By Meghan Hoyer The Virginian-Pilot©February 22, 2011
NORFOLK
The city's housing authority can move forward with taking five properties around Old Dominion University to make way for the
next phase of the University Village project, a Circuit Court judge has ruled.
In a decision dated Friday, Judge Louis A. Sherman said Norfolk Redevelopment and Housing
Authority's legal ability to take properties under Virginia's grandfathered eminent domain law had already been determined in earlier rounds of fights centered on University
Village.
The case was the third time in 12 years that eminent domain has been challenged within the university's redevelopment area east of Hampton Boulevard.
"The facts in the present case are substantially the same," Sherman wrote.
In each case, redevelopment has been allowed to proceed. The area is now home to the Ted
Constant Convocation Center, student housing, and commercial and business space.
The housing authority has been acquiring the land and turning it over to ODU's Real
Estate Foundation, which is working to expand its mixture of housing and shops south of the university.
All properties within the redevelopment area have been purchased,
except the ones tied up in court, allowing development to progress in the formerly industrial area as holdouts remain.
Central Radio, a communications repair company
involved in the lawsuit, now operates next to a 1,000-student apartment complex. A small apartment building on 41st Street whose owners are also fighting the authority sits
alone in an empty field.
The judge's decision will allow the housing authority to move forward with a court hearing to determine sales prices on both properties, as well
as a duplex on 40th Street and empty land nearby. Through a spokesman, authority officials declined to comment about the decision Monday.
A fifth property at 3911
Killam Ave. also will go forward toward determining a sales price but is shaping up to be a more contentious fight than the others. The owner of Norva Plastics Inc. says the
housing authority's appraiser improperly valued the property, leaving him with a low $2.08 million sales offer.
The attorney for the companies said the property owners
planned to appeal their cases to the state Supreme Court, arguing that the housing authority had to have acquired the properties by July 1, 2010, when state law's eminent domain
grandfather clause expired.
In 2007, the General Assembly strongly limited the ability of authorities to take properties under Virginia's eminent domain law but allowed
ongoing projects such as ODU's to continue for three years.
"We're not deterred in the least bit," attorney Joe Waldo said. "We believe very strongly that we will
prevail before the Supreme Court."
Meghan Hoyer, (757) 446-2293,
megan.hoyer@pilotonline.com
The following comments were received from all across the Tidewater area.
What the community has to say:
Next will be NSU
Okay, now NSU will want some land to expand their campus too!
Norfolk is priceless
Stealing land
Defrauding tax payers
Citizens vote no those in office do it any way
Giving tax breaks to businesses mean while the tax payers can't even afford the rent
Building light rail in the middle of a flood zone
Using city visas to pay for personal items
Paying employees for 12 years after they were fired
Lying and covering up reports
Showing favoritism on gov. contracts
The list goes on.
Hampton Roads is the butt end of the earth for sure.
Maybe ODU should try and
Maybe ODU should try and take the property that the cities golf course sits on. That a nice prime piece of land right next to ODU.
Brilliant idea! Commercial
Brilliant idea! Commercial and residential development on a hilly reclaimed land fill seems like a no brainer...
I always wondered why they didn't built town center on mount trashmore, it just made so much more sense
So how long will ODU be exempt from the current law?
And how far can they expand in the name of economic redevelopment? Can they start knocking down homes in Larchmont and Colonial Place next? ODU should be partnering with companies like Norva Plastics and Central Radio to bring some real world applications into their lackluster engineering program, instead of trying to running them out of business to bring more fast food joints, apartments, and bars onto their ever-expanding "campus".
I agree that partnerships
I agree that partnerships with local businesses are a good idea, and actually think ODU should build around Norva Plastics since its currently a profitable functioning business. Plus, 2 million is a lot of cash for that lot. They're trying to bilk some extra cash from the taxpayers. But anyway, to say ODUs engineering program is lackluster is plain wrong. That program is quite respected and easily the best behind VT and UVA. And its not that unusual for them to get the best of those two in competitions these days.
Another set back for the City of Norfolk
The tragic consequences of this ruling are that we continue to remove properties off the tax role for the city of Norfolk and thus shift that onto the rest of us. The city already has a low percentage of taxable properties and this doesn't help. It also runs legitimate business out of Norfolk. And for what? To build yet another parking garage or dorm building? Please. ODU has no inherent "right" to expand.
ODU is a public university that needs to have room to grow
and expand. Businesses on the edge of ODU knew this day was coming years ago. Instead of paying tens of thousands of dollars in legal fees they should be looking for alternative sites. They need to work with the Norfolk Econonmic Development Group to find suitable sites. ODU will bring nearly a billion dollars of economic muscle to Hampton Roads - it is a public university that has the right to expand to meet the needs of the entire region and commonwealth. If we play the eminent domain game, small parcels can drag down progress! Several appraisals need to be done and arbitration may be needed. But get it done!
Ok
So when ODU feels the need to open another satellite campus and your home is in the middle of the proposed site, will you be just as accepting of them stealing your home in the name of emminent domain? Somehow, I doubt it.
All these commenter's
All these commenter's complaining about ODU acquiring these properties just need to get over it
I haven't read a single comment opposed to this that cites ANY benefits to the community surrounding ODU if these run-down/depressed properties were allowed to stay... It's always a philosophical/abstract argument related to some belief that government shouldn't be allowed to do this
If you have ever lived, worked, studied, or shopped anywhere around the University Village/Convocation Center you would know the dramatic improvement its provided to the community - including reduced crime, more jobs, and making ODU and Norfolk a more attractive place in general
Basically, get over it
Reduced crime?
Is that why they want a new police station there, and need escort services, etc?
Yes... reduced crime... by
Yes... reduced crime... by definition a reduction. Note the difference between "reduction" and "elimination" ...ODU isn't located on a cul-de-sac in the suburbs
Obviously you're not too familiar with some of the businesses
I don't think anyone could call Central Radio and some of the other businesses "run-down/depressed properties". Hopefully Central Radio and the others will be smart enough to relocate their businesses out of Norfolk. I would think that would be a pretty healthy tax loss to the city. Maybe one day, after you get out of school, you'll realize that the real world is more than the cute little campus centers and places where college students can go to spend the allowance that mommy and daddy give them. If the state want's to buy the businesses property for a little more than the market value that's fine. To try to steal it for a bargain basement price is another story altogether.
Actually, I've never
Actually, I've never attended ODU, and I already have a degree. I did spend my entire life growing up in Norfolk, quite
close to ODU, and I've seen first hand just how much the growth at ODU has helped everyone, not just the city coffers, but the rich and poor that surround the campus, and the
students.
On the other hand, you don't mention having any stake in whether the area flourishes or was wiped clean off the map... only that the property owners are compensated fairly
enough.. which is again, from the courts determination, not the case
And believe me, when you weigh central radio contributions to the city against ODU and associated developments, everyone can clearly see what is really helping the
city
Central Radio
Central Radio's primary customer is the Navy. Its location is critical to its mission as rapid response to the Navy's needs
is required.
Locating out of Norfolk, or even anywhere in Norfolk not near the base and the shipyards would degrade their business.
One location is not like another. There is no alternate location suitable for Central Radio which can be had from a willing seller at anything close to the price the NRHA is
offering.
Moving to another location will be financially crushing to the owners. But in eminent domain takings, only the real estate value, and not the value of the business or the
appropriateness of the location is considered. A multi-million dollar business can be destroyed for the value of the dirt it sits on.
Have Central Radio move to
Have Central Radio move to Wards Corner and tear it down. Put their headquarters there. Sounds like a win/win to me. Don't like that plan, there are tons of other areas. The Bank of America building has plenty of space downtown. There are a number of industrial parks in the city to move into. Real estate prices are dropping, so even though they may not get the prices they could have 5 years ago (just like everyone else) they can buy and relocate cheaper now too.
There's even more at stake here
Central Radio, as NHRA should know, is a Veteran Owned Small Business located in a HUB Zone. These designations basically allow them to compete at a higher level for government contracts. Without the HUB Zone designation, their business is dead in the water. NHRA should be willing to compensate them for the next 100 years of lost contracts for not being in a hub zone, which literally would be hundreds of millions of dollars.
So basically your point is
So basically your point is that this business only survives because us taxpayers pump our money in the form of subsidies
that allow it to evade taxes and compete unfairly with other competitors...
Oh, government is horrible and over steps its authority!, unless of course it's used to enrich people with any affiliation to the military
Hampton Roads dependency on the military is the exact reason it's stagnating while metro area's in NC and the rest of VA pass it by
Benefits
First, why must a citizen's property benefit the public? It is his property, not the collective's. It only needs to benefit its owner and not harm others.
But I would suggest that there is a great benefit to the public to be secure in our ownership of our property and our businesses. If this can be done to these citizens, it can be done to any of us.
There is great benefit to living in a city that respects the rights of its citizens. Too bad that isn't Norfolk.
Again.. you're basing your
Again.. you're basing your beliefs in abstract philosophy, not what the public wants and what would benefit the community, which is what democracy is about
You can take libertarian ideas to a lot irrational conclusions, like individuals shouldn't pay taxes to support the police, firemen, or emergency services... or to simply pick and choose laws and court rulings you want recognize as legitimate... but the law and the court made its decision
Also.. to most of these property owners this is simply a business game to them... they were wealthy individuals who bought those properties with the express purpose of demanding unreasonable prices from ODU... they had no plan to develop anything, but let things stagnate for their own enrichment
Truly sad
That you place no value on principles in governance or the security of the rights of your fellow citizens.
We, thankfully, do not live in a Democracy. We live in a Republic in which the rights of the individual trump the collective avarice of his neighbors.
These aren't helpless people
These aren't helpless people being driven from their homes, and the businesses that actually operate knew this day would come for over 20 years
Your reasons for why central radio should stay are the needs of the navy and the city losing their tax revenue
The government spends hundreds of billions of taxpayer dollars funding the military, which seems to be fine with your because it benefits our economy, but the government spendings a fraction of a percent of that amount to improve the community directly is an outrage...
Clearly government spending and authority are bad and misguided, unless they fit into your own interests, in which case "of course, thats what governments for!"
20 years????????
To suggest that 20 years ago anyone should have anticipated what would happen is rediculous. You can always tell who here generates tax revenue and who depends on it for their living.
I'm glad you can determine
I'm glad you can determine "who here depends on tax revenue for living" simply by whether they support relocating a
business that is blocking a universities expansion..
It's also pretty easy to tell who's received higher education... given that its common knowledge universities have growth plans for 20 or 30 years into the future.. but if
you've never attended one I guess that would be pretty "hard to imagine"
Why is it [redicouls] to
Why is it [redicouls] to think that a university that gained university status in 1969 wouldn't continue to grow? 20 yrs out for this plan is far from ridiculous,it actually makes pretty good sense.
Blight
Most of these properties are able to be take by ODU because they have been declared a blight location. While yes there are some properties that deserve it, there are others that don't. Central Radio's building is not a blight, it is an industrial facility that look pretty good. Maybe these owners need to challenge the blight ruling to get the eminent domain ruling overturned.
...
Good Point.
Den of thieves
I will remember this when ODU goes to the State looking for more funding. If they have the money to speculate in real estate, they don't need my tax money.
And as far as NRHA, I hope to see them in jail right along side of the HRT folks. This is more fitting for a Soprano's plot than representative government.
Hate to say I told you so, but I did
http://hamptonroads.com/2010/12/thuggery-masquerading-redevelopment
AMEN TO THAT DOC!
I figured these property owners would get the shaft in circuit court. This is another reason why VB doesn't need a redevelopement and housing authority.
not speculating
ODU isn't really playing the real estate speculation game. Its not like they are building condos or a shopping mall. They are building a student housing complex that includes space for commercial retail activity. The mixed use aspect gives students a better experience without the need to have a car.
since when
is it within the scope of education to be developing ANY retail property--especially with my tax money?
You did tell us Doc
"And as far as NRHA, I hope to see them in jail right along side of the HRT folks."
Legalized theft of private property is exactly what this is in Norfolk by the speculators at NRHA. I thought the VA legislators took care of this criminal activity years ago.
I've also said before that the NRHA needs to be shut down, permanently. The Norfolk "projects" are a massive waste of capital and an environment where crime festers.
This is not the America I know where developers with teams of lawyers and wads of money can take a persons castle.
NRHA needs transparency. They are exempt though from the VA sunshine laws.
One hundred million dollars a year for that agency.
And now this.
I will agree
NHRA needs transparency. They have failed the citizens of Norfolk on how they handle land acquisitions, sales, and public housing. Anyone from the outside can look in and see that something is wrong. If you are unfortunate to know types who are from there as I am, you know exactly what is going on. Broadcreek should have been the whistle being blown on NHRA and how they said publicly that individuals living there "must retain sustained employment". What is odd about that is, you do NOT currently require that of your current public housing residents. That is fundamentally wrong and unfair to adjacent residents as ordinance is a huge issue. If they can't get that right, what makes anyone believe they will do this right
Wow! What a surprise!
A non elected Judge ruling for the Imbeciles that put him in power. Eminent domain was not intended to include Wal-Mart's, Apartments and pet projects of the socialist agenda and for the elected officials increase in power and personal gain.
you should learn the system
What imbeciles put this judge in power and benefitted from the ruling?
That said, I am hopeful Joe Waldo will ultimately prevail. The state has now right to take property from one private owner to turn over to another private owner. Even if the
cause is an ultimate good. Eminent domain is for the use by the "state" to serve the good of all the citizens, not the profit of a few citizens.
At Jillo86265
If you knew anything about privately owned small companies you would know that generally, the owners of the property are the V.P's and Presidents of the company. Not only that, but Central Radio bought the property over 50 years ago. I doubt anyone could of forecasted the value of that property that ODU would intend to place on it for future expansion. I use the word "expansion" loosely as they are not even sure what they intend to use the property for. They certainly are not practicing what they preach in the business school I can assure you!
Unfortunately
Having been an ODU student back in the days of the perpetual road project called Hampton Boulevard, it's a great thing to come back to see the campus with finished touches; the mixed use parks, sports fields, and the college community surrounding the school. Unfortunate though, is the thought that all the established businesses are losing their property rights under the auspices of eminent domain and "blight." There are certainly viable businesses in the area and I can feel for the individual owners but, as a community, the needs of the university and the economic diversity and prosperity it can bring greatly outweigh the benefit that these few can businesses can offer.
This reminds me of the "Company Town"
Years ago, a worker shows up at "the plant"
The worker
pays rent at the Company apartment, or housing complex
buys his and family food
buys clothing
buys occasional luxury at the Company store
borrows money from the Company
The Company here is ODU, a State supported university, again, are the profits of the Company to benefit the student with:
lower admission
lower book cost
lower lab cost?
If not, why is ODU in the commercial market?
The private sector should be the catalyst for development, not a state sponsored educational institution.
Local school boards could start the same thing!
Condemn property next to the school, open a "restaurant".
Think of the ROI and savings to the City not having to provide food service. (Sarcasm
From an ODU student's point of view...
I see no wrong in claiming the areas. Norva Plastics is right next to the University Village, and many students live in The District Apartments located directly next to the company. There is always heavy machinery making noise & also, at night there are some rather strange people that hangout outside there. People complain about the crime surrounding ODU, but the city is taking small, but necessary, steps to making ODU a better place. By eliminating these small businesses, although they may be no harm to students, ODU & Norfolk is able to build the campus into a safer and more unified one. Also, this may ultimately lead to ODU being looked at like an actual "college town" & become more welcoming and inviting for current and future students
How Would You Feel If the Academic Record You Worked Hard
To build up, was then given to another student for some reason. This is the same concept.
Central Radio - Keep Up the Fight!
Many of the taxpayers of Norfolk are with you and support you. Good luck. I recommend that you establish a site where people who support you and feel that this is a dangerous precedent can donate to your cause. Pretty sad that in this economy, businesses that employ people and support the local military are being targeted by ODU and the City of Norfolk. Good luck - your business represents the American Dream!
ODU eminent domain
The question is whether any of the aggrieved owners bought their properties in order to blackmail ODU into giving them a big payoff when the university inevitably would need to expand. I am not sure about this group of owners but this happened with Ronnie Boone (Judy Boone's son) as well as a group of well known local attorneys who snatched up properties when talk of the university original expansion began. None of these folks intended to ever live in these homes, they just were looking to take money fromn the university. Please Pilot publish the names of all the propery owners, not just the business owners.
I don't know about that...
I'm not familiar with all the property owners, but I've read enough about Central Radio to know they aren't playing that game. But, even so, if I want to buy an empty lot in hopes of reselling at the best, highest market value (defined as what someone else is willing to pay) - how is that blackmail? Government should exist to manage externalties - e.g., fine me or arrest me if I dump toxic waste on my vacant lot - but a government shouldn't exist to tell an entrepreneur he can't charge what he wants for his lot - if it's worth it, the counter party will pay, if not, they won't it (should be) as simple as that...
That is a Myth
It is a myth that people buy into the path of condemnation to have their land taken by eminent domain. What does happen is people with political connections get an early peek at the development plan before the public and then they buy property next the the project that is NOT going to be taken by eminent domain and then get the appreciation in value when the project is built. The law prohibits the landowners whose properties are actually condemned from benefiting from any increase in value associated with the project.
Should be ashamed
The city of Norfolk should be ashamed! The Norfolk Naval base is the largest base in the U.S. and Central Radio has a vital partnership with them. Central Radio is strategically located based on the location of the Shipyards and moving a multimillion dollar company, with a building specifically designed to meet the needs of special equipment is no small task. The city and ODU is putting this privately owned company's back against the wall and quite frankly I hope they come out swinging. I think any sane judge would rule in favor of what our constitution is comprised on. FREEDOM and that includes the choice on when to move or not to move! ODU should be embarrassed and ashamed!
Courage to grow
It's more likely that central radio will be able to find another suitable local location with the money that they will be paid for their land,etc. But there is only one ODU, a brand recognized nationally...and a brand that is growing(I love it). Looking at the big picture it is important, if not critical, for the Hampton Roads region to have a prominent institution of higher education. As they say, success breeds success. Local leaders should be commended for understanding this.
Sailboat
ODU is taking advantage of these people - Eminent Domain should rarely (if ever) be used. What ODU is doing is WRONG! In all my years, I have learned: What goes around comes around. ODU should back off.
They will loose....
The Supreme Court already ruled on emanate domain a few years back with a New England case. The land was stolen for private
development use.
Should start packing now and save yourself the lawyer fees.......
For those interested...
The case referred to is 'Kelo' (Google it) - worst decision by the Supreme Court in years...
Mental laspe. Kelo was a
Mental laspe. Kelo was a horrible decision.
Joe Waldo
Waldo went to UNC and W & M no surprize he would try to delay expansion of ODU. He also tried to shake down the City of Va Beach for Sand replenishment money and the Feds for the land accross from the Courthouse. That developer should have never tried to build those condos and now 6 million dollars isn't enough he wnats 13 million tax dollars.
A lawyer does not pick his
A lawyer does not pick his clients. In every case you mentioned, in fact, in every eminent domain case, they share a common feature: a private property owner who does not want to sell his property is at risk of losing HIS property to a government agency given the power to take it involuntarily by force. Private property rights are fragile enough already, bless the landowners who put up a fight. Too many do not.
Norfolk doing what they do best
Remember, in Norfolk blighted property is any property that is appears to have value and is profitable to ODU,the Norfolk Redevelopment and housing authority and the city.
what i want to know,is who
what i want to know,is who governs over the norfolk redevelopment and housing authority? because last time i checked they
sure do have a lot of
blighted housing projects around that ARE actually eyesores.maybe another governing orginazation should sieze it and call ememinet domain,just a thought.
Blight
In Norfolk, the word blight has a different meaning that elsewhere.
Here, 'blight' means a location desired by someone with connections.
Ronnie had it right...
"Families cannot prosper and keep America strong if government becomes a Goliath that preys upon their wealth, usurps their
rights, and crushes their spirit."
Ronald Reagan
Wow, great quote. Even
Wow, great quote. Even though Reagan is often portrayed as kind of slow, he had a remarkably deep knowledge of individual liberty and the dangers of government power. His writings are well worth reading even if you did not like the man. Thanks for sharing the quote.
Just Think
If Del. Hamilton had pulled off his scheme to get a job at ODU he could have mediated this situation to the satisfaction of all the parties. Maybe he can get a weekend pass to lend a hand.
Government gone awry!
This article is just one more example of our government gone awry! A government which thinks it knows better than it's citizens, and constantly decides what's best for them! Our forefathers would roll over in their graves if they could see what has happened to our Constitution. It is being shredded at every opportunity! Still want to give the government more power over your future? Most of us don't believe Eminent Domain was ever intended to take their homes and businesses from them, only to transfer them to other businesses and entities for which the government believes it is for the greater good to have. That thinking is simply wrong, and violates the property owners right to be secure in their own property from the government!
Same All Same All
Almost everything that gets put into this paper is warmed-over news. This story has been in the paper more than a dozen times in the past. It's nothing new. The only reason is stays in the headlines is that it involves ODU. And this paper never misses an opportunity to bash ODU. It's really sad.
Really?
Pilot just trying to bash ODU? I think not. This is an important issue - touching on property rights, civil rights and the ability of the powerful (government, developers) to take the property of those less powerful. It should concern every citizen that the government has given NRHA the authority to declare a property blighted & then take it, with minimal compensation and with no independent adjudication of what "blight" is. As I understand it, the business owners who will lose their real estate will NOT be compensated for moving expenses, which can be considerable when dismantling equipt etc, and getting a fair price for the real estate is made more difficult because the buyer, NRHA, has tagged their property as "blight".
The Pilot is not slamming ODU.
If it is true that ODU is going to create a retail mixed use building, than this is definetly the goverment taking advantage of the small business Owner. Just another example of our Democratic Big Brother City Council looking out for best interest.
TAKE MY NEIGHBOR'S CAR TOO
My neighbor works two jobs to support his family, but his car really makes the neighborhood look bad. Take that too.
What a crock of BS. ODU should spend more time on keeping their students safe, then worrying about how to expand further.
More ODU less for profit schools
We have a proliferation of for profit schools in this area which from what Ive seen have a lot of dubious proactices. If
ODU expanded further these schools which give dubious degrees and programs wouldn't be needed.
VCU and George mason can accomodate 30,000 students each but ODU only 20,000. Expansion to 30,000 would reduced the need for these for profit schools.
apparently
60% of ODU students are foreigners.
Trials for "FAIR COMPENSATION"
I know that Central Radio does a lot of business on the Naval Base just down the road from their shop. I hope when "fair compensation" is calculated it will include the additional travel time of technicians, cost of additional mileage and maintenance on vehicles, TOLLS, relocation cost and loss of business during the move. I also hope Central Radio and NORVA Plastics will consider moving to SUFFOLK. I'm sure the City of Suffolk will welcome the additional TAX revenue and the attraction of additional business and employment these companies have to offer. I'm sure they have quite a healthy business revenue coming in. Norfolk is a dying, corrupt, crime ridden city. NPD is perfect example of how bad it is.
outright theft
Taking somebody's business under the guise of emminent domain to sell to someone else to open a business is State-sponsored
THEFT.
Why doesn't ODU go for the Larchmont properties that are much closer? Could be too many influential people live there?
What a con this city is.......
what they don't know
he TED was built because of Wendy Larry's Women Basketball I don't ever remember seeing Ted Constance at the men's game at Scope
Shame on all those property
Shame on all those property owners who worked their lives to build their businesses and then have the nerve to put their livelihoods and properties ahead of the ODU basketball program.
So the ends justifies the means?
Perhaps you'd be fine if the government condemned your house, declared it blighted so they could pay you a below market
price, with no compensation for moving etc? The Constitution was written with limits on govt taking of property to protect the people from the government...and we should give
up those protections to get a good sports program?
Google "bread and circuses"...
What I know
I know I miss Friar Tucks. I know I miss Kings Head Inn. I know Norfolk lost part of it's culture. I know Norfolk is becoming more conformed and more just like every other city. I know I miss parts of Norfolk that used to make it great. I know property rights are of the utmost importance -- I know they are sacred. I know I want to keep the house I own until I am ready to sell it - not when someone else tells me it is time to sell it. I know what greed is. I know propertys owners are gradually losing their rights. I know goverment has too much power. I know the people need to stand up for what is right.
Eminent Domain
Good luck to all on fighting the city of Norfolk over this. I encourage all of you to fight 'til the end. I hope your time and effort will pay off more so than it did for the people who lived in Ocean View. They were robbed blind and given a fraction of what they should have been given. We can bask in the glory knowing that most of those "million dollar" homes are now sitting empty with no buyers on the horizon. That's what happens when greedy corrupt people take advantage of others. What goes around comes around.
Well put. It's no surprise
Well put. It's no surprise to me that what is left of the free market understood what government did not.
Eminent Domain should not be allowed for commercial developement
Eminent Domain should never have been allowed to be used to seize property, blighted or not, so that the property could be turned over to commercial developers. The legislature screwed up when they grandfathered the Authorities ability to continue seizing property for development. Eminent Domain should only be used for public projects like roads, schools and public buildings. Turning the property over to the ODU Trust doesn't make it a public project when they turn it over to private developers.
Wow....
Read this:
"ODU spokeswoman Susan Malandrino said the university is waiting on the rest of the property to be acquired before deciding on future redevelopment plans. Then, she said, the
Real Estate Foundation will perform a market demand study to determine if the commercial and residential uses outlined in the original redevelopment plan are still viable."
So...., NRHA is taking their property, greatly affecting their successful businesses, turning it over to ODU's Real Estate Foundation, and they're not even sure yet what
they're going to do with it??? If this isn't outrageous, I don't know what is.....
Eminent Domain
What no one is considering here is that Central Radio has been in business since 1934 and has been located on 39th Street for over 50 years. Their current building is almost 20 years old, so they did not build just to make money from ODU. ODU was given an extension by the state legislation to acquire all property for their village, they missed their deadline and no one seems to understand the definition of acquire.
Eminent domain is such a
Eminent domain is such a crock.
The state is far too corrupt to be trusted as the arbiter of "for the good of all."
Government at all levels needs to be scaled back by 50% or more. It's long past time. But to insure against the necessary correction, they've developed a populace too weak
and dependent to accomplish this.
We had better overcome this handicap soon. Now that the world is apparently dependent upon our economy, we can't afford to slide into heavy socialism like most of the rest.
Smell fish?
The community has known for over 12 years ("approved by the City Council in 1998")that the ODU Real Estate Foundation would be actively acquiring the properties and redeveloping that side of Hampton Boulevard...suddenly the Central Radio building pops up. Is it just me or do you smell fish, too? It certainly looks like the owner is attempting to cash in. Besides, its a cheap metal pre-fab block of a building that adds no character to the neighborhood - easy to plop down in an industrial park where it would blend in with all the other metal pre-fab blocks.
Anonymous misses the whole
Anonymous misses the whole point here. The fact is central radio's property is private property. It doesn't matter if its a metal building or a mansion, its Private property for the owner to do with as they wish.
you have dates wrong thanks to poorly written article.
To read the article one would think that Central Radio's building was not there until 1998. I know for a FACT that Central Radio was there BEFORE 1991. I know this because I use to deal with them in the ninties. As far as NORVA Plastics goes, if I recall correctly, their building is an older large tan brick building and is well kept. The residents of Norfolk should be up in arms because if ODU takes this property it becomes TAX EXEMPT and also NO BUSSINESS REVENUE TAXES will be produced from the property. As I said a few days ago, Norfolk is taking the same path P-Town took in the seventies.
America?
We still live in America right? This article is so disturbing. I wish there was a way to show our support for these business owners, they shouldn't be alone in fighting this outrageous injustice. By the comments already left it seems that they have a lot of support here.
Hit'm where it hurts
Support these businesses against this theft by refusing to contribute to the alumni association, don't go to anything at the
TED, don't buy football tickets or basketball tickets, and don't shop at the mall. Write a letter of protest to the corporate offices of the hotels and businesses entrenched
there.
All greedy ODU respects is money - hit them where it hurts - their pocketbooks! I've stopped all my contributions, and I've given for 35 yrs.
ODU NRHA Disgrace
The eminent domain in place for this situaton is disgusting. This is not for the greater god of all. This is for the greed ot the University to push the little guy out of the way. Property owners beware! The government is overeaching on this one. Fight on! May you win the battle against the stacked corrupted odds against you!
ODU should be more worried
ODU should be more worried about putting money into the security of its students, and the class of students they allow to be enrolled that are robbing and killing each other! If these buildings are habitable and functional businesses they should be left alone! Look at how many awful shopping centers we have around there that are ignored and the government wants to take the average business owner and put them out of business. Way to redevelop!!! Worry about your student's security! Install more cameras and police campus phones, hire more security, worry about the kids instead of encouraging yet more college inspired credit card debt with closeby shopping. What are you people thinking?
Out of line
These seizures of property are out of line and set a terrible precedent and need to be stopped cold. If they aren't, it will encourage other agencies or powerful businesses to approach the city of Norfolk to seize property for their uses. I thought this sort of abuse of power was stopped with the battles over property along Monticello Avenue a few years ago. People who purchase property DO have rights. Those rights should be fully respected.
Its not just these businesses which will be affected
ODU wants to build a strip mall, euphemistically called University Village, right across the street from the campus.
Students who have been patronizing local businesses NOT owned by the University will now have all the Pizza shops and convenience stores they need right there, effectively
short stopping the existing businesses which have been serving the student's needs.
Its a real estate developer's dream to be able to simply take the best locations by force. How many local businesses which have made their livelihood for decades serving
ODU's students will be destroyed by this scam?
University Village
University Village has already been built. This is the area around the Ted Constant Center and consists of restaurants and stores on the first floor with student housing above. These are privately owned businesses and is not a stripmall. The area is actually rather nice and is much better then the abandoned buildings and warehouses that used to occupy the area. The area is safe and is used by both students and local residents. I believe the current plan is to expand this area. While I disagree with the removal of occupied businesses using eminent domain, I do agree with ODU's plan to develop the area. In the past 10 years much of the area around ODU has gone from broken down warehouses to an active and pedestrian friendly area.
Stealing
ODU has gone from broken down warehouses to an active and pedestrian friendly area by stealing property that belongs to someone else.
You're right
Imminent Domain is important but this is an abuse of the concept to benefit certain private enterprises over others.
As an ODU alumni
I am ashamed at ODU for their total disregard of property rights. This is just another example of gov't overreach. This is the sole reason why I do not contribute to ODU.
I agree
I'm an alumna of ODU and for past 35 yrs have supported it with annual contributions.
Henceforth this will cease. Maybe all others should consider this as a way to get our message across that this condemnation is nothing but thinly-veiled THEFT.
Talk about blight!
The picture accompanying the article "Flooded tracks? No power? Light rail plans are in place" is an eye sore. For being new, it certainly makes the city old and uninviting. Maybe HRT will decorate those lovely poles in the middle of the street with mermaids or advertisement to offset cost. NAW, would create another driver distraction
This is just a scorpion
acting like a scorpion. The City of Norfolk is just doing business as usual,very shady. I and many other land lords/home owners have dealt with these brown shirt bullies in court years ago. Fight on!! If you win my hats off to you....If not do as I did move out of Norfolk and if possible try never to spend any other dime in Norfolk again!
Blighted?
Something tells me ODU would find a way to deem a new $2 million home "blighted" if it was sitting on a piece of property they desperately wanted/needed. Rather than continuing to expand the campus to a size they already cannot keep a handle on (refer to recent shootings, murders, robberies, etc...) maybe they should invest some money into figuring out how to keep crime down. I'll admit the improvements and expansions made in the last decade are great, but all the positive attention they've received from that is being destroyed everytime another student is shot, robbed, etc...
The
powers that be deemed the Laskin Road area with the Jewish Mother, the Heritage Store, a Rite Aid Drug store as "blighted". Of course it was not, some of the powerful cronies coveted the land. Appears to be the same thing here.
I will
not argue about the Jewish Mother and those shops being paid for but I know the city guaranteed some loan money and considerable tax payer money is being spent on the "improvements". As far as the Neptune Restaurant and the property seized at Laskin and Atlantic, you would be wrong there. The family had to go to court and the father passed on before the courts ruled in favor of the family that owned the land. They did NOT wish to sell and the property was taken from them. They built the garage/shops and when the courts ruled in favor of the family .. it was too late.. but they won some money.
ODU
ODU does need more land for taco bell's and Mcdonald's, so you know it's ok to knock down local businesses.
I have to agree with those men, their buildings really arn't that bad looking, but they are going to be out of place when they sit right next to a new student center or
whetever else ODU needs that land for.
Unfortunately
The Norfolk Redevelopment has been doing this for years. They condemn some areas that need condemning and then arbitrarily try and do the same to legitimate homes and businesses, because the WANT the property. It is illegal seizure in my opinion and I hope these folks win in court and it costs enough money that the powers that be will stop doing it!They do it in Virginia Beach also..they just aren't as powerful as Norfolk. They took my cousins duplex off of Baltic for their school and didn't pay him near what it was worth..and the seized the entire Laskin Road property to give to their "friend" that built the Hilton and the shops across the street. It's just plain wrong for folks to have their property seized by the rich and/or powerful.
"they are going to be out of
"they are going to be out of place when they sit right next to a new student center or whetever else ODU needs that land for."
What's more important...Freedom or feng shui?
Why is a public university in the commercial business?
Why not give Waterside to ODU? That places has cost Norfolk taxpayers a "boatload"!
Back to my question - is to offset the cost of attending, how much revenue goes to reducing actually reducing the cost?
Are the people running the ODU commercial venture salaries in line with teachers and professors
Does ODU pay taxes
The Republican (majority) Supreme Court made it legal, Kelo v. City of New London,"… local governments may force property owners to sell out and make way for private economic
development when officials decide it would benefit the public, even if the property is not blighted and the new project's success is not guaranteed."
Hey...If business said it is good, and good for business, it is good for the people, ask the To
The
Norfolk City Council and it's cronies with the Redevelopment are run almost exclusively by Democrats and have been for 50 years or more. They took my Aunt's restaurant on Church Street. Not a Republican in sight. Your attack is not valid. This is not about political parties, it is about power out of control
Out of Control - I agree
Prior to Kelo v. City of New London, eminent domain was primarily used for schools, freeways, bridges, and military
use\installations. Did your Aunt's business align with road construction?
Kelo v. City of New London a Fed\state\local government can legally do what it wants concerning private property. (The premise of the case being the city could take in more
tax revenue). What will be interesting if a city sues state gov't due to restrictions of eminent domain use by state law.
City wants to take a piece of property, state says no, city sues citing the 5th Amendment power of eminent domain is granted to federal, state and local gov't
Supreme Court ruled it is legal, State under certain conditions, City sites Supreme Court ruling
This is Bull!
I know Bob Wilson and his family (Central Radio) and they are Frist Class people!
The city should NOT be able to force them to shut down or rebuild elsewhere!
This is like Communism........Scary!
Somewhat agree
With Communism a few who hold and maintain power over the multitudes.
This is Capitalism a few who hold and maintain power over the people, with the exception NEW MONEY is welcomed.
The holders of New money may not be completely accepted by Old money. Those differences will subside, as money is money.
Wrong
Capitalism is what allows the current owners of the property to prosper according to their own ingenuity and ambition. Capitalism REQUIRES the exercise and protection the God given rights enumerated in the Constitution. We haven't exercised true, unadulterated capitalism in this country for the last 80 years. But the left is perfectly happy to blame "capitalism" for all of our ills when they don't even know what capitalism is. And the right dutifully tries to defend this "capitalism". We need to RETURN to capitalism before we can successfully defend it.
Try another term
Try the term 'corporatism' to describe situations like this. It means those with the most money have the power to make the rules and/or manipulate existing ones to their benefit at the detriment of others that don't have as of pockets as they do. It means that laws that were put in place to protect small businesses and home owners can and will be bypassed whenever those in power feel the need to do so.
Price
If the city is going to take your home and demolished it so they may build. They should have to pay you more than the value. Home owners are only given the value of their house and the city is forgetting something. That something is the stress of having to find a new house, moving your furniture and all of your stuff. They should reimburse these people for their time and trouble. Example: a $100,000 house is taken by the city. The city issues a check, for $120,000, to the owners.
Housing and Redevelopment Authority
Is a politically correct term for a government run Homeowners' Association. Both assume the role of Lord of the Land. They do not tolerate individuality nor anyone living out a dream that is not their own. Anyone who supports this kind of thing should be the FIRST one to have his own dreams stripped from him. Let the rest of us live our lives in tolerance of each other, in the process accepting some inconveniences and maybe even some threats to our safety, but willing to support each other's rights in order to preserve our own.
Bring in Xe.
Security company Xe (formerly Blackwater) should set up a small fortress in that area and offer armed escorts (complete with black t-shirts and cool sunglasses) for ODU students to and from their classes and homes.
Property should be owned by people not government
Blight takings are so prone to abuse. Alleging that a property is blighted allows the government agency to obtain the property on the cheap and use it for any purpose it choses even to enrich political contributors. ODU itself has the power of eminent domain and could have taken the properties but didn't. You can drive through Norfolk and see hundreds of truly blighted properties, but Norfolk seems to have no interest in taking those.
Its just plain stealing
Our laws allow for taking land through the process of eminent domain for necessary public use where location is critical.
Originally, it was used for things like locating forts in strategic places and for rights-of-ways for roads and railroads so holdout property owners could not demand exorbitant
prices for the last few parcels need to complete the right-of-way.
ODU wants this property for a strip mall.
There is nothing critical about this project. It is simply real estate speculation by the university driven by the ability to take land at less than its true value. The true
value of the land is really what the owners need to be made whole, and the Norfolk Redevelopment and housing Authority is offering them nothing close to that.
has any noticed the education bubble is bursting?
tuition is rising almost as fast as medical care costs. unemployment is 9+ percent. if someone were to look into it they would probably find the school is already in hock up to its eyebrows and is already drowning. okay so they won. what did they win? the school has plenty of land and they are just pursuing growth because that is what government institutions do. those jobs are in norfolk they are actually producing revenue politicians so dearly love. drop it, leave them be, and pay off all the palaces already built develop land they already own. chasing business off is bad for everyone.
Land Grab
NRHA should be prevented from destroying these two businesses.
Allow the 2 owners to negotiate directly with ODU to maintain their operations and work out a deal to serve as part-time training ground classrooms for ODU students - both are
real world applications in technical fields with potential to teach technicians/engineers.
Thomas Kiehl
Norfolk
negotiate??????????????
Property owners shouldn't need to negotiate with anybody to keep THEIR OWN PROPERTY.
It's not squatting if it's
It's not squatting if it's THEIR land.
It's easy to say just move on
when it isn't your property.
This is a clear case in the Government being to darn big, and eventually those of you that are all for them dictating what you do and what you own will have to come together,
but until then they will continue to take what isn't theirs.
How did this happen? Your
How did this happen? Your honor we want to take his property. WHY? It's blighted. Hmmm says here it's new. Twas built of blighted elm and chestnut sir. Well what do you intend to do with it? Errr build something on it. Build what? We don't know yet, but you can bet it'll be great, or at least something that'll pay rent. Oh it's all good then, next case.
Property owners-just move
Just pay the property owners 2005 prices and they will make out. Come on property owners, just move on and save the taxpayers the headache of a fight. Everyone knows that this area is where all of the shootings and robberies happen around ODU. ODU needs to expand East. If you guys cared about your community, and as long as ODU wasn't ripping you off on the price, you should just move. (Norva moved several years ago)The article didn't say anything about price, so maybe that is the issue. You should certainly get a fair price. (not todays market price)
Where?
Where would Central Radio move that would be an equally beneficial location?
The NHRA is not offering enough to purchase any property of comparable location, nor anything to cover the cost of moving or the loss for the interruption of their business.
Aside from which, lacking any justifiable public purpose for taking that specific location other than the desire to speculate on a strip mall, the owners should be able to say
'no' for no reason beyond liking the view.
Its their property. Taking it against their will is justifiable only to serve some vital public need, not just because NRHA can get away with it.
This reads more like a 'Soprano's' plot than news.
http://hamptonroads.com/2010/12/thuggery-masquerading-redevelopment
easy to say because its not you
If it were your next door neighbor who said, come on Mr. Anonymous just move because I want to have a Starbucks next to my house rather than your house, you would be singing another tune. The government should only be taking property from citizens to build roads or a courthouse or other government facility that cannot go anywhere else, NOT to give to a foundation which will develop it commercially for profit. If ODU wants to do that they should be buying it on the free market at the sellers price, NOT through condemnation. BIG government at work here stepping on citizens rights.
We who have made livings
We who have made livings from these so called blights don't see them as blighted at all. They're our livelihoods and part of
the fabric that makes Tidewater throughout. These shops are stategically located btw, we have a large contingency of blue collar services serving navy bases and points between
if nobody has taken time to notice.
The ones who see them as blight are out of touch with reality. Their aniceptic view of the world is an East Beach fantasy land with perfect yards and sidewalks. These appointed
boards who dispense emminent domain, the city council, and now some stuffed shirts at ODU can stick it as far as I am concerned. These businessses are your neighbors and
cornerstones of your city, and this is how you treat them ?
For once, I totally AGREE
For once, I totally AGREE with you!
That makes....
....two of us. Well said, Self.
Go West ODU Try And Take Ghent
Both companies mentioned,Norva and Central Radio are
critical to our city.
Norva being a Vendor of mine and Central Radio being
a customer of mine.
My company does not do a large amount of business with
Norva but a lot of government and commercial contractors
do.
Central Radio probably spends $500,000 a year with my company
alone not to mention the money spent at other marine and
industrial suppliers in our area.
ODU has two great neighbors and should be greatful they are part
of the community.
NRHA and ODU should be ashamed of their greed.