The conclusion editorial regarding eminent domain in Virginia appeared in today’s Virginian-Pilot. In it, reference is made to a study done by the Virginia Institute for Public Policy. The study, entitled “The Real Story of Eminent Domain in Virginia,” has become a “bible of sorts” for those who believe that the system of takings in Virginia is in shambles. The linked story indicates that much of the study focuses on the Norfolk Redevelopment and Housing Authority. (Interestingly enough, I have a book around here somewhere that talks about the excesses of NRHA from an earlier time. Guess nothing much changes.)
There are a number of bills for curbing the abuse of the use of eminent domain. The one that is catching the attention of the lawmakers is HJ723, which is expected to be heard on the House floor this week.
The editorial concludes:
If there is to be an error in rewriting the rules of eminent domain, lawmakers must err on the side of the fundamental rights of the property owner, not the financial interest of the government, or the developers with whom it is so often entwined.
As Virginia’s own Thomas Jefferson said: “I would rather be exposed to the inconvenience attending too much liberty, than those attending too small a degree of it.”
As it weighs the trade-offs in lawmaking, and in eminent domain reform, the General Assembly ought to look to Jefferson for inspiration.
Here, here.
VIVIAN J. PAIGE | All Politics is Local 