Wednesday, December 3, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB336: Condemnation of property; definition of public uses by localities.
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-1900 and 15.2-1901 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-1900. Definition of public uses.
The term "public uses" mentioned in Article I,
Section 11 of the Constitution of Virginia is hereby defined to embrace all
uses which that are
necessary for public purposes. Further, and notwithstanding any
applicable charter provision or other provision of law, public
use shall not include any condemnation of
property by a locality that (i) is
made with the intent of making the property available for ownership or use by a
private entity unless any benefits that will accrue to the private entity as a
result of its ownership or use of the property are merely incidental when
compared to the benefits that will accrue to the public or (ii) is otherwise
predominantly for a private purpose.
§ 15.2-1901. Condemnation authority.
A. In addition to the authority granted to localities pursuant to any applicable charter provision or other provision of law, whenever a locality is authorized to acquire real or personal property or property interests for a public use as defined in § 15.2-1900, it may do so by exercise of the power of eminent domain, except as provided in subsection B.
B. A locality may acquire property or property interests outside its boundaries by exercise of the power of eminent domain only if such authority is expressly conferred by general law or special act. However, cities and towns shall have the right to acquire property outside their boundaries for the purposes set forth in § 15.2-2109 by exercise of the power of eminent domain. The exercise of such condemnation authority by a city or town shall not be construed to exempt the municipality from the provisions of subsection F of § 56-580.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.