Harpers Ferry still waiting on Hilltop

HARPERS FERRY – As the town council of Harpers Ferry

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One Response to Harpers Ferry still waiting on Hilltop

  1. The statements about the water system are incorrect. Why should the developer be forced to pay the entire $6 million for upgrades that are unrelated to the hotel? There is nothing in the HF ordinance that would or could require such since it is not allowed under West Virginia code which requires any infrastructure contribution be both directly related to and in proportion to any impact. The hotel did not create the antiquated water system and even if somehow it contributed at most it could be only its fair share, not everbody’s share. The reason West Virginia state code requires this is because the US Supreme Court has said many times that requiring contribution not directly related to and in proportion would be unconstitutional and violate the Just Compensation Clause in the Fifth Amendment. Actually, the US Supreme Court has stated it even stronger. In a nearly similar case in Florida decided just 6 months ago, also involving a Water District, the Supremes called the attempts by the Water District to exact payments as “extortionate demands.” In several earlier cases the Supremes called such efforts an “out-and-out plan of extortion.”

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