property rights

The Roanoke Redevelopment and Housing Authority has to pay Jay and Stephanie Burkholder $2.2 million for land seized under eminent domain. The figure falls between the $1.53 million the housing authority had offered to pay and the value of about $4.5 million given the Burkholders by two appraisers.

The Burkholders plan to continue their fight against the seizure, and say they hope to ultimately strengthen the rights of Virginia property owners.

"I intend to be a missionary or warrior for property rights," Stephanie Burkholder said. "I will not roll up and go away."

Read more in the Roanoke Times....

According to the Star-Tribune, a bill prohibiting homeowners' associations from regulating a properly displayed U.S. flag has passed both the House and the Senate and now goes to Governor McDonnell to be signed into law.

House Bill 956, sponsored by Delegate L. Scott Lingamfelter, R-Woodbridge, would give a property owner the right to display a U.S. flag as long as it complies with the federal Flag Code.

"A unit owners' association may, however, establish reasonable restrictions as to the size, place, duration, and manner of placement or display of the flag provided such restrictions are necessary to protect a substantial interest of the unit owners' association," the bill states.

Read the full story...

A protracted debate in the Richmond region has caused two General Assembly members to introduce legislation that limits homeowners associations' authority to regulate the display of flags on private property. The issue began when a Medal of Honor receipient chose to display an American flag on a pole in his yard. The association claimed it was not placed properly and threatened legal action. The bills introduced would allow homeowners to display a flag in compliance with federal guidelines rather than homeowners association regulations. The associations would have to prove that the flag would cause "substantial harm" in order to take action against the individual. If passed, this will strengthen homeowners' property rights relating lates to their respective property associations.

Read the full Free Lance Star story...