The Virginian-Pilot
©
NORFOLK
A landowner has sued Hampton Roads Transit for allegedly placing a bridge piling for light rail within his property without getting permission.
Morechell N. Pryer owns a duplex on Park Avenue near Norfolk State University, next to where HRT built a bridge for Norfolk's light-rail line. A piling for the bridge was driven at such an angle that a portion is in the ground under Pryer's property.
The complaint contends that the pile was driven in the summer of 2008. In March 2010, HRT initiated action to condemn a 225-square-foot parcel for a subsurface easement and to compensate Pryer.
"They entered the property, did construction, put a piling in his property then realized they put it in his property," said Henry E. Howell III, Pryer's attorney. "They took the subsurface easement without negotiating for it and now are trying to fix it, but the horse is out of the barn."
The complaint filed in Circuit Court alleges HRT unlawfully took the property and trespassed. Howell also contends HRT improperly used eminent domain, a law that allows public entities to seize private property for public projects.
Howell has already filed a lawsuit on behalf of Welton Real Estate Services LLC that challenges HRT's condemnation authority in its taking of property at Monticello Avenue and Charlotte Street downtown.
HRT's response to that lawsuit this week maintains that federal law allows the agency to condemn property in the manner it used because half of the funding for the light-rail project is federal. Additionally, HRT contends Welton Real Estate has no trespassing case because Welton never objected to the work and allowed construction to continue. The land was used to install poles to support the overhead power lines for the light-rail system.
Debbie Messina, (757) 446-2588, debbie.messina@pilotonline.com
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Free train tickets
Maybe they should give him some free train tickets as compensation.
I like the toll booth idea...
but the real question is. Did he decide to sue and then just happened to contact a lawyer who was already suing for another client or did the lawyer hoping to generate controversy in favor of his larger client contact him proposing he sue?
He should do what Va wants to do
Put up a toll booth
It was an easement
HRT was granted an easement for the pole. It's no different than VEPCO putting a power pole on your property. It doesn't affect setbacks because you still own the property. The article doesn't say how far underground the pole is on his property, the angle of the pole and how far off his property the above ground portion is located. I'm thinking he changed his mind on the compensation and just want more money.
What most of you commenters forget is that when even a
few feet of your property is taken, it means that forever your property will be in violation of setbacks. Most developers build as many properties within the tract of land they are developing as possible. AND usually they build right up to the setback lines. That means when someone comes along to build a road or in this case light rail, and they take even a few feet it means that your property is now in violation of the setback ordinances. It usually takes the city a few years before one of their inspectors notices it. When they do they redflag the property and the next time you try to do anything with your property that requires a permit, you are going to have trouble with the City. One of the ways to avoid this is to make the entity that is taking your property goes through the proper channels and not only pay you for the inconvenience but also get your property a permanent zoning variance that allows your property to violate the setback ordinances.
To those that think the owner in question is owed nothing YOU HAVEN"T BEEN SCREWED BY EMINENT DOMAIN YET.
Cut it Out
Since the piling was put on the man's property without permission, maybe he should just remove that portion of the piling; just cut right through it.
Beach citizens say "No!" to H&RDA at ballot - HRT says "too bad"
My fellow Beach citizens, are you paying attention here? The developer-led Virginia Beach City Council wants a H&RDA so bad they are salavating. Deevelopers want the power to force property owners off their land so the developers can redevelop the property that the current owners do not want to sell to the developers. But, in Virginia we are a Dillion Rule state. That means the General Assembly controls what power local governments have. In Virginia the citizens of a city have to VOTE to allow their city to have the power to condemn property for redevelopment. Aww, those poor rich developers, they can't push everyone around like they want, in Virignia. But hey ... wait a minute. Hey, what about HRT? If they let HRT run light rail into Virginia Beach then HRT can condemn away by claiming that the FEDERAL GOVERNMENT gives HRT the power to force Beach property owners to surrender their private property. You know, the same HRT folks that worked to create the SGAs (Stragetic Growth Areas) in Virginia Beach? City Council will not accpet "No!" for an answer my fellow cititzens; they have to do the bidding of THEIR masters. That would be bankers, developers, law firms, and transit related
The compensation would be
I would peg the compensation for the harm done by having a piling touch your property line underground somewhere at around $0. Give him a check for $0 and move on.
If it were YOUR property,
If it were YOUR property, you would be crying tears as big as a light rail car.
Not likely
For something I can't even see? Not likely. Why would I even care?