Hook Logo
Search

NEWS- Bridge building: Is city's property grab illegal?


Published April 12, 2007 in issue 06152 of the Hook
Bookmark and Share

The murky legal status of a street in the Woolen Mills neighborhood has sparked another brouhaha. In March, Louis Schultz appeared before Charlottesville City Council to demand the removal of a bridge on the street. He also asks that the city apologize for continuing to treat both the bridge and the Steephill Street-- which connects Market and Chesapeake Streets-- as public property and that the city investigate the practices of one of its own departments.

City Attorney Craig Brown is pretty frank about whether Steephill Street is private or public property. "I don't know," he says. "It seems there are some inconsistencies."

Schultz would surely agree with that. He believes that he owns part of Steephill Street, and he notes that city indicates as much with "private" signs at either end. And yet the continued use of taxpayer funds to fix a "private" road raises a question: Is Charlottesville now in the business of repairing private property?

"No," says Brown. "We have always treated [Steephill] as an unaccepted right of way." That means the city does not own it. Yet city workers replaced a bridge there in 2001, and again in 2005. "An elderly couple needs access," explains Brown.

"We approached this as a safety and accessibility issue," says city spokesperson Ric Barrick. "Weather and other factors had created the need for the bridge work, and since we had completed work in that specific area in previous years, the city viewed it as a public responsibility."

Barrick says that in a July 17, 2006, letter to Brown, Schultz requested that the bridge be repaired.

"My concern was legal liability," explains Schultz, who worries that if a car goes off the bridge, he could get sued. "I made it pretty clear," he says. "The emphasis of that letter was it should be closed."

Hal Bonney and Lee Willis are the property owners who live on Steephill and use the bridge to get to their house.

"We have two positions you can quote," says Willis. "One, we need to get out of our house. Two, we don't want to cause strife with our neighbor."

Questions the city did not answer include how much the city has spent to maintain the bridge on Steephill, and whether the Bonneys were ever asked to pay for the access they want on Steephill Street.

For Schultz, the city's alleged inconsistency has been frustrating. "Anytime I want something done, they say it's private property," he says. "Anytime it's something the city wants to do, it's public. I don't know why the city is in the business of building driveways."

The bridge at Steephill is not Schultz's first run-in with the city. In 2001, he was cited for failing to mow his grass, growth he claimed was environmentally correct "native plants" forming a riparian buffer. In 2003, the city objected to his compost and brush piles.

But it was what happened in 2004 that presaged the latest dispute. After the Bonneys hired pavers to asphalt a portion of Steephill between the bridge and Market Street, Schultz was arrested for sitting down in front of the paving equipment on what could arguably be considered his own private property.

Indeed, all charges-- unlawful assembly, disturbing the peace, and one added in the days following the incident: blocking free passage-- were later dropped. But Schultz says he's still "irate" about the arrest.

He contends that when Charlottesville began paving the bridge, it essentially seized his property without going through the condemnation procedure specified in the Code of Virginia.

"We do acknowledge that our communication with some property owners could have been better, but the project needed to be completed to ensure safe and available travel for several homeowners in that immediate area," says city spokesman Barrick.


Louis Schultz was arrested in 2004 when his neighbors paved a portion of Steephill Street that Schultz says he owns.
FILE PHOTO BY JEN FARIELLO

#

Comments

                     
ls4/13/2007 12:57:23 PM

An important point the article doesn't mention is that it seems that the City has violated the Constitution on at least three occasions. I have addressed City Council with my concerns and provided solid evidence to support my position. I appeared before City Council in March to ask them to act to fix the situation, as their oaths of office require, or to resign.

Even if violations of the 5th and 14th amendments of the Constitution were to be ignored, the misappropriation of public funds for a private purpose and the mismanagement of the whole process of what happened on that street should be more than enough to prompt a serious investigation by City Council into the practices of the Department of Neighborhood Development Services. That department conducts it's daily business with a combination of arrogance, contempt for the law, and sheer incompetence that rivals the current Bush administration.

After months of waiting, I still have yet to hear from any Councilor about my concerns. That raises some significant questions, since Councilors swear an oath to uphold the Constitution. It seems that the failure of the Councilors to act in response to serious and documented accusations of violations of the Constitution by City staff may have eliminated their qualifications to hold office and could renders invalid any legislation they might pass.

In response to the City officials quoted in the article:

There are no inconsistencies in the record regarding ownership as Attorney Brown suggests. The deed which first recorded the street made it quite clear that it was not dedicated to public access. There is no document in the record which indicates there was ever a legal change in it's dedication. It is, and since 1887 has always been, private with no public right of access. The only inconsistencies have been in the City's position. Also, I'm sure there are numerous elderly couples in Charlottesville who would love to have the City fund construction projects for their personal benefit.

Spokesperson Barrick has either been misquoted, or was simply lying when he stated that "the project needed to be completed to ensure safe and available travel for several homeowners in that immediate area." There is a single house with two occupants on that street. They have full access to the shared private drive, which connects to Chesapeake Street, without a bridge or stream to cross.

The last wooden deck lasted only 5 years compared to an estimated 25-30 for the previous deck. It wasn't "weather" that rotted it in that short time, it was a layer of gravel and standing water which were a direct result of the paving by the Willises, for whom the City picked up the tab to repair the bridge. In addition to my legal objections, I voiced my concerns about potential damage to the bridge at the time of the paving. A City crew with an overweight truck did additional damage to the structure in January of 2006.

Finally, Mr. Barrick failed to note that the previous work the City had done on the bridge was itself illegal and no basis for a claim of ownership, as the City has made, or an obligation to continue to act illegally. The bridge was a private structure on private property. It was destroyed, rebuilt, and then claimed by the City. There was no due process as required by the Code of Virginia, and no compensation. Seizure of private property in that manner is forbidden by the Constitution.

Lovelace4/13/2007 6:45:32 PM

You should grab a Con Law Treatise before you start spouting off at city council meetings. Only the 14th amendment applies to states. The 5th Amendment applies to the federal government. The Supreme Court has applied the the 14th Amendment to the federal government via caselaw. I don't disagreee w/ anything you say. I love to see citizens hold government officials feet to the fire and I admire you for doing that. I just do not want to see you lose credibility by making inaccurate legal assertions when you hold these city council morons accountable.

Think!4/15/2007 7:29:49 PM

Often you can tell when someone is advocating a false position because they will use ad hominem attacks. It's not enough to say:

"Only the 14th amendment applies to states. The 5th Amendment applies to the federal government. The Supreme Court has applied the the 14th Amendment to the federal government via caselaw."

But the attitude gives away the truth. Don't go "spouting off" "inaccurate legal assertions." Of course, Lovelace has spouted an inaccuracy.

Think about it. What is the 5th Amendment? Due Process and Eminent Domain. The 5th Amendment does not apply to the city. Therefore the city is not legally bound by Due Process and does not have power of Eminent Domain.

Are you sure? No, the 5th Amendment is the law of the land everywhere in the United States. The Kelo case went to the US Supreme Court because the US Constitution does indeed apply to local governments.

Lovelace4/15/2007 7:41:20 PM

Think,

My response would take to long to type and nobody outside of you and me would care. I suspect you already know what it woudl be anyway if you know enough to cite the Kelo case.

Lovelace4/15/2007 8:39:20 PM

Here's a clue. Due process is guaranteed to individuals when a local government takes property through the ___th Amendment.

Think!4/16/2007 8:13:20 PM

Lovelace,

Sorry I flustered you. Sometimes truth hurts. Why would a person assert a conclusion and then say nobody's interested in the logic or history that led to the conclusion? Then why are they interested in the conclusion? Why would anyone trust a conclusion wrapped in condescension? The truth behind how government can seize property is too complex for the average property owner to understand? If the emperor's clothes are invisible, why isn't he wearing some other outfit?

The answer to your last question:

Due process is guaranteed to individuals when a local government takes property through ANY AMENDMENT, STATUTE, ORDINANCE, or for any other reason.

Here's a question for you: What happens if the guarantee is not honored? Think about it.

Wrong4/16/2007 8:26:54 PM

WRONG!

Lovelace4/16/2007 8:29:02 PM

Think, way to ignore the question and answer a different one. You are entertaining.

Lovelace4/16/2007 8:34:20 PM

How long I can I string you along? :P

Come on, won't you post just one more on this thread? Won't you?

Think!4/16/2007 9:24:38 PM

I give up. What's the right answer?

Lovelace4/16/2007 10:11:57 PM

I know you have one more in you. Here is something to start you out.

Assertion: Everybody knows the 4th amendment prevents people from taking property through an unreasonable search and seizure by the FBI, but that it has nothing to do with local governments. Thus, the city may take property in any manner they see fit.

One more. Come on! Show us how smart you are!

Think!4/17/2007 8:36:45 PM

So you're saying a police officer doesn't have to follow the 4th Amendment (or any other) because the police are not federal employees. Through their employees, "the city may take property in any manner they see fit."

Whereas that may be a description of reality when localities are not held accountable, I wouldn't recommend that as a legal defense on the rare occasion they are prosecuted.

The 4th Amendment applies to the contents of the property. The 5th Amendment applies to the property itself--the subject of the article. In the Kelo case, 9 Supreme Court Justices agreed that the US Constitution has jurisdiction over local governments. The judges disagreed only whether the specific case was a violation.

When two people disagree, the disagreement can sometimes be settled by an outside authority. Can you cite any source that says local governments can take property "as they see fit"?

Lovelace4/17/2007 10:34:35 PM

Yaaa, that is what I'm saying. Now that I'm saying you're wrong I bet I can keep this thread going for at least one more post by you :)

Lovelace4/17/2007 10:35:25 PM

Who votes that I can get one more response?

ls4/18/2007 1:14:00 AM

Lovelace, you win!!!

And I will check out a Con Law Treatise. I wish it wasn't necessary though.

Unfortunately, if you're a Charlottesvillian, you have a very fucked up local government which needs more than just my effort if its feet are to be held to one or more fires. The City's rhetoric about the environment, concern for citizen input, etc. simply do not match the reality of what happens here.

Neighborhood Development Services is a prime offender which simply does not obey the law or follow the Comprehensive Plans we spend milions for. Their inability to handle enforcement of the Water Protection Ordinance would be laughable if its impact weren't so painfully visible.

What I vote for is sending a message to City Council that the way they have handeled this matter is not acceptable. That may not seem to be quite as much fun as taunting strangers, but with a little creativity, it certainly could be.

David E. Brown

e-mail: [email protected]

Kendra Hamilton

e-mail: [email protected]

Kevin Lynch

e-mail: [email protected]

Dave Norris

e-mail: [email protected]

Julian Taliaferro

e-mail: [email protected]

Lovelace4/18/2007 2:17:03 PM

Alright! Whoever has been using my screen name better STOP right now. THIS IS NOT FUNNY!!!


Your Name:
Your Email (optional):
Comment:
Word Count:
0
500 word limit
Image Verification:
Please type the letters above:
*  People say the darndest things, but language stronger than "darn," insulting words like "stupid," ethnically or racially disparaging language, and comparing people to Hitler usually results in deletion of the comment and may get you blocked from further commenting. Ditto for posting unverified and/or potentially libelous allegations, and even off-topic digression. And to avoid spam, any comment containing more than two weblinks gets eaten by Bigfoot.



© 2002-2008 Better Publications LLC - The Hook - 100 Second Street NW - Charlottesville, VA 22902 - 434-295-8700 (fax: 434-295-8097) :Login: