Kingsport Times NewsBystaff reportDecember
10th, 2011
MAX MEADOWS — Edd Jennings proved that farmers sometimes can prevail over
eminent domain.
Jennings recently won a lawsuit against the Virginia Department of
Transportation for its taking and damaging Jennings’ Wythe County farm during
repairs to the Interstate 77 bridge, which looms over his house and cuts his
300-acre farm in half.
“I thought the ruling was great and showed great courage on the part of Judge
Showalter,” Jennings
said.
Circuit Judge Joey Showalter ruled that VDOT’s use of
Jennings’ land
adversely affected access to his property. Between Jennings’ grandparents’ house and his
parents’ house is a mound of construction debris, covered by dirt, that VDOT
left under the I-77 bridge following the 2002 repair
project.
A jury eventually will be impaneled to determine how much compensation Jennings should get from
VDOT.
“Money is not the issue,” Jennings
said. “We didn’t sue them for money. We want to make condemning authorities
think before taking other people’s property.”
Condemning authorities such as local governments, state agencies and utilities
can exercise the right of eminent domain to take private property for public
use. They must compensate landowners. In most of the takings on Jennings’ land, including
a natural gas pipeline, electric power lines, an interstate highway, a cable
television line, an overhead bridge and a county road, the family has been
compensated. But Jennings
got nothing for the I-77 bridge repairs.
“Edd learned that, despite the old saying ‘You can’t
fight city hall,’ you actually can,” said attorney Joseph Waldo, president of
the law firm Waldo & Lyle which has represented Jennings. “This should teach farmers that
they can fight eminent domain.”
Jennings said
farmers have so many issues to deal with that it’s hard for them to focus on
land ownership. “But if you don’t have protected rights to your land, you have
nothing.”
That’s why Virginia Farm Bureau Federation has been supporting an amendment to
the state’s constitution that would protect private property rights by clearly
defining public use.
“The only way to protect homeowners and landowners is to have a constitutional
amendment that ensures land cannot be taken and given to another private
owner,” said Trey Davis, VFBF assistant director of governmental relations.
The 2011 General Assembly passed a resolution to amend the Virginia constitution. The proposed
amendment states that no more private property may be taken than is necessary
to achieve the stated public use, and that the condemner has to prove the use
is public. It also ensures that just compensation be given to the property owner.
Condemning entities would not be able to exercise eminent domain if the primary
use is for private gain, private benefit, private enterprise or increased jobs,
tax revenue or economic development, Davis
said.
The amendment must pass the 2012 General Assembly with the same wording in
order for it to be on the ballot for Virginia
voters next November.