inverse condemnation

Vital Vote Tomorrow To Prevent VDOT Abuse Of Virginia’s Property Rights Amendment!

Your urgent action is needed! Yet another amendment to our state constitution is under threat!

In 2012, after eight long years of inaction, the General Assembly passed, and 75 percent of Virginians ratified, an amendment to the Virginia Constitution to prevent eminent domain abuse. Now, VDOT has found a way around the fundamental right of property ownership enshrined in constitutional law!

A key House sub-committee tomorrow afternoon will consider SB 194, a bill to prevent VDOT from practicing in certain cases a process called inverse condemnation, which it has found to be a back door way to take property without just compensation to the owners. Doing so amounts to a backdoor subsidization for VDOT from already stressed Virginians whose taxes were raised last year to pay for new roads.

The bill is patroned by Senator Dick Black (R-13, Leesburg). For more information on how VDOT practices this shameful tactic to cheat people out of their land, see a blog post I wrote here. To understand the long train of abuses by VDOT on Virginia taxpayers and property owners, and to see a video of a VDOT official lobbying the General Assembly against your rights while being paid by your tax dollars, please click here.

Please click here to contact members of the House Courts of Justice Civil Law Sub-Committee and urge them to vote YES on SB 194 Monday!

Hands Off My Home-Church-Business

As Big Vote On Property Rights Looms, VDOT Continues To Subvert Property Rights Amendment

On Monday afternoon, the House Courts of Justice Civil Law Sub-Committee will consider SB 194, patroned by Senator Dick Black (R-13, Leesburg), a bill to put at least a partial stop on the practice of inverse condemnation, a back door method of eminent domain without just compensation prohibited by the Property Rights Amendment to the Virginia Constitution ratified by 75 percent of Virginians in 2012. (Click here for a previous posts explaining this devious process.) But it doesn't stop there. VDOT has practiced a long line of abuses to prevent the people of Virginia from enjoying what our constitution calls a "fundamental right," which is the most basic of God given rights. Property ownership is cherished as a fundamental right along with all those enumerated in the Bill of Rights, for without property, one has no protection from the government to practice free speech or worship, or even to own a home or make a living to support one's family.

For example, this op-ed by Roger Chesley in the Norfolk Virginian-Pilot, appropriately titled, "VDOT takes the low road on bait and switch tactics on land grabs," plainly explains the horrors of VDOT on the Ramsey family in Virginia Beach and why actions such as this sour voters on all government. VDOT bought the Ramsey’s property in an eminent domain case but now, because VDOT’s own actions have devalued the property, it is suing the Ramsey’s for a refund!

VDOT’s tactics in the Ramsey case are one of several it is using to sully government and hammer families into submission. VDOT fought for eight years against eminent domain reform after the deplorable Kelo decision. Now, despite the massive mandate of the Property Rights Amendment less than two years ago, VDOT continues to subvert it and torment hard working Virginia families by taking their property and not paying just compensation. Here's a list of VDOT's other actions, and below, see a video of a VDOT official lobbying against your rights while being paid by your hard earned tax dollars.

* VDOT is using the practice of inverse condemnation to devalue property, not act on it for lengthy periods during which period nothing can be done to the land, effectively taking it off the market, so that it can then buy the land for a fraction of its original worth. This not only rips off the families who often have owned the land for decades, but also is a backdoor subsidization of the project, hitting the family twice — once for its annual taxes to the Commonwealth and taking its property on the cheap.

* VDOT has attached Fiscal Impact Statements to eminent domain bills for years, a clear conflict of interest! This has unfairly condemned bills to failure. Furthermore, each FIS is nothing more than speculation. More than that, the cost of land acquisitions is the cost of doing business, just as are costs radio advertising or gas. Does VDOT file an FIS on its fuel vendors?

* By its own admission, through its Fiscal Impact Statements, VDOT admits it has ripped off the Virginia taxpayers for years by refusing to pay fair value. If there is a fiscal impact on purchasing property, the General Assembly could not have passed the eminent domain reform law in 2007, much less the Property Rights Amendment to the Constitution. VDOT’s actions equate to an attitude that property owners only rent their property until VDOT needs it.

* VDOT has a budget of land acquisitions. If it needs more money, it needs to seek it – not take people’s property cheaply.

* VDOT employees lobby the General Assembly at taxpayer expense to hold down just compensation for families’ lands — a double blow against the citizens of Virginia who effectively are compelled to pay government employees to lobby against their fundamental rights!

VDOT is a menace to Virginians in every region of the Commonwealth, urban or suburban, of all socio-economic means. It is up to the General Assembly to reign in VDOT! Click here to ask members of the House Courts of Justice Civil Law Sub-committee to vote for SB 194 tomorrow!

Forward the video to about the 25:30 mark to hear a VDOT official lobby this Senate committee against SB 194, trying to deny your rights while being paid by the hard earned tax dollars you send to Richmond!

Major Property Rights Vote In Senate Courts Committee Tomorrow!

Last week I wrote about the need to support SB 194, a bill to protect property owners from inverse condemnation, a technique that subverts the Property Rights Amendment to the Virginia Constitution voters ratified in 2012 with 75 percent of the vote. On Monday, the Senate Courts of Justice Committee considered the bill and asked for a clarifying amendment from its patron, Senator Dick Black (R-13, Leesburg). Tomorrow, the committee will vote on the final version. While the “body language” of committee members of both parties seemed favorable, nothing is guaranteed when the bill actually comes up for a vote. The opposition, which includes environmentalists, big money special interests such as utilities and railroads, local government and VDOT – the same unholy coalition that fought the Property Rights Amendment for eight years – is fighting this bill just as hard.

Why? Because this bill will shut down their backdoor subversion of the Property Rights Amendment, “inverse condemnation,” which skirts the prohibition on eminent domain. It is especially galling that local governments and

Here’s what government agencies now do: when it needs land, it publicly announces its intention to take land for “development rights” or for “conservation easements.” However, the agencies don’t make an offer for the land. Meanwhile, the property instantly loses massive value. It’s called “condemnation blight.”

The property owner can’t sell it to anyone, because the land can’t be developed. The government agency can take its time – often years – until the property is so cheap, its compensation to the owners for the taking is a fraction of what it once was worth. This is a backdoor method of making taxpayers subsidize government!

SB 194 will protect property values by allowing the owner to get compensation for what the land was worth at the beginning of the condemnation process and to receive just legal expenses in these indirect takings, just as owners do who have their land taken by conventional eminent domain. Often, property owners are intimidated from going to court for fear of expensive court costs.

Please click here for members of the Senate Courts of Justice Committee.

 

Bills To Prevent Abusive Backdoor Eminent Domain In House And Senate Committees Monday!

On Monday in Richmond, lawmakers in each chamber will consider bills to curb a backdoor way government agencies now are using to subvert out recently passed Property Rights Amendment to the Virginia Constitution. The House Courts of Justice Civil Law Sub-Committee will consider HB 738 and the full Senate Courts of Justice Committee will consider SB 194, bills designed to protect property owners from inverse condemnation. Virginians ratified the Property Rights Amendment with 75 percent of the vote in 2012. It is a shame that after such a massive victory for families and for liberty from big government, we still must fight eminent domain abuse. But the hideous procedure of inverse condemnation circumvents the Property Rights Amendment, which prohibits many instances of eminent domain abuse and guarantees fair compensation in cases where a government taking is necessary.

Here's what VDOT and other government agencies now do: When it needs land, it publicly announces its intention to take land for "development rights" or for "conservation easements." However, the agencies don't make an offer for the land. Meanwhile, the property instantly loses massive value.

The property owner can’t sell it to anyone, because nothing can be done to the land. The government agency can take its time — often years — until the property is so cheap, its compensation to the owners for the taking is a fraction of what it once was worth. This is a backdoor method of making taxpayers subsidize government!

The perfect example of this is the Bi-County Parkway in Prince William and Loudon Counties. There, the Virginia Department of Transportation forced conservation easements on all property owners, even though every property owner has written their opposition to their properties' inclusion as easements.

The bills will protect property values by allowing the owner to get compensation for what the land was worth at the beginning of the process. They also dovetail with the Property Rights Amendment's language that allows property owners to receive just legal expenses in these indirect takings, just as owners do who have their land taken by conventional eminent domain. Often, property owners are intimidated from going to court for fear of expensive court costs.

Please click here for members of the House Courts of Justice Civil Law Sub-Committee. Ask the delegates to support Delegate Scott Lingamfelter's HB 738 Monday afternoon.

Please click here for members of the Senate Courts of Justice Committee. Ask the senators to support Senator Dick Black's SB 194 Monday morning.

Despite 75 Percent Approval Of 2012 Property Rights Amendment, Government Still Engaged In Eminent Domain Abuse

On Wednesday afternoon, the Senate Courts of Justice Committee will consider SB 194, a bill to protect property owners from inverse condemnation, a technique that subverts the Property Rights Amendment Virginians passed with 75 percent of the vote in 2012, after government bureaucrats prevented it from reaching the ballot for years. It is a shame that after such a massive victory for families and for liberty from big government, we still must fight eminent domain abuse. Here’s what VDOT and other government agencies now do: When it needs land, it publicly announces its intention to take land for "development rights" or for "conservation easements." However, the agencies don’t make an offer for the land. Meanwhile, the property, often in the same family for decades, or invested in for retirement or for family needs, such as paying for children’s college education, instantly loses massive value.

The property owner can’t sell it to anyone, because nothing can be done to the land. The government agency can take its time — often years — until the property is so cheap, it’s compensation to the owners for the taking is a fraction of what it once was worth. This is a backdoor method of making taxpayers subsidize government!

The perfect example of this is the Tri-County Parkway in Prince William and Loudon Counties. There, the Virginia Department of Transportation and the federal government teamed up to "grant" conservation easements to land in a historic district so as to build a road near a historic battlefield. Yet, it asked no property owners if they wanted the easements and, in fact, every property owner wrote asking for their land to be removed from the easements. But, the government is sticking to its position.

Please contact members of the Senate Courts of Justice Committee, especially if your senator is a member. Ask them to support Senator Dick Black's SB 194 this Wednesday. The bill will protect property values by allowing the owner to get compensated for what the land was worth at the beginning of the process.

The bill also dovetails with the Property Rights Amendment’s language that allows property owners to receive just legal expenses in these indirect takings, just as owners do who have their land taken by conventional eminent domain. Currently, property owners, especially older ones, are intimidated from going to court for fear of expensive court costs.

ACTION: Please contact members if the Senate Courts of Justice Committee and urge them or her to vote yes Wednesday on SB 194, to prevent this shameless method of government taking families’ lands on the cheap and circumventing the Property Rights Amendment!