Fairfax County lawmakers say they fear eminent domain legislation being considered by the General Assembly will delay transportation projects and drive up the already sky-high costs of area road work.
But Virginia lawmakers say the constitutional amendment is needed to protect private property owners from local governments eager to seize private land for public use.
The amendment would require localities that seize private property to compensate the owner not only for the value of the land but for “lost profit” or “lost access.” Current law requires only that the community pay “just compensation” for the land.
Local officials, who have been lobbying against the measure in Richmond, say compensating for lost profits would substantially increase development costs for localities already short on cash. A financial analysis of the legislation shows that such payments would add about $36 million a year to the cost of transportation projects around the state.
The Virginia Department of Transportation also warned that the federal government doesn’t typically reimburse the state for the costs associated with seizing land through eminent domain so any increase in those costs would come out of a state transportation budget that is already failing to keep pace with Northern Virginia’s needs.
Fairfax legislators, already facing a slew of transportation challenges, say the eminent domain legislation would slow crucial local road work even though the county doesn’t often claim land through eminent domain.
“It’ll delay the process a lot, and time is money,” said Mason District Supervisor Penny Gross, the board’s vice chairwoman. The legislation would “essentially shut down any road improvements at all,” she said.
Sen. Mark Obenshain, the bill‘s sponsor, said the legislation is needed to stop local governments from seizing private land that it then turns over to another private entity to develop. He said provisions in the bill set a high bar for owners to prove what constitutes lost profits.
“I don’t believe that this will slow down any condemnation one bit,” said Obenshain, R-Harrisonburg. “If [the condemnations] in a rare occasion involve more costs to local government, it’s only in those cases where a property owner proves that he’s […] legitimately suffered lost profits.”
The bill has passed the state Senate and must still clear the House of Delegates. If it passes both chambers, Virginians would have a chance to vote on the measure in November.
