HRT faces lawsuit over Norfolk property

NORFOLK, Va. (WAVY) – The end of major construction in downtown Norfolk marked a huge step for Hampton Roads Transit and light rail. In the process of building the seven mile track, HRT used eminent domain to pick up land along the path.

But one property owner, on the corner of Monticello Avenue and Charlotte Street, is suing the agency, claiming the use of eminent domain was illegal.

“They’re citing two different acts they never have the power to use,” said the property owner’s attorney, Hank Howell.

The lawsuit comes down to two types of eminent domain. The first is commonly called quick-take, where certain groups can take property and a title without a judge’s oversight.

“They need it for roads, school boards need it for schools on certain occasions,” said Howell. “Sewer lines, public service authorities need them. On big projects, everyone understands that.”

‘But it’s an extraordinary power,” he said.

The second type of eminent domain is called slow-take, which requires a judge’s oversight and ruling that the taking of property is legal.

“Before there’s any entry, a judge makes sure it’s constitutional, it’s legal,” said Howell, “and that there’s a fair amount set aside to protect the owner’s interest.”

Howell said HRT does not have the authority to use the quick-take power. Instead, they have to go through a judge.

“For them to take action and use the power of eminent domain, they have to have a judge supervising it before they enter the property.”

“It’s as simple as that.”

But Howell said HRT used it anyway, when they filed a certificate of take in September of 2009. The signature on the certificate is from former CEO Michael Townes.

“You get HRT that’s removed. It’s like a corporation. It’s a public corporation. It’s not responsive to democratic control. They can’t be voted out. We don’t give them this power, this extraordinary power,” said Howell.

Howell said HRT used eminent domain to take about forty properties for light rail, and he said the agency may have used the power illegally in some of those cases.

HRT declined to comment on this lawsuit.