second post [below] seems to be at odds with his first?

Well it does seem that the two are not in agreement but followers of Moss' FB page seem to find fault with Davis as evidenced by these comments;

JoAnn Nolan-Barnes: Mr. Davis you pulled political theater last night, I was there and did not appreciate the last minute "lets add this" that no one had a chance to read. We will remember this nonsense!!

Lynne Uher: Glenn, I agree with JoAnn. Your last minute resolution should have been given more time for council members to digest. It just makes me feel very uneasy about what might be in it, Glenn. If I find out that it is not protecting citizens against government I will contact every civic league in Virginia Beach that I can find and explain how and where it came from. We do not appreciate what you did!

Julie Manson Paczynski: That was a very Pelosi move at the Council meeting, Mr. Davis. We have to vote for it to see what's in it. If the legislation is so terrific, whay not give everyone a chance to read it before they vote on it? How did you get through the meeting with a straight face? Wow.

Then there was Moss' follow-up to Davis 

In reply to my colleague Councilman Davis, Couniclman DeSteph and I did not take exception to the HB 597 and S 437, because you did not provide a copy of HB 597 and your provided a copy of S437 just before the meeting, which precluded meaningful analysis. We took exception to your resolution, because it called for the modification of the wording of the constitutional amendment. Any modification would require a restart of the amendment process. Quoting from part of your resolution, lines 19 and 20 "WHEREAS the proposed constitutional amendment should mirror the language contained in Senate Bil 437 and House Bill 597, and.." If the current proposed language of the constitutional amendment that has already passed the General Assembly was fine with Council members Davis and Wilson a substitute motion would not have been required nor lines 19 and 20 of Councilman Davis motion. Fact are the facts and the words stand on their own. I invite all to watch the session on streaming video on vbgov.com and decide for yourself. I trust the collective judgment of the voters. [Seems to me that Moss called Davis a liar]

Davis could not leave well enough alone he had to go on to say:

John with all due respect, my resolution does not require the modification of the wording of the constitutional amendment. In the resolved clause it reads on line 38 and 39 "support a constitutional amendment effectuating the provisions of Senate Bill 437 and House Bill 597". "Effectuate" meaning "to cause to happen".You are reaching with the preamble clauses. "Whereas" clauses do not contain recommend or suggested action. Those clauses are solely contained in the "resolved" clauses which start on line 33. You know this as well as I do. Additionally, I never said you did not support it due to lack of time to review general assembly legislation, that was Bill's concern. I said your argument was not wanting to legislate immediate protection against abuse until the constitutional protection took effect which was the significant difference between our resolutions. That is exactly what you told me prior to formal session.


Posted by annoregni on Thursday, January 26 @ 22:17:22 MST (3246 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Jeremy Hopkins on : How to answer objections to the proposed Virginia eminent do
Eminent Domain editor writes "

Jeremy Hopkins on : How to answer objections to the proposed Virginia eminent domain constitutional amendment

The amendment eliminates the General Assembly’s authority to define public use. Lest we forget, the Assembly has had the authority to define public use for years, and the abuses that have given rise to the need for an amendment all occurred during the time the Assembly had this authority.

The amendment "will cost taxpayers dearly." This complaint about the government reimbursing owners for damages they inflict on owners reveals that condemnors have been under-compensating owners for years and that owners have been suffering damages without reimbursement. The Amendment aims to correct this by allowing owners to present evidence of these damages to a jury.

The amendment will "hamper economic development." The amendment will prohibit takings for economic development as was done in the infamous Kelo-case. The idea of taking a person’s home, farm, or business and giving it to Wal-Mart, Costco, or a private developer for "economic development" is contrary to freedom and the principles on which Virginia was founded. While the amendment will stop Kelo-type takings, it will not stop local governments from pursuing economic development. Private developers build large neighborhoods, industrial sites, shopping centers, and other developments without the power of eminent domain and without other powers such as the authority to grant concessions and to give tax breaks. This amendment does not stop local governments from doing the same thing.

In 1902, Virginians enacted a constitutional amendment to provide owners with compensation for property that is "damaged" but not taken. During those constitutional debates, many of the entities that oppose today’s amendment argued that the 1902 amendment would cost taxpayers dearly and would thwart economic development. The last 110 years have proven those scare tactics wrong, yet opponents of today’s Amendment repeat the same arguments their predecessors used 110 years ago.

It will be "time-consuming and extremely difficult to remedy" if the amendment is approved. First, any allegations that this amendment will stop takings that are truly for a public use are unfounded. Second, the Assembly’s authority to define "lost profits" and "lost access" allows it to correct any issues that may arise with regard to those provisions. If problems connected with lost profits or lost access arise, politically powerful condemnors and their well organized group of lobbyists are well positioned to correct them. Contrarily, if the amendment fails, individual Virginians are not equally positioned to effectuate legislative change to protect their rights.

Owners should not be reimbursed for lost profits because "calculation of lost profits is highly speculative and because the extent of any lost profits depends largely on the actions of the business owner." Virginia law allows persons to recover business losses in other areas of the law. There is no reason why property owners should not likewise be reimbursed for lost profits when they prove the government’s taking caused lost profits. For example, if the government takes a restaurant owner’s entire parking lot for two years to store equipment and materials, why should the owner not be reimbursed for his or her lost profits caused by this taking?

Virginia Law Already Allows Owners to Recover for Lost Access. This statement is contrary to the position condemnors routinely take in court and contrary to the position some of Virginia’s lower courts have taken. VDOT frequently takes the position in court that Virginia law prohibits owners from presenting evidence of a change in access to the jury, much less from receiving compensation, unless VDOT extinguishes all access to an owner’s property. VDOT takes this position regardless of the severity of the impact the change had on the owner’s property. The amendment would eliminate any confusion on access damages and would allow condemnors and owners alike to consider a change in access to the owner’s property. Owners should not suffer unreimbursed damages from a change in access resulting from a taking of their property. Failure to compensate owners for damages caused by a taking ensures the constitutional standard of just compensation is never met.

The amendment could have been drafted "to ensure that the lost profits and lost access provision applies only to properties that have been the subject of a condemnation action." But this is precisely what the Amendment does. Additionally, the amendment allows the Assembly to define lost profits and lost access so the Assembly can ensure these provisions apply only in cases where property has been actually taken.

The amendment contains no provision that would allow state and local governments to do extensions of utilities and road improvements. This argument ignores the very words "public use." The amendment does not prohibit takings for public roads. If the road is open for use by and available to the public, no court would hold that a road is not for a public use. With regard to utilities, the amendment specifically allows private utility companies to take property for utilities. It is doubtful that courts will interpret this language to prohibit public bodies from doing the very thing it allows private entities to do. Nevertheless, local governments may still work with other public service corporations or, if the need arises, can simply have the Assembly list local governments as public service corporations when they are taking property for utilities. The amendment will prohibit the government from taking one person’s property to give it to another and will require that every taking be for a truly public use. The amendment will also allow owners who suffer business losses caused by a taking or who suffer damages from a change in access caused by a taking to receive reimbursement for their losses.

In the end, the amendment will simply restore fairness and equality in an area that has been dominated by injustice and abuse.

 

"
Posted by annoregni on Tuesday, January 24 @ 10:04:31 MST (3463 reads)
(Read More... | Score: 5)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
PROPERTY RIGHTS AND THE GOVERNMENT’S POWER OF EMINENT DOMAIN
Eminent Domain PROPERTY RIGHTS AND THE GOVERNMENT’S POWER OF EMINENT DOMAIN

PROPERTY RIGHTS AND THE GOVERNMENT’S POWER OF EMINENT DOMAIN

 

 

 

THE RICHMOND LAWYERS CHAPTER

 

Presents

 

A PROGRAM ON PROPERTY RIGHTS AND

THE GOVERNMENT’S POWER OF EMINENT DOMAIN

 

Featuring

 

ATTORNEY GENERAL KEN CUCCINELLI

 

The Attorney General will discuss the proposed amendment to the Constitution of Virginia regarding eminent domain.  He will discuss the background of the proposed amendment, the issues it addresses, its status, and the positions of supporters and opponents.

 

 

Details:          Wednesday, January 25, 2012

12:00 Noon - 1:30 p.m.

 

SunTrust Bank Building

4th Floor, Tidewater Room

919 East Main Street (corner of East Main & 10th Streets)

Richmond, VA  23219

(Enter the building through either the lobby entrance

on Main St. or the lower level entrance on Cary St. 

Bank staff can direct you to the Tidewater Room)

 

There will be a $10.00 charge collected at the door for a sandwich boxed lunch and bottled water that will be

provided.

 

Please RSVP to Ken Davis, at kdavis@hunton.com by

Noon on Tuesday, January 24th.   Please state your choice

of sandwich:  chicken salad, roast beef and cheddar cheese, smoked turkey and havarti cheese, or grilled vegetables.

 

Posted by annoregni on Thursday, January 19 @ 15:50:12 MST (2827 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
City of Virginia Beach Screwing with Virginia's Constutition
Eminent Domain

 

Dear Mayor and members of City Council:

On tonight's public hearing on the City's 2012 Legislative Agenda, one of the items that is listed but has no detailed information is HJ 693, the eminent domain Constitutional Amendment. This proposed legislation passed muster unanimously by all members of the Virginia Beach delegation, and if re-approved in the 2012 session, will go before Virginia voters in November 2012.

The Tidewater Libertarian Party voted unanimously in support of this proposed bill, and implores City Council to vote their support of this private property protection measure.

As evidenced by the appearance several years ago of the Magna Carta in the Virginia Beach Center for Contemporary Art, its intent and purpose was the freedom to acquire private property and its subsequent protection from the long arm of government.

 

The 5/4 split vote by the United States Supreme Court on the Kelo vs New London, Ct sparked nationwide outrage against government's ability to take private property and convey it to another entity for monetary gain. As a result, States reacted with legislation to overturn that decision through enabling legislation to protect private property from eminent domain abuse. Virginia was one of the first states to address the issue, which brings us to the current state of affairs for Virginia Beach property owners.

The Tidewater Libertarian Party requests the City Council of Virginia Beach include their support for the eminent domain Constitutional Amendment in the 2012 Legislative Agenda, and if it's not approved unanimously, then have it removed from the Legislative Agenda package. We would prefer to have a public record of the actual individual votes in support or opposition to the Amendment.

Sincerely,

Robert K. Dean - Chairman
Tidewater Libertarian Party
H. 757-427-6606
C. 757-287-8694

Posted by annoregni on Thursday, October 13 @ 03:41:59 MST (2677 reads)
(Read More... | 3240 bytes more | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
ZONING AND LAND USE; REDEVELOPMENT; BLIGHT
Eminent Domain

Ira Meislick of the New Jersey bar


Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 2007 WL 1687274 (N.J. Supr. Ct. 2007 6/13/07).

ZONING AND LAND USE; REDEVELOPMENT; BLIGHT:  The New Jersey Constitution does not permit government redevelopment of private property solely because the property is not used in an optimal manner.  

A municipality was bounded by a river and was bisected by a railroad freight line that divided the municipality into two neighborhoods.  The southern neighborhood contained most of the older residential development.  The northern neighborhood extended from the river to the railroad, and contained housing and industrial development.

There was a vacant parcel adjacent to the river.  Its owners listed it for sale as suitable for the operation of a dredge deposit site.  The property was permitted to accept United States Army Corp of Engineer's dredged material, but had not been used for such purpose since 1963.  The property owners requested rezoning of the property from manufacturing (M) to Marina Industrial Business Park (MIBP), which would allow a variety of mixed non-residential, commercial, and light industrial uses.  The municipality made the change.

Some time later, the municipal governing body adopted a resolution authorizing the planning board to conduct a preliminary investigation to determine whether the designated parcels, including the subject property, met the statutory criteria for designation as areas in need of redevelopment.  The investigation recommended inclusion of these parcels, including the subject property, within the area in need of redevelopment in the master plan as well as their inclusion in the municipality's redevelopment plan.
Posted by annoregni on Tuesday, June 19 @ 18:37:43 MST (4245 reads)
(Read More... | 10419 bytes more | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
EMINENT DOMAIN; URBAN RENEWAL; BLIGHT
Eminent Domain New Page 1

Professor Dale Whitman at the University of Missouri, Columbia.

EMINENT DOMAIN; URBAN RENEWAL; "BLIGHT:"  A determination of blight for purposes of a condemnation by a redevelopment corporation in Missouri must be based on evidence of both economic and social liabilities in the project area; economic liabilities alone are not sufficient.  Centene Plaza Redevelopment Corp. V. Mnt Properties, 2007 WL 1695153 (June 12, 2007).

Under Mo. Rev. Stat. ch. 353, a city government may authorize a privately-owned redevelopment corporation to take land for redevelopment purposes upon a showing that the land contains "blight" In response to the city government's RFP, Centene Redevelopment Corporation decided to redevelop a block in Clayton, Missouri. Clayton is the "new downtown" of the St. Louis metropolitan area, characterized by many modern high-rise office buildings, hotels, and the like. Centene was able to acquire most of the properties on the block by negotiated purchase, but Mint Properties, the owner of two office buildings on the block, refused to sell. The buildings in question were relatively low-rise, somewhat older, and might be considered an underutilization of this very valuable real estate.

Posted by annoregni on Tuesday, June 19 @ 18:21:08 MST (3925 reads)
(Read More... | 9010 bytes more | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
Tennessee and Eminent Domain
Eminent Domain

This Session the Tennessee General Assembly is at work trying to guarantee and reassure the citizens of their private property rights where eminent domain is concerned. More than 60 bills seeking to protect the public were filed in February. Some of the ideas attempt to change the process; some attempt to amend definitions. Very quickly, one bill known as the Farm Bureau bill, rose to the top and passage seems imminent. Like all of us, farmers want protection from seizure of their private property for private economic development.

While my respect for the Farm Bureau is very great, after being worked through committee, this bill essentially guarantees very little protection for Tennesseans when it comes to eminent domain. To quote Sandra Day O'Connor in her dissent of the Kelo decision, the "specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

The bill states that 'public use' shall not include either private use or direct public benefits deriving from private economic development or private commercial enterprise, including the benefit of increased tax revenue and increased employment opportunities - except in the case where eminent domain is used for; roads, public utilities, private utilities, housing authorities, community development agencies for urban renewal or redevelopment plans; or for industrial parks. Looking at that list, I really can't think of any exception for private economic development by eminent domain that the bill leaves out.

The bill also sets up a mechanism for taking land for industrial development. One merely makes an offer that is declined and then heads to Nashville to the Department of Economic Development for a certificate of need. Tennesseans with family farms reading this article who hope to hand their land down to their offspring may wonder how well the Department of Economic Development will protect their property from a seizure for private industrial development. One may ask why the certificate shouldn't come from the Department of Agriculture.

The opening clause of the bill purports to quote Article 1, Section 21 of the Tennessee Constitution by stating there should be no use of eminent domain "unless the taking is for public use and accompanied by just compensation" but this restatement omits one other very important criterion "the consent of his representatives." You see the Tennessee Constitution includes an accountability clause. Elected representatives must guard their constituent's interests and protect their rights while at the same time balancing the "common good." Faced with such a decision, most representatives would very soberly consider the rights of their voter verses the benefit to the public from such a seizure and therefore vote accordingly.

Another aspect of the bill that remains suspect is a clause that allows for the disposal of previously seized property by resale to a private person or corporation. Certainly fairness would dictate that any land acquired by eminent domain that the government wishes to dispose of should be offered to the previous owner, if living, for the right of first refusal.

Several other areas of the bill cause me to pause and wonder just what this bill is trying to secure or protect for the public. The Kelo decision shocked many of us and shattered our traditional understanding of the government's eminent-domain powers and the rights of private property owners. Traditionally, public use includes a public highway, public school, or a military base. Public use has also included firms and government entities that offer government regulated services to the public and need property for right of way including water, railroads, and power generation.

The legislature must protect the citizens of Tennessee against the potential for abuse at the hands of our own government. Tennesseans should insist that the law require developers to purchase private property on the open market. The process this bill sets up actually increases the likelihood that an unethical state official could abuse eminent domain for personal gain or political favors. Please contact your state representatives and encourage them to pass an eminent domain bill that strengthens the hand of property owners.


 State Rep. Susan Lynn, TN

Posted by annoregni on Friday, April 21 @ 21:26:15 MST (4026 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 792

Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/config.php on line 117

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 742

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 744

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 746

Deprecated: Function eregi_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 748

Deprecated: Function ereg() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 751
COMMONWEALTH OF VIRGINIA'S POLICY SET BY GOOGLE???
Eminent Domain New Page 1

VDOT authored VA terror manual calling property rights activists terrorists

VIRGINIA (April 20, 2006) - - Because there have been attacks on Virginia Department of Transportation (VDOT) right-of-way agents, people opposed to the use of eminent domain, which allows the government to confiscate private property for the use of others it deems more suitable, are deemed terrorists in the State's Terrorism & Security Manual.

The state could do that because VDOT wrote the manual on terrorism.

In an incomplete response to a Freedom of Information (FOIA) request from the Unalienable Rights Foundation at the request of Virginia News Source, the authors were identified as: "Commonwealth Preparedness Working Group Training Subcommittee with special cooperationh from the Security & Emergency Management Division of the Virginia Department of Transportation."

This apparently included both the instructors' guides, training manuals, CDs, and VHS tapes.

PowerPoint slide #15 tells instructors "stress the existence of Domestic Theat Groups especially ones located here in Virginia."

As one of several groups, it names "Property Rights Exstremists (anti-Eminent Domain) who are opposed to the taking of privatge property for the perceived good of the government. Stress that this is a hot issue on conservative radio and the Internet right now. There have been attacks on VDOT right-of-way agents and South Carolina law enforcement officers."

Others identified as terrorists are anti-government/militia movement would include Timothy McVeigh and Terry Nichols; hrfe in Virginia are the Council of Conservative CitiZens and Americans for Self-Determination.

Slide 15 goes on to urge instructors "Play down the PETA connection if it arises, as they have not been declared as a threat group."

It does name racist groups such as the Aryan Nations, the New Black Panther Party, "all located here in Virginia," environmental and animal rights entremists, the Unabomber, abortion bomber Eric Rudolph, and criminal street gangs such as MS-13 and the Bloods. "Stress," it says, "that Asian street gangs are now becoming prevalent in Northern Virginia."

The UARF asked to the state to reveal exactly who originated this manual concept and the names of everyone who signed off or approved it up the chain of command. The state failed to respond in detail, but did say X-Gov. Mark Warner signed off on the document.

Where did it gets its information and detail? From open sources on the Internet, sparking one wag to say, "Google wrote the damn thing. They got all their information Googling."

UARF has submitted an additional request that the state comply with the details of the who, what, when, why, and how as it relates to the manual.

Posted by annoregni on Friday, April 21 @ 14:12:53 MST (3946 reads)
(Read More... | Score: 0)




Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/footer.php on line 15
Become a HCN Commentator

HCN Commentators come from all walks of life brining original content that entertains, informs, and inspires HNC’s readers. They are credible, passionate and influential because of their knowledge of a specific topics. Join their ranks. 

HCN posts are part of an open academic discussion among professionals and they are not intended to constitute either a professional opinion or professional advice. It is for academic discussion purposes only. It in no way expresses the true opinion of the commentator. HCN provides an academic forum for the free and open expression and discussion of ideas, theories, and concepts about  issues relating to government/political policy. Creativity, speculation and rumination are encouraged. The comments published here should not be taken to represent the commenter's position or opinion in any present or future publication or litigation; they should be regarded as tentative thoughts, subject later rethinking and revision in accordance with future promulgations.  They are not to be taken as professional advice and do not create any professional relationship.  Additionally, notwithstanding anything contained in this e-mail or the provisions of any “electronic signature” law, no offer is intended to be extended or accepted hereby and it is the intention of the commenter, author, and/or sender that a contract may only be formed by a document physically signed by the author or an appropriate officer of the employer of the author or its relevant subsidiary as the case may be.

 

To Request to Become a HNC Commentator

 





Deprecated: Function eregi() is deprecated in /home/content/40/6020740/html/helpcom.net/blocks/block-Big_Story_of_Today.php on line 19
Big Story of Today
There isn't a Biggest Story for Today, yet.


Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 978
Hurricane
·

301 Moved Permanently


CloudFront
" target="new">301 Moved Permanently


read more...

Gas Prices 1/2hr Updates

HELPcom.NET Gas News



Deprecated: Function ereg_replace() is deprecated in /home/content/40/6020740/html/helpcom.net/mainfile.php on line 978
Unalienable Rights Foundation
·Virginia Marine Resources Commission April 24 / 2017 Meeting
·2017 Virginia Council Meeting Dates
·Tell your representatives in Congress to End Daylight Savings Time!!
·Service available to the hearing impaired attending government meetings
·How to get notices of government meetings in Virginia!!!
·The GOP Virginia Assembly screwed you !!!!!!!!!!!!!!!!!!!!!!!
·Reasonable Accommodation Requests for Assistance Animals
·Virginia State Board of Education School & Division Accountability
·General Notice - Hollyfield II Solar LLC - Notice of Intent - Small Renewable En
·Virginia General Assembly Legislative Update 2-24-2017

read more...


 

HELPcom.NET

Voter News and Issues

P.O. Box 65002
Virginia Beach, VA 23467-5002

E - Mail US






Google Search helpcom.net

All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © MMIX - MMXVI by Helpcom.net LLC [HCN].

Filed Under: Internet Law , Privacy , Advertising and Anti-Spam Regulations


You can syndicate our news using the file backend.php or ultramode.txt
Copyright; 2006 by HELPcom., LLC