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Fairfax County Public Schools (FCPS)
Reply to "APS Needs to Use Eminent Domain"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Can Eminent Domain be done for mixed use or alternatively could deals be done with commercial property to build a multistory building with some retail or residential too so the cost would be more doable? Perhaps this isn't done as eminent domain but as zoning so a bigger building could be built than otherwise allowed if APS gets some floor(s) in the building.[/quote] [b]Eminent domain can only be used for purely public use. It cannot be used to take property that is then transferred in whole or in part to private persons or entities[/b].[/quote] The Supreme Court disagrees: https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London[/quote] But see the Virginia constitutional amendment passed in 2012 that created a stricter standard for state and local governments to use eminent domain.[/quote] That can easily be overturned. Otherwise gay marriage would still be illegal in VA.[/quote] That constitutional amendment is not going to be repealed in any kind of time horizon that will help with current school planning just because Arlington, of all of the localities is Virginia, wants to take more land from private citizens. The notion is so laughable, I can only assume you don’t follow Virginia politics at all.[/quote]
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