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Eminent domain duel

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  • Description

    Woman fights county to restore damaged property

  • Duration 4:12
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This transcript is automatically generated

We all know there's no place like home.

So imagine this woman's reaction when government bulldozers rolled up to her front yard looking to take back a piece of land that's been and her family for 200 years.

But after Cruz ripped up for road construction was called off they -- the project and offered her -- settlement to keep from -- -- now -- wants in the land owner and her attorney Josh baker good morning to the two of you.

Good morning good morning Gretchen -- -- sorry that this happens to you this is what we call eminent domain where the government to town and county.

-- has the power to come in and take over land if they want to.

A but in this case after they did that I'm sure you weren't happy with that initially but -- -- -- the project so where does that stand now what do you want.

Right now.

My -- damaged.

I had treason live -- -- torn down shrubs that have been torn up and they've just been lashed to run.

-- -- I -- I just -- the county to do right by me.

And the windy you know my mother always said that when you damage somebody that you should try to make it right and they haven't.

They they they came in and they tour of trees and they -- -- rode up and they they came to inspect and they brought bulldozers barges and cops.

That's not what I consider an inspection team so.

I just want the county to do right by -- said I'm site.

A -- in that case as as her representative.

And you're asking 400000 dollars to make all of these repairs it's my understanding that -- the county has offered 20000 dollars to have a correct.

Well that's right Gretchen what happened here is that the county teamed up with a private developer.

This is actually a private project that was going to be run through details property.

For the benefit of this developer.

The county.

Has since admitted that they have done -- damage -- -- but they've tried twice to throw her case out of court.

The judges in spots -- county have sided with -- and said that her case deserves to go forward.

The county we've asked them to just stipulate to what the images do they admit to they've refused even to do that.

But the situation.

That Dale's -- and is probably one of the most egregious abuses in Virginia.

That we've seen.

In in the last ten years or so this is a case where again he's got a private developer teaming up with the county to run -- private property rights for the benefit of that developer.

And tend to -- -- -- of free speech as well we should that I wanna get a quote here from -- was actually -- counties offer to dale Swanson in the spirit of athletically and resolving this matter.

And without needing your response to the question set forth above unauthorized -- 20000 dollars in -- -- and full compensation.

Pretty entry made on to her -- I know you're not satisfied with that dale or just but let me bring this up because I think this is important.

There was a new amendment that passed in Virginia last week during the elections that protects against this type of eminent domain domain correct but it will not.

Help dale.

Sadly it won't that but that's correct the amendment stops these kinds of economic development takings from happening in Virginia ever again.

Unfortunately it doesn't protect -- right now but we know that the -- is gonna come back at some point.

On behalf of that developer to try and take her property and the amendment would protect her then.

But it will protect folks from having their property taken to be handed over for what the government deems to be -- more beneficial or or better use.

For -- preferred user.

And Gretchen and you're right about that offer that the county -- need to dale that was conditioned on her giving up -- free speech rights to ever speak out against this project again.

They condition that offer on her never contesting.

Any of their projects on her property of again wouldn't -- be this road she beat the county and now they're beating on her.

All right let us let us know they have high -- stretch and I'm sure you have you been going through this for the last couple of years and you just want your property back seven years to dig that seven while.

Thanks for sharing your story this morning -- Swanson and a Josh -- and let us know how this all ends up for you thanks for your time.

Thanks for haven't -- She.

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