Condemnation of Roanoke Property to Proceed
The Burkholders have argued that Carilion and the city of Roanoke plotted behind closed doors to take the land for what is now Carilion's Riverside Center and then pressured the housing authority to do their bidding. In its agreement with the city to buy and develop the former industrial area, Carilion had said it would buy the Burkholder and other properties to build its Riverside business park, which now includes the Virginia Tech Carilion School of Medicine.
Kelo and many local decisions simply have not been able to deal with the issue of how to handle blighted property. To claim property is blighted in order to be able to expand an adjacent use for a private user, simply is not a taking for public use. The definition of blight is not being dealt with by courts, such as bye the Virginia court in this article. The reality is that people have a right to maintain and hold their property unless a true public use for the property is required. Joe Waldo is the outstanding condemnation and eminent domain attorney of Virginia, but the fight he is involved in is simply uphill. This does not mean it cannot be won, but rather that it will take years to make the law rational.
