Will Governor McDonnell put VDOT on an eminent-domain leash?

By Rick Sincere | Tuesday, January 10th, 2012 | Virginia

With about 75 members of the GOP House and Senate caucuses behind him and standing side-by-side with Lieutenant Governor Bill Bolling, Attorney General Ken Cuccinelli, Speaker of the House of Delegates Bill Howell, and presumptive Senate Majority Leader Tommy Norment, Virginia Governor Bob McDonnell announced the Republican party’s legislative priorities for the 2012 session of the General Assembly on Tuesday, January 10.

The patient crowd of legislators stood staring into the sun for about 25 minutes on the south portico of the state Capitol, forming a photogenic backdrop for the members of the leadership who took center stage.

In addition to offering his own remarks, McDonnell acted as emcee for the occasion, introducing each of his colleagues in turn, with Bolling talking about job creation, Cuccinelli addressing constitutional matters (primarily an amendment to enshrine property rights protections in the Virginia Constitution), Howell discussing government reform efforts, and Norment focusing on budgetary matters.

(See the event video on YouTube.)

After the formal presentation, McDonnell answered a few questions from the press.

In a crowded gaggle and wedged between Anita Kumar of the Washington Post on one side and Derick Waller of Charlottesville’s NBC29 on the other, I had just one opportunity to ask a question.

Knowing that in past years, the Virginia Department of Transportation (VDOT) had tried to hobble attempts to protect private property rights against the abuse of eminent domain by local and state governments, I wanted to find out whether the governor would rein in VDOT this year as the constitutional amendment faces its second vote and as clarifying legislation has to pass for the first time.

Here is our exchange:

Governor, on the property rights amendment and accompanying legislation, are you going to ask VDOT and other government agencies to stand aside and not raise objections to it?

Governor McDonnell: I haven’t discussed that with VDOT. I’m supportive of it. I think this is the final fix to the horrendous 2005 Kelo v. City of New London decision, [and the amendment] protects property rights in the Virginia constitution.

What I haven’t seen, though, is what is the legislation that might be put in that furthers the rights that will be embodied in the Constitution, so there may be some things in the legislation that would create some concerns for VDOT — but I haven’t seen all those bills yet.

The accompanying legislation would include provisions to compensate property owners for loss of access and loss of profits if their farms or businesses are disabled by eminent domain proceedings.

This issue will be one of the key matters to be taken up by the General Assembly this year, and despite stubborn opposition, it is likely, as Bearing Drift has predicted, to pass both chambers and then be approved overwhelmingly by the voters in November.

We should also expect that the Governor will bring up many of these same issues during his State of the Commonwealth address on Wednesday evening.

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