First, refresh your internet memeory with this video..
Ok, now that you have rotted your brain, you will be able to understand what’s going on here. According to the Daily Progress, Charlottesville has been trying to “steal” a 1.5 acre piece of land which will enable the Whole Foods development to be finalized. Charlottesville doesn’t call it stealing. They call it “eminent domain” which is a hotly debated legal issue. According to wikipedia,
The power of governments to take private real or personal property has always existed in the United States, being a part of the common law inherited from England. This power reposes in the legislative branch of the government and may not be exercised unless the legislature has authorized its use by statutes that specify who may use it and for what purposes. The legislature may so delegate the power to private entities like public utilities or railroads, and even to individuals for the purpose of acquiring access to their landlocked land. Its use was limited by the Takings Clause in the Fifth Amendment to the U.S. Constitution in 1791, which reads, “…nor shall private property be taken for public use, without just compensation”. The Fifth Amendment did not create the national government’s right to use the eminent domain power, it simply limited it to public use.
The important thing being that eminent domain only applies for the benefit of the public. Charlottesville wants to build a road which would connect Hydraulic Road to the Seminole Square shopping center to Hillsdale Drive (anyone have a map?) as part of the new Whole Foods development. Of course city officials say that this 1.5 acre land would benefit the public, but it sounds like it’s benefiting Whole Foods more than anything.
What do you think?
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Thanks, Kelo! /s
What if benefiting Whole Foods benefits the public by demand? I see a lot of you bourgey types riding the Whole Foods jock anyway.
The City of Charlottesville wants you to think it’s a city of well meaning angels but in real they’re sluts when it comes to new tax dollars. All the city can see is that they lured away the Whole Foods from the county and now dream of the sales tax and property tax windfall dollars that they will get when/if this store opens.
It’s not like this is a one time thing, for years City Council wagged their finger at the County for how they approved buildings without a thought to how it would effect traffic and other issues. When Best Buy came a callin’ the City broke land speed records and lost all credibility with the approval process there. They even promised a light right at the best buy till VDOT said “Not yours, you can’t have a light”
City Councilors talk a real good game about taking care of the people and everyone is equal but let me ask everyone here one question: What if this tract of land was owned by a black family and not an older white lady? I would expect the ghost of Vinegar Hill to be invoked and every protester from the city to rain down on city council.
And God forbid that one sliver of this land had been a park because nothing is more sacred then open space. The City Council is the perfect example of political correctness till they see the dollar signs. Then they act like the earnest hypocrites they really are
Is Best BUy in Charlottesville or Albemarle County? Where on 29 does Albemarle county begin? It can’t be that much further from Best Buy, wherever it is.
The only way I can ever tell is the “welcome to cville” signs they post at the borders on major inlets. There is one on the bypass right past Best Buy.
you mean Charlottesville Proper. Target in Hollymead is still Chartlottesville, although you myopic Cvillians might refuse to believe so since it is SO FAR away.
No it isn’t.
I thought the city/county line on 29 was at Hydraulic.
Sort of: Hydraulic is the northern boundary on the west side of 29; on the east side of 29 the city continues to about a block shy of Greenbrier.
the city limits begin where the speed limit drops, which is just before Best Buy (at least on 29). i think there’s even a “welcome” sign on the median, too. so Best Buy i think is actually within city limits.
I have a feeling that a large reason for the dispute between the city and the land owner has to do with the value of the property. If the city wanted it 2 years ago, they would have had to pay a lot more than they have to today, and if the owner could hold on to it for another 5 years, they’d probably make a lot more. I think the city wants to buy it now, so they can claim “fair market value” while the economy/real estate market is in the toilet. I’d like to see some details about the on-going negotiations between the land owner and the city that led to the eminent domain hearing.
besides a public purpose, eminent domain also requires reasonable necessity, which so doesn’t exist. it’s supposed to be used for things like hospitals, airports, highways, utilities, & parks, not whole foodses.
it’s for a road, not just wholefoods.
Actually it’s not certain you would need the land in dispute if you didn’t have the Whole Foods on the lot. No Whole Foods would allow for the road to be there without the stealing of the other lot
if it’s for the road, what are you complaining about, thor?
seriously… anyone have a map of this?
Go to Google Maps, type “Hillsdale Dr, Charlottesville, VA” and draw an imaginary line from where it ends to the intersection of Hydraulic.
this?
http://maps.google.com/maps/ms?hl=en&client=firefox-a&ei=E2g2SuOtNMGEtwe9×5H5Dg&ie=UTF8&msa=0&ll=38.066271,-78.476114&spn=0.030713,0.059481&z=15&msid=118097313069759374184.00046c64d4f3e3b8bb835
From the article, that’s what it sounds like. I’m sure it won’t actually be a straight line because no roads are, but that’s close.
http://www.cvillepedia.org/mediawiki/index.php/Hillsdale_Drive_Extension
Cville Tomorrow strikes again.
oo, i like how they introduce regal cinemas into the mix now, too. hillsdale drive extension may be in danger due to regal cinema plans to update theatre … the intrigue mounts …
New FFA, what do you say?
After the Kelo decision, the Virginia legislature (sec. 1-219.1) set some limits on eminent domain; limits that are not found in the U.S. consitution:
Except where property is taken (i) for the creation or functioning of a public service corporation, public service company, or railroad; or (ii) for the provision of any authorized utility service by a government utility corporation, property can only be taken where: (a) the public interest dominates the private gain and (b) the primary purpose is not private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment.
The Kelo decision was NEW FFA
It doesn’t matter anymore, they reached agreement.