Eminent Domain: In Virginia, Only Blighted Properties Can Be Condemned

Thursday, October 17, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 10
 

A state statute limiting redevelopment and housing authorities’ eminent domain powers to blighted properties--not all properties in a blighted area--applies to all properties that had not yet been condemned by July 1, 2010.

Facts: In 1998, the City of Norfolk, Virginia approved a project that would redevelop a nine-and-a-half-block area that was blighted. There were two challenges to the Norfolk Redevelopment and Housing Authority’s condemnation of properties in the blighted area. In both cases, the courts upheld the Housing Authority’s condemnation of properties in the blighted area.

In April 2010, the Housing Authority filed a petiti[..]

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