1978

Rudder v. Wise County Redevelopment and Hous. Auth.

Supreme Court of Virginia

219 Va. 592, 249 S.E.2d 177

Under the approved St. Paul Redevelopment Neighborhood Project, the Authority was acquiring 96.7 acres and was to demolish all structures, put in a four-lane highway, re-channel the river for flood control, and redevelop the remainder of land for residential and commercial purposes. A petition of condemnation was filed on Rudders’ property. The Rudders responded asserting the property was not blighted, no environmental impact study had been done, and the taking was unconstitutional as the property was to be resold to private individuals. Trial court overruled objections and confirmed commissioners’ award of $65,090. Supreme Court affirmed. Burden was on landowners to show, by clear and convincing evidence, that finding of blight was arbitrary and unwarranted. As evidence supported Authority’s finding of blight, landowners did not meet their burden. Further, some of the redeveloped land would be sold to private interests, but the public purpose being served was the removal of a blighted area. There was no violation of the Fifth and Fourteenth Amendments to the United States Constitution, or Article 1, § 11 of the Constitution of Virginia. Finally, a lengthy environmental impact statement was filed by the Department of Housing and Urban Development, which the trial Court found sufficient.

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