Present: Kinser, C.J., Lemons, Millette, Mims, McClanahan,Powell, JJ. and Lacy, S.J.PKO VENTURES, LLCOPINION BYv. Record No. 121534 JUSTICE LEROY F. MILLETTE, JR.September 12, 2013NORFOLK REDEVELOPMENT AND HOUSING AUTHORITYFROMTHE CIRCUIT COURT OF THE CITY OF NORFOLK Louis A. Sherman, JudgeIn this appeal we consider whether a redevelopment andhousing authority may acquire by process of eminent domainunblighted private property located within a blighted areadesignated for redevelopment subsequent to a statutorily imposedlimitation on acquisition by condemnation to only thoseproperties that are themselves blighted.I.
Facts and ProceedingsA.
Creation of the Redevelopment Project and EarlierAcquisitionsIn January 1998, the Council of the City of Norfolkapproved the Hampton Boulevard Redevelopment Project ("theRedevelopment Project") created by the Norfolk Redevelopment andHousing Authority ("NRHA") under the authority of Code §§ 36-49and 36-51. Code § 36-49 authorizes a redevelopment and housingauthority to "adopt a redevelopment plan for a designatedredevelopment area to address blighted areas." A
redevelopmentand housing authority is "specifically empowered to carry out