Eminent Domain

By: Kirsten Gladding
By: Kirsten Gladding

Construction of a new sewer system along Route 11 has already begun, but one Rockingham County man whose front yard is part of the project site is standing in the way Even though Kenneth Hornsby says he will not give up his land, the county does have the right to take it through the law of Eminent Domain

Harrisonburg Attorney Daniel Neher said, "Eminent Domain is the right for a government agency to take land owned by private individuals or companies and to use that land for a public purpose. When government exercises this authority they have to provide just compensation to the landowners whose land was taken. This would go back to the founding of the republic, every government in the Western judicial tradition has the right to do this"

While Hornsby is not the first landowner to argue with the government over property, usually the argument is about money.

Though they haven't yet had the chance to work on the Hornsby property, the county did begin work on a new sewer system to be completed by next July.


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