A proposed amendment to the Virginia Constitution that curbs the power of local governments to seize private property via eminent domain passed the General Assembly earlier this year by an overwhelming majority, but it must be approved by the General Assembly again before going to voters for final approval in 2012. The Virginia League of Municipalities is lobbying heavily against the amendment, which requires governments to pay the true value of any land seized and to reimburse landowners for their financial losses. Continuing abuse of eminent domain in Arlington and Alexandria demonstrate why this amendment is sorely needed.
Arlington County Manager Barbara Donnellan has inappropriately raised the threat of eminent domain to seize a seven-story office building in Courthouse Plaza and displace current tenants so the county can turn two floors into a homeless shelter. But as The Washington Examiner’s Aubrey Whelan reported, the building is already for sale by its Toronto-based owners for $25.5 million. By raising the specter of government seizure, Donnellan is trying to bully the landowners into lowering their asking price.
In Alexandria, city officials are appealing an April 22 Circuit Court ruling that upheld the property rights of the Old Dominion Boat Club. The Virginia Supreme Court will hear the case next year. Alexandria officials also threatened to invoke eminent domain to seize a 65-space parking lot near the Potomac River on Strand Street when the boat club refused their low-ball offer to buy the 73-foot property for a paltry $150,000 to make way for a $50 million waterfront development plan.
The lower court also ruled that the City Council improperly issued a special-use permit that allowed the Virtue Feed & Grain restaurant to set up outdoor seating on the city-owned Wales Alley, blocking the boat club’s “vested easement” dating back to 1789. Despite the ruling, the restaurant continued to use the public alley for private outdoor dining all summer. Even Del. David Englin, D-Alexandria, who voted against the constitutional amendment the first time, said that he may vote for it this time around to send a “foot-stomping” message to City Hall to back off.
The Fifth Amendment expressly forbids taking private property for public use “without just compensation,” but that is exactly what Arlington and Alexandria officials have been trying to do. The proposed amendment to the Virginia Constitution merely reaffirms what the Bill of Rights already guarantees: If the government takes your land for any reason, you will receive a fair price in return. It’s not too much to ask.
