The Virginia Pilot Virginia Must Reform Eminent Domain Laws Objection ! Delegate Thelma Drake |
I welcome the Virginia Pilot's Editorial "no Mac Arthur Center, no Norfolk renaissance,"
which highlighted the abuse of eminent domain and your concern for
the issue of what defines a public use. My proposed bill to define public use was not
intended to "cripple" the ability of cities to redevelop by defining public use.
I support the legitimate use of eminent domain. The land MacArthur Center sits on today
was taken decades ago under the legitimate exercise of eminent domain. That public use
was under slum clearance. Many of the houses condemned had no utilities, sewer, or
water. Long standing law acknowledges that government has the power of eminent
domain, which is the right to take a person's property for a public purpose. Our
Constitution provides that the General Assembly must define public purpose, which we
have defined as "public use."
In light of the misuse of eminent domain across the country, I believe that our current
definition is inadequate.
The Institute of Justice in Washington, DC recently published a book with more than
10,000 examples of the abuse of eminent domain in the United States. Too often in
Virginia and around the nation property is taken from one individual only to convey it to
another private owner in the name of economic redevelopment
At my request the legislation will not be voted upon this year but will be continued to the
2005 session. During this time the House Study Commission, which I chair, will establish
a Work Group to fully discuss this issue. In fact , during the past three weeks there have
been several discussions with redevelopment authorities across the state, VDOT, utility
companies, and local governments, including Norfolk.
As simple as the goal may be to clearly define "public use," the underlying issues are very
complex. There is a fine line between the need for a local government to redevelop and the
constitutionally protected rights of private property owners. Regrettably, there are many
examples of the misuse of eminent domain in Norfolk, in Virginia, and across the country.
As a result of my proposed legislation, there is a new interest in coming to grips with
abuses involving the exercise of eminent domain.
I look forward to the work of the House Study Commission and I believe that the citizens of
Virginia will be well served by our efforts.
Thelma Drake
House of Delegates
Norfolk, VA
which highlighted the abuse of eminent domain and your concern for
the issue of what defines a public use. My proposed bill to define public use was not
intended to "cripple" the ability of cities to redevelop by defining public use.
I support the legitimate use of eminent domain. The land MacArthur Center sits on today
was taken decades ago under the legitimate exercise of eminent domain. That public use
was under slum clearance. Many of the houses condemned had no utilities, sewer, or
water. Long standing law acknowledges that government has the power of eminent
domain, which is the right to take a person's property for a public purpose. Our
Constitution provides that the General Assembly must define public purpose, which we
have defined as "public use."
In light of the misuse of eminent domain across the country, I believe that our current
definition is inadequate.
The Institute of Justice in Washington, DC recently published a book with more than
10,000 examples of the abuse of eminent domain in the United States. Too often in
Virginia and around the nation property is taken from one individual only to convey it to
another private owner in the name of economic redevelopment
At my request the legislation will not be voted upon this year but will be continued to the
2005 session. During this time the House Study Commission, which I chair, will establish
a Work Group to fully discuss this issue. In fact , during the past three weeks there have
been several discussions with redevelopment authorities across the state, VDOT, utility
companies, and local governments, including Norfolk.
As simple as the goal may be to clearly define "public use," the underlying issues are very
complex. There is a fine line between the need for a local government to redevelop and the
constitutionally protected rights of private property owners. Regrettably, there are many
examples of the misuse of eminent domain in Norfolk, in Virginia, and across the country.
As a result of my proposed legislation, there is a new interest in coming to grips with
abuses involving the exercise of eminent domain.
I look forward to the work of the House Study Commission and I believe that the citizens of
Virginia will be well served by our efforts.
Thelma Drake
House of Delegates
Norfolk, VA
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