Obenshain Blasts Democratic Party on Property Rights

Questions DPVA's Opposition to Virginia Property Rights Amendment

HARRISONBURG—Today, Senator Mark Obenshain blasted the Democratic Party of Virginia for their opposition to the Virginia Property Rights Amendment, which will enshrine the right of private property in the Constitution and protect against eminent domain abuse.

At their most recent meeting, the Democratic Party of Virginia’s State Central Committee adopted a resolution

 in opposition to the Virginia Property Rights Amendment, and affirming the Party’s support for involuntary takings which transfer property from one private party to another.

“The simple principle that the government can’t take your property for anything but a true public use is one embraced by the vast majority of Virginians,” said Obenshain. “In their opposition to the Virginia Property Rights Amendment, Virginia Democratic leaders have positioned themselves well outside the mainstream.”

“I don’t care who you are: Republican, Democrat, or Independent. Mainstream Virginia voters of all political stripes believe that private property is important enough to be protected by our Constitution, a point apparently lost on the Democratic Party brass,” Obenshain added.

The DPVA resolution claims both that the Amendment is merely a restatement of current law and that it “will lock into the Virginia Constitution a prohibition on using eminent domain to advance private enterprise, job creation, tax revenue generation, or economic development.” And whereas Democratic lawmakers have dismissed claims that takings exceed legitimate definitions of “public use” under current law, the Party’s resolution expresses concern on the grounds that just such takings will be curtailed. Said Obenshain, “Democrats can’t have it both ways.”

Obenshain also challenged the DPVA’s stated opposition on the grounds that the Amendment would “add to the complexity and expense of governmental entities seeking to utilize eminent domain.”

“If distinguishing between things that are clearly public uses, like roads and schools, and things that are clearly not, like shopping plazas, is ‘complex,’ then so be it. But this isn’t rocket science,” he said.

On the question of expense, he added, “The Amendment ensures that property owners are justly compensated, which has always been the intent. Although I laud the Democratic Party’s newfound commitment to thrift, it’s clearly inappropriate to save money by shortchanging property owners.”

The DPVA resolution further lists, as a rationale for their opposition, Attorney General Ken Cuccinelli’s support of the Amendment’s ratification. “I get that the Democratic establishment doesn't like our Attorney General, but it’s hard to come up with a more petty reason than that to oppose a constitutional amendment that protects the rights of all Virginians,” said Obenshain.

Noting that 17 of 22 Senate Democrats supported the Amendment on first passage in 2011 (an election year for General Assembly members), Obenshain asked, “Why the change of heart? If private property was worth protecting in 2011, it’s worth protecting now.” Notably, Senator Mark Herring, who is pursuing the Democratic nomination for Attorney General, voted against the Virginia Property Rights Amendment in 2012 after supporting it in 2011.

“If I have the privilege of serving as Virginia’s next Attorney General, Virginians can count on me to stand up for private property rights—always,” said Obenshain.

A copy of an email Senator Obenshain shared with friends and supporters on this issue is appended below.

Senator Mark Obenshain is a candidate for Attorney General. He represents the twenty-sixth district in the Virginia Senate. The district includes the city of Harrisonburg and the counties of Warren, Shenandoah, Page, Rappahannock and Rockingham (part).

ON THE WEB:

DPVA Resolution: http://www.demrulz.org/wp-content/files/DPVA_2012_Const_Amends.pdf

Mark's website: http://www.markobenshain.com

Mark's Facebook profile: http://www.facebook.com/markobenshain

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Virginia Democrats: "Who Needs Property Rights?"
Senator Obenshain's email to friends and supporters (9/28/12)

First the national Democratic Party leadership abandoned any pretext of standing for mainstream values when it dropped references to God from the party platform. Now the Virginia Democratic establishment is doing the same by opposing the protection of our private property rights. The Democratic Party walked back excluding God from the platform; don’t be surprised if they try to back away from this crazy position, too.

Of course, I don’t think the national Democrats experienced a true change of heart—remember that embarrassing moment when the delegates clearly refused to back down but party bosses ignored the vote because it looked bad? Similarly, even if the Virginia Democrats do shelve their opposition to property rights, it would probably be safe to chalk it up to pure damage control.

Still, damage control is what they ought to be doing right now, because the position the Democratic Party of Virginia has staked out is an astonishing one – a position many of their own would find shocking. Here’s where things stand.

When Virginians go to the polls this November, they will have the opportunity to weigh in on a vitally important issue: whether or not the Constitution of Virginia should protect the right of private property and stand as a bulwark against eminent domain abuse.

Some—mostly on the left—have opposed the Virginia Property Rights Amendment, calling it unnecessary. They’ve said that eminent domain abuse doesn’t exist in Virginia, that an Amendment is superfluous. As the Amendment’s Senate patron, I’ve always pointed to cases of clear abuse, some ongoing, and to attempts by some Democrats to chip away at the laws we have protecting the rights of private property owners.

But now I can just point to a resolution adopted by the Democratic Party of Virginia’s State Central Committee (their governing body). You want to know why we need the Virginia Property Rights Amendment? Look no farther than the astonishing reasons the state Democratic Party cites for opposing it:

They oppose it because it “will lock into the Virginia Constitution a prohibition on using eminent domain to advance private enterprise, job creation, tax revenue generation, or economic development.”

In other words, they oppose it because it actually defines public use – because it makes clear what was once taken for granted, that condemning your property to hand it over to a private developer is not a legitimate public use. They actually want to preserve government’s ability to continue to engage in abusive eminent domain practices.

In recent years, “public use” has been turned into an ill-defined notion of “public purpose,” where a “public purpose” is whatever a local government wants it to be. And the Democratic Party of Virginia wants to keep it that way.

And they go on. They also oppose the Amendment because they say it will “add to the complexity and expense of governmental entities seeking to utilize eminent domain for the benefit of taxpayers, even when property is taken for unquestioned public purposes.”

Let’s unpack that statement. Firstly, what do you think of that telling “even” – as if takings for “unquestioned public purposes” (not even “public use”!) are just one sort of legitimate taking? And what sort of complexity are we talking about here, the “complexity” of distinguishing between true public uses (roads, schools, utilities, etc.) and impermissible takings (e.g., handing over the property to a private developer)? This isn’t rocket science.

And “expense” – what expense, exactly? They’re referring to the requirement that property owners must receive fair compensation. Does this come with a price tag? Sure. But let’s call it what it is: just compensation. We all want to save money, but presumably not by shortchanging property owners.

Our friends in the Democratic Party aren’t quite done. Here’s the final reason cited for their opposition: “Attorney General Ken Cuccinelli strongly supports the amendment.” Listen, I get that the Democratic establishment doesn’t like our Attorney General, but it’s hard to come up with a more petty reason than that to oppose a constitutional amendment that protects the rights of all Virginians.

They will be happy to know, however, that one of their own candidates for Attorney General, Senator Mark Herring, is opposed to enshrining property rights in the Constitution of Virginia. Or at least, he is now, voting against the Amendment on second passage earlier this year – after supporting it once its first year passage became a fait accompli in 2011. He supported it before he opposed it. Sound familiar?

Make no mistake about it: Virginia Democrats are gearing up to oppose the Property Rights Amendment. If we let this opportunity to restore property rights slip through our fingers, we may not get a chance again for a very long time. We have to win this one.

That’s where you come in. Please forward this email to friends and family to make sure they know how important it is to take a stand for property rights this November. Ask your City Council or Board of Supervisors to adopt a resolution in support of the Virginia Property Rights Amendment. Get your local party committee to indicate support for the Amendment on their sample ballots. And most of all, remember to vote for property rights in November!