Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1912-03-01
some OBJECTIONS
TO THE ROAD Law
Correspondent Thinks Rights
of Citizens Are Taken Away
BY the New Measure.

ro"u law LOT laZeWell county is now
pending for passage in the General
Assembly of Virginia. have been
unable to find out who is Its author.
but have reason to believe it was
drawn by man who is not n native
or resident of the county. The pro-
posed law, am informed, is printed
in full in this issue of your paper,
and your readers can see if the OBJ
jections l raise to it are substantial.
AS originally drawn and introduced,
it gave to the Board of Supervisors
authority to appoint Board of Road
Commissioners for each of the three
magisterial districts, to be composed
OF the Supervisor for such district
and two public spirited citizens, who
shall be qualified voters. This appoint
ing provision has been changed so
rs to give authority to the Circuit
Court to appoint the Boards of Road
commissioners, upon the joint recon-
mendation of the Board of Supervis-
ors and the Commemorative attorney
of he county. A rather absurd effort
to escape from most serious obiec-
tion to the law. as the change still
leaves the appointing power with the
Board of Supervisors, and gives the
Court no control of the Boards after
they are appointed.
The law gives extraordinary and
dangerous authority and pow er to the
Supervisors and the Board of Road
Commissioners, who will be the mere
creatures of the Supervisors. In the
hands OF good and capable men these
powers are not likley to be used To
the injury of the county or any of it's
citizens. But in the hands of incapa
BILE, ,vindictive or corrupt men oppor
tunity is abundantly furnished for the
infliction of grave damage to the per-
sonal and property rights of citizens
ana serious injury to the material
interests of the county.
This law gives to the Board of Road
Commissioners unusual powers-min-
isterial, executive and judicial; and
invests them with unlimiteda uthority
for applying and exercising tho rig hit
of eminent domain. This right of
eminent domain is the right reserved
by State to recall or take back for
public uses its original ownership of
land it has previously passed to a
citizen for valuable consideration.
1t is virtually an arbitrary right to
confiscate private property for public
uses. Its exercise has heretofore been
lodged in the Courts, by due process
of law; and the constitution of the
United States limits the exercise of
the right to cases where the public
good demands it. 1t is the most ex-
treme and arbitrary right or power
claimed by State over private prop
erty and should be used with the
greatest caution and as directed by
the supreme organic law.
Under this proposed new road law
the Boards of Road Commissioners,
men who are not learned in the law.
and, possibly, not freeholders, are
authorized, upon petition, to go upon
the land of any citizen in the county
and locate a road and coniiscate his
land for public uses, or even for pri
vate use as private road. They can
run road through a mans ward.
garden, orchard, house or private
burial ground if they SO wish.
Strange to say this law takes away
from the citizen his right of appeal
to the courts from what he may con-
slider vindictive and useless Impress
ment of his property and violation of
his personal and property rights.
And it takes from him the right of
injunction to prevent the despotic
confiscation of his private property.
The Boards of Road Commissioners
are made courts of original and final
jurisdiction as to the location Of the
roads. See Section 13 of the law,
which makes the the finding of the
Boards final, except as to damages.
See Section II of the law, which
takes away the right of injunction to
prevent the Boards from taking pos
session of the property they have i'm
pressed.
Some of the advocates of the new
law do not deny that it provides ex-
treme and harsh means for condemna
tion of private property. But they try
to justify by asserting that they can
not accomplish their desired end
without taking from those whom they
designate bull.headed or stubborn cit
liens the right of injunction and the
right of appeal to the courts and
juries. If this be true it is confess
sion that it is not only a special law
for Tazewell county, but is to be for
a special purpose to arbitrarily dep
I~tx sNas a.