VOL. 52, ISSUE 18 | MARCH 2, 2011
Mace & Crown Student newspaper of Old Dominion University in Norfolk, Virginia, since 1930
Manifest Destiny Eminent Domain to allow ODU to acquire more property by
David Bakhshaee Staff Writer
Old Dominion University will be developing and building more businesses and student housing facilities. The city’s housing authority can proceed forward with taking five properties around the Old Dominion University area to make way for the subsequent developments of the University Village project, but those property owners are not willing to give up just yet. Norfolk Circuit Court Judge Louis A. Sherman ruled on Feb. 18 that the Norfolk Redevelopment and Housing Authority is legally able to take properties under Virginia’s eminent domain grandfather law. The ruling, which allows the Norfolk Redevelopment and Housing Authority’s’ lawful capability to seize properties under the eminent domain law, had by that time already been determined in preceding series of contentious confrontations focused on the University Village. “The facts are substantially the same”, said Sherman. The University’s redevelopment area is located east of Hampton Boulevard. This current case regarding the legal means of seizing properties for the University’s benefit
Danielle Buxton Mace & Crown The housing authority, founded in 1940, is a national leader in community revitalization and the largest redevelopment and housing authority in Virginia.
and to sustain its current colossal growth explosion is the third time in the last 12 years eminent domain has been challenged. In regards to each of the three cases challenging eminent domain, redevelopment has been allowed to proceed. In the past, because redevelopment was given the green light, the area
encompassing Old Dominion University is now home to the Ted Constant Convocation Center, student housing facilities and commercial and business offices and space. The housing authority, founded in 1940, is a national leader in community revitalization and the largest redevelopment and housing authority in Virginia. The housing authority has been amassing land and turning it over to the Old Dominion University Real Estate Foundation, which is seeking to expand shops and housing south of the University. All of the properties within the development area have been acquired, with the exception of those held up in court. The judge’s decision will grant permission allowing the housing authority to progress with a court hearing to resolve and settle the sales prices for those properties. The five properties include Central Radio, a communications repair company entangled in the lawsuit. Central Radio is now situated next to a 1,000 student apartment complex. The other properties include a apartment building on 41st Street, whose owners are also challenging the housing authority, a duplex on 40th Street, an empty lot nearby and Norva Plastics Inc., which is located at 3911 Killam Ave. The owner of Norva Plastics is determined to put up a contentious fight due to what they believe is a low-ball offer of $2.08 million for their property.
Danielle Buxton Mace & Crown The University’s redevelopment area is located east of Hampton Boulevard.
The legal counsel for the businesses whose properties are being seized said the property owners planned to appeal their cases to the state
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Supreme Court. Their argument is that the housing authority had to have acquired the properties by July 1, 2010, when the state law’s eminent domain grandfather clause expired. “We’re not deterred in the least bit,” attorney Joe Waldo said. “We believe very strongly that we will prevail before the Supreme Court.” Uproar has been caused by institutions seeking to conquer land that will benefit their cause. All of the commotion is in regards to the damages and losses that are sustained during the process of taking properties under the eminent domain law. On Feb. 22, the Virginia Senate took the first step in redefining “damages” under the eminent domain law. Under the old standard, the affected party, whether it is the business, homeowner or landowner, had to prove damages to receive compensation. Under the new proposed standard, the damage experienced by a business owner or homeowner would be measured as a loss of profits or a loss of access. “This constitutional amendment will put the General Assembly in a position to move adequately to compensate some of those losses,” said Sen. John Watkins of Chesterfield, Virginia. Sen. Watkins has been a leader spearheading the effort to amend Virginia’s constitution. Another figure who is interested in reforming property rights in Virginia is State Attorney General Ken Cuccinelli., Cuccinelli said that the steps made by the Virginia Senate to include permanent property rights protections in the Virginia Constitution were steps in the right direction. The changes include efforts to correct past wrongs that were included in the old law. The first guarantees that private property only be taken for pure public use such as schools and utilities; not for increased tax revenues, economic development or private gain. The second component makes sure that the hindrance of proving the taking of land is for true public use is solely left on the entity taking the property. The third measure cited that no more property be taken than is essential in completing the project at hand. Lastly, the amendment ensures that the public bears the cost of taking private property, not the individual property owner. This is due to the notion that the public at large benefits from the property so therefore the public should bear the total cost, which includes compensating landowners for loss of profits when businesses are forced to move. “For too long, government and certain business interests colluded to make it possible to take the land of one landowner and give it to another, merely for the purpose of increasing tax revenue, or employment, or private gains,” said Cuccinelli.