Farmers and Eminent Domain
We Stand Up for Farmers’ Rights
Eminent domain is the power of the government to take private property for public use. This power can be controversial when it involves taking land from farmers and other private citizens. Farmers facing eminent domain often have particularized concerns relating to the use of their lands and the impacts that infrastructure projects can impose if they bisect a pasture or field, as well as concerns about the lasting impacts that the project may have on their crops or livestock.
An Overview of Eminent Domain
Eminent domain is the power of the government or a public entity to take private property for public use, as long as just compensation is paid to the property owner. It is sometimes referred to as condemnation, expropriation, or appropriation. This power is generally exercised for the benefit of the public, to build roads, schools, or other public works projects. In some cases, it may also be used for private development that serves a public purpose.
This can also be a powerful tool for the government and its entities, but it is not absolute. Strict procedures must be followed, and limits must be placed on how it can be used.
Generally, a court must approve any seizure of private property under this law, and a fair market value must be paid to the affected property owners. In most cases, a government body must first pass an ordinance outlining its intent to acquire the property and allow the affected landowners an opportunity to object.
An Overview of Eminent Domain
Eminent domain is the power of the government or a public entity to take private property for public use, as long as just compensation is paid to the property owner. It is sometimes referred to as condemnation, expropriation, or appropriation. This power is generally exercised for the benefit of the public to build roads, schools, or other public works projects. In some cases, it may also be used by private utility companies for electrical transmission lines, natural gas pipelines and other linear projects.
How Does It Affect Farmers?
Eminent domain has a significant impact on farmers. The government may decide to take farmland for various reasons, including constructing roads, public utilities, and public parks.
Farmers may have their land taken without their consent. This can be devastating, as farmers rely on their land for livelihood and personal security. It is important that farmers seek counsel from eminent domain attorneys experienced in representing farmers in these types of cases. Farmers also need to consider how taking their land may affect the value of their other land and operations. For instance, if a field cannot be accessed or used the same way it was before the eminent domain, they may find that their property value decreases. If so, just compensation must be paid for the impact.
The Drawbacks of Taking Farmland for the Public Good
Eminent domain, while a beneficial law, can be controversial and cause great hardship for farmers. The farmer may not receive adequate compensation for their land by taking land through eminent domain. At times, they may even be forced to relocate and lose access to their livelihood and the community they’ve grown to love.
Farmers who rely on their land to make a living may suffer economic hardship due to losing their land to eminent domain. If their land is used for a highway, their income will be significantly impacted. Worst of all, farmers will no longer be able to produce crops on the land taken from them, resulting in further financial burden.
When the government exercises this power, it can also disrupt communities by taking away local farmland. Farms serve as landmarks for many rural communities and a source of fresh produce for local markets. Losing these farms can take away important elements of a town’s identity and culture.
There may also be environmental consequences. If farmland is taken away and replaced with roads, parking lots, or buildings, it can disrupt the delicate balance of nature in the area and lead to pollution.
How Waldo & Lyle Can Help Farmers
When Virginia farmland is taken by eminent domain, the owner is entitled to just compensation. Waldo & Lyle can help farmers ensure the best possible protection of their rights. We can assist in developing your case to ensure that all impacts of the proposed taking are considered in the valuation process. We routinely litigate and negotiate with the government to obtain just compensation for the property and ensure that any other factors, such as damage to existing crops or buildings, are recognized.
We enjoy the opportunity to support and advise farmers affected by eminent domain. This can include helping Virginia farmers understand their rights, obtain just compensation, or even find alternate solutions to help them stay on their land or preserve its utility. By having our experienced legal team on their side, farmers can protect their interests and ensure that they are protected throughout the eminent domain process.
Farmers: Success Story
The last thing that government or utility company engineers think about when they dismember a farm with power lines, highways, or pipelines is how the farmer’s work can be turned upside down, adding expense and loss of acreage. The highway departments and utility companies pay for the land they take but routinely fail to consider the damages caused. When the I-77 bridge over the New River was built in the 1960s, it cut a Wythe County farm below it in half.
The Virginia Department of Highways promised the family of Edd Jennings it would always keep open the access underneath the bridge so he could continue to move his farm vehicles and herds from one side to his fields on the other. Thirty years later, when the bridge was rebuilt, VDOT’s memory failed, denying it had ever made such a promise. Then, it dumped a 50-foot tall pile of construction spoils from the reconstruction under the bridge in Jennings’s path, cutting the farm in two and preventing livestock and equipment from crossing the farm. With a lot of detective work, Waldo & Lyle found the proof of the promise in writing on old maps. A judge ordered VDOT to live up to its commitments and to pay just compensation to the Jennings for the years of disruption to their farm operations.
Wythe County, Farmer Edd Jennings