eminent domain

The legal battle over a three-acre plot of land on Reserve Avenue has ended, with B&B Holdings accepting its condemnation. The City of Roanoke had exerted eminent domain to take the land for a Carrilion Clinic biomedical park, but has since dropped those plans.

The case has been closely watched by advocates of property-owners' rights, who are pushing for stricter limits on the use of eminent domain to seize land. Ultimately, the owners in this case, Jay and Stephanie Burkholder, gave up the fight because it made good financial sense to do so. The legal battle cost them about $600,000.

"After spending that kind of money and all of this time, we've lost our property," Stephanie Burkholder said. "With the economy the way it is, we are making the decision we need to make for our financial future."

Read more in The Roanoke Times....

The Roanoke Redevelopment and Housing Authority has to pay Jay and Stephanie Burkholder $2.2 million for land seized under eminent domain. The figure falls between the $1.53 million the housing authority had offered to pay and the value of about $4.5 million given the Burkholders by two appraisers.

The Burkholders plan to continue their fight against the seizure, and say they hope to ultimately strengthen the rights of Virginia property owners.

"I intend to be a missionary or warrior for property rights," Stephanie Burkholder said. "I will not roll up and go away."

Read more in the Roanoke Times....

State lawmakers are considering an effort to make eminent domain laws more stringent through a constitutional amendment, according to the Roanoke Times.

This comes to light after the city condemned a property that is actually not in bad shape. This came about because Carilion had possibly expressed interest in the property when building the new Riverside Center. However, now Carilion does not need the property, but it is too late the the property owners lost out.

This is of concern to business owners, but also to homeowners. Stories like this can make businesses shy of relocating to certain areas, which can affect the local economy and property values.

Hopefully, in the future government officials and property owners will be able to come to solutions about properties in up-and-coming communities.

"The condemnation of property in Roanoke without a particular plan for its use has some legislators talking about changing Virginia's constitution.

'It points out the need that we have more work to do,' said Sen. Ken Cuccinelli, who was closely involved in tightening eminent domain laws two years ago to make it more difficult for governments to take land.

Cuccinelli, R-Fairfax County, said that when he takes over as attorney general next year, he will support a constitutional amendment to make the changes more lasting.

'This is the kind of thing that constitutions are supposed to protect us from,' Cuccinelli said of the recent condemnation of land that sits in the shadow of Carilion Clinic's Riverside Center.

The controversial process took a new turn this week when officials at Carilion said they had no interest in the property, which is currently the site of a flooring business on Reserve Avenue.

Although Carilion said it never included the 3-acre tract in its plans for an office complex and medical school, property owners Jay and Stephanie Burkholder dispute that.

The Burkholders contend that Carilion, which struck a deal with the city 10 years ago to redevelop the area, was the driving force behind the condemnation of their land by the Roanoke Redevelopment and Housing Authority."

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Another Norfolk developer has received a letter from federal officials stating that the government will be seizing his land, according to the Virginian-Pilot.

The land that was going to be used to build a 15-story Hampton Inn on Brambleton Avenue, will now be used to build an expansion for the Walter E. Hoffman Courthouse. If the developer does not accept the offer from the government to purchase his land, then it will be condemed under eminent domain law. Federal law allows the government to take land for a public purpose, such as a highway or courthouse.

The concern for homeowners in Norfolk is that these are two huge properties that will no longer be providing tax money to the city, meaning that the city will have to find other ways to make up for that lost money - such as raising property taxes.

"The site of the failed Granby Tower condominium project isn't the only land the federal government covets.

Raj Randeria, a Norfolk hotel developer who had planned to build a 15-story Hampton Inn on Brambleton Avenue adjacent to the Granby Tower site, said federal officials have told him they're going to seize his land, too.

As was the case with Granby Tower developer Buddy Gadams, federal officials told Randeria they will use his land to build an expansion for the Walter E. Hoffman Courthouse."

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The Virginian-Pilot has reported that a Norfolk circuit judge has ruled in favor of the city's Redevelopment and Housing Authority to purchase several properties along Hampton Boulevard. The authority plans to clear the land and use it for the next phase of the mixed-use project, University Village.

However, the current property owners are slated to appeal the decision to the Supreme Court claiming the city is using outdated laws to purchase the property.

"A circuit judge has cleared the way for the city's Redevelopment and Housing Authority to buy a handful of properties along Hampton Boulevard, agreeing with the agency that the area between 38th and 41st streets is still blighted.

Property owners there tried to block the authority from using eminent domain to take their land, saying redevelopment in recent years has improved the neighborhood so much that it no longer meets the state's definition of a troubled area."

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