TUESDAY 10/30: Leagues Sponsor Panel on Eminent Domain
The Falls Church and Arlington chapters of the League of Women Voters will co-sponsor a panel discussion on the proposed Virginia Constitutional amendment on eminent domain at 7:30 p.m. Tuesday October 30 at the Falls Church City Council Chambers, 300 Park Avenue, Falls Church. Speakers will include Falls Church City Attorney John Foster and lawyer John Foote, an expert on eminent domain. The panel will be moderated by former State Sen. Mary Margaret Whipple. The proposed amendment will be on the ballot in Virginia for the November 6 election. For more information, go to http://www.lwvfallschurch.org/.
By sarafitz
October 11, 2012
If you want to know more about what will or can happen to the rest of down town Falls Church this program is a must……
Does anyone know if this event will be rescheduled before election? I have emailed LWG but I have not received a response.
I believe the answer will be no, but there is always a chance. This will probably pass as most believe in property rights, however in curcumstances of redeveloping a down town commercial area this will kill the chances. I believe it needs to be defeated and rewritten to allow circumstances such as city center parcel consolidations which is a Big problem in our city center area. Developers only go after the big parcels and the small parcels stay undeveloped and not productive…….
Barry, you might feel differently if it was your property being condemned on behalf of developers—- be it your residence, business, farm, summer home, or just a few acres of land you own with natural flora and fauna on it. If developers want to destroy existing private property to build something different on it, they can darn well negotiate to BUY it, not have the government condemn it for them.
Eminent domain (and its use for the taking of private property) is surely an issue that can generate strong feelings and debate.
What I hoped to learn at the forum – and what I still don’t understand – is what the need is for amending the State Constitution in this way.
As I understand the current situation, after the Supreme Court’s decision in the City of New London case, the Virginia legislature accepted the Court’s invitation to restrict the use of eminent domain and amended the Virginia Code (the provision is new section 1-219.1 — I think this link works: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+1-219.1).
Given that current law has restricted the use of eminent domain, what is the need to amend the Constitution? Are there consequences to putting these provisions in the Constitution that could create new problems?
One other, specific question — is the Constitution the place to be seeking to define the measure of damages for figuring just compensation in an eminent domain taking? As I understand the proposed amendment, it proposes to change the measure of what constitutes just compensation. That doesn’t strike me as something which should be in the Constitution.
Bill, I too wanted to hear more details…I *think* the idea behind making it an amendment is it would make future changes to the policy more difficult. Future changes would have to go through the route of changing the Constitution rather than a change via General Assembly actions. Changing an amendment is more difficult.
The expansion of compensation language is what I really wanted to hear. There seems to be some stir about this aspect of the proposal…something like businesses would/could/might get more compensation than private property owners.
Lou, you see how successful developers have been negotiating the north city of our “City Center”. They went after the south side because of few owners and the city owned a big chunk. Talk about being on the wrong side of the track. All I am suggesting is that it will take ED to get redevelopment in our entire downtown, and yes developers will profit, that is why they are in business, but don’t the taxpayers benefit also?……Not talking houses or farms etc…..suggesting the language needs more clarififcation to allow city and towns to participate in economic development that benefits the greater good…….