Central Radio Eminent Domain Case To Be Appealed To VIrginia Supreme CourtSep 05, 2012
In what could be a landmark property rights case, it looks like the Central Radio eminent domain lawsuit against the Norfolk Redevelopment and Housing Authority will enter a new phase. Attorneys for the 78-year-old company, which does vital work for the U.S. Navy and employs more than 100 people, on Thursday will announce they will appeal to the Virginia Supreme Court to stop the condemnation of Central Radio and other properties for private economic development at Old Dominion Village. (The news conference is set for the company's offices in Norfolk at 3:30. Attorneys from the Norfolk law firm Waldo & Lyle will provide details of the appeal.) The NRHA, which has hounded Central Radio for years, and RHAs around Virginia have been a particular menace to private property owners in the commonwealth for decades, swiping land from hard working family-owned and small business owners in order to fulfill their centrally planned ideals that often include turning the property over to larger private entities and developers. (Hampton Roads area governments have been particularly lustful of others' property.)
But this case is particularly heinous because not only does the NRHA want to forcefully take Central Radio's property to hand it over to another private concern that it says will develop the land better, it knows it will put the company out of business because its contract with the Navy stipulates that it is located within a certain distance of the Navy's facility — and it has been at its current location for 50 years.
Adding further insult, the City of Norfolk is attempted to silence Central Radio's free speech rights with a threat to fine it $1,000 a day for hanging a banner from its building informing the public of its fight with the NRHA. The city says the size of the sign exceeds city a ordinance. Oh, by the way, Old Dominion University, which a beneficiary of the property taking, routinely displays signage of equal dimensions in the same neighborhood.
The fight on the additional legal front means more expense and hassle for Vice President and Co-Owner Bob Wilson and Central Radio, when it could be using that money to reinvest in the company (which he and his employees did build). Nothing like government of the government, for the government and by the government. (See Norfolk-Virginian Pilot op-ed by Steve Simpson and Erica Smith, attorneys at the Institute for Justice and an earlier news account by the same paper, here.)
In addition to Central Radio's attorneys and Mr. Wilson, Attorney General Ken Cuccinelli will speak at the news conference to discuss how the abuse of eminent domain power against private property owners across Virginia dramatizes the need for the constitutional amendment on property rights that will be on Virginia's ballot this November. It is, of course, opposed by local governments, who will use our tax money to defeat a measure to guarantee our rights. However, come November, on Question One, Virginians will have the opportunity to restore in some measure government of the people, by the people and for the people.
Governor Bob McDonnell signs legislation authorizing the vote this November for Virginians to ratify the proposed state constitutional amendment to protect private property rights from state and local government's power of eminent domain. Sitting, on the left, is Attorney General Ken Cuccinelli. Standing behind him, from left, are the legislation's patrons, Delegate Rob Bell, Senator Mark Obenshain and Delegate Johnny Joannou. Standing, front row, on the right, is Family Foundation President Victoria Cobb.