HB2954: Eminent domain; definition of public uses and limitations thereon.

Chief Patron

Rob Bell (R-58)
Charlottesville, VA
Served: 2002–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

04/04/2007: enacted

View Entire History

01/10/2007 Committee
01/10/2007 Prefiled and ordered printed; offered 01/10/07 070118232
01/10/2007 Referred to Committee for Courts of Justice
01/17/2007 Assigned Courts sub: Civil Law
02/03/2007 Committee substitute printed 075605232-H1
02/03/2007 Read first time
02/05/2007 Read second time
02/05/2007 Committee substitute agreed to 075605232-H1
02/05/2007 Amendment by Delegate Nutter rejected
02/05/2007 Engrossed by House - committee substitute HB2954H1
02/06/2007 Read third time and passed House (87-Y 10-N)
02/06/2007 Communicated to Senate
02/07/2007 Constitutional reading dispensed
02/07/2007 Referred to Committee for Courts of Justice
02/09/2007 Assigned Courts sub: Eminent Domain
02/19/2007 Reported from Courts of Justice with substitute (12-Y 0-N 2-A) (see vote tally)
02/20/2007 Committee substitute printed 072028232-S1
02/20/2007 Constitutional reading dispensed (40-Y 0-N)
02/20/2007 Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
02/20/2007 VOTE: (40-Y 0-N) (see vote tally)
02/20/2007 Passed by for the day
02/21/2007 Read third time
02/21/2007 Floor substitute printed 073906720-S2 (Cuccinelli)
02/21/2007 Passed by for the day
02/22/2007 Amendment #1 by Senator Williams rejected (19-Y 19-N 2-A)
02/22/2007 Amendment #2 by Senator Williams withdrawn
02/22/2007 Amendment #1 by Senator Williams reconsidered (36-Y 0-N 2-A)
02/22/2007 Amendment #1 by Senator Williams agreed to (18-Y 17-N 2-A)
02/22/2007 Amendment #2 by Senator Williams agreed to
02/22/2007 Floor substitute printed 073912720-S3 (Cuccinelli)
02/22/2007 Read third time
02/22/2007 Committee substitute rejected 072028232-S1
02/22/2007 Amendment by Senator Stolle withdrawn
02/22/2007 Substitute by Senator Cuccinelli withdrawn 073906720-S2
02/22/2007 Reading of substitute waived
02/22/2007 Substitute by Senator Cuccinelli agreed to 073912720-S3
02/22/2007 Amendment #2 by Senator Williams rejected (19-Y 19-N 2-A)
02/22/2007 VOTE: (19-Y 19-N 2-A) (see vote tally)
02/22/2007 Chair votes No
02/22/2007 Amendment #1 by Senator Williams withdrawn
02/22/2007 Amendment #3 by Senator Quayle withdrawn
02/22/2007 Reading of amendments waived
02/22/2007 Amendment #1 by Senator Quayle rejected (16-Y 20-N 2-A)
02/22/2007 VOTE: (16-Y 20-N 2-A) (see vote tally)
02/22/2007 Passed by temporarily
02/22/2007 Amendment #2 by Senator Quayle withdrawn
02/22/2007 Amendment #2 by Senator Williams reconsidered (36-Y 0-N 2-A)
02/22/2007 VOTE: (36-Y 0-N 2-A) (see vote tally)
02/22/2007 Amendment #2 by Senator Williams agreed to (18-Y 17-N 2-A)
02/22/2007 VOTE: (18-Y 17-N 2-A) (see vote tally)
02/22/2007 Amendment #1 by Senator Williams agreed to
02/22/2007 Amendment #4 by Senator Quayle withdrawn
02/22/2007 Reading of amendment waived
02/22/2007 Amendment #5 by Senator Quayle rejected (16-Y 21-N 2-N)
02/22/2007 VOTE: (16-Y 21-N 2-A) (see vote tally)
02/22/2007 Amendment by Senator Hawkins withdrawn
02/22/2007 Engrossed by Senate - floor substitute with amendments HB2954S3
02/22/2007 Passed Senate with substitute with amendments (33-Y 3-N 2-A)
02/22/2007 VOTE: (33-Y 3-N 2-A) (see vote tally)
02/22/2007 Placed on Calendar
02/22/2007 Senate substitute agreed to by House (85-Y 3-N)
02/22/2007 VOTE: ADOPTION (85-Y 3-N) (see vote tally)
02/22/2007 Senate amendments rejected by House (13-Y 76-N)
02/22/2007 VOTE: REJECTED (13-Y 76-N) (see vote tally)
02/22/2007 Senate insisted on amendments (23-Y 7-N 2-A)
02/22/2007 VOTE: (23-Y 7-N 2-A) (see vote tally)
02/22/2007 Senate requested conference committee
02/22/2007 House acceded to request
02/22/2007 Conferees appointed by House
02/22/2007 Delegates: Bell, Athey, Joannou
02/22/2007 Rules Suspended to waive reading of conferees (33-Y 0-N 1-A)
02/22/2007 VOTE: (33-Y 0-N 1-A) (see vote tally)
02/22/2007 Reconsideration of Rules Suspended agreed to (32-Y 0-N 2-A)
02/22/2007 Rules Suspended to waive reading of conferees (32-Y 0-N 2-A)
02/22/2007 VOTE: (32-Y 0-N 2-A) (see vote tally)
02/22/2007 Conferees appointed by Senate
02/22/2007 Senators: Obenshain, Newman, Edwards
02/24/2007 Conference substitute printed 072037232-H2
02/24/2007 Conference report agreed to by House (84-Y 14-N)
02/24/2007 VOTE: ADOPTION (84-Y 14-N) (see vote tally)
02/24/2007 Reading of conference report waived
02/24/2007 Conference report agreed to by Senate (36-Y 2-N 2-A)
02/24/2007 VOTE: (36-Y 2-N 2-A) (see vote tally)
03/12/2007 Enrolled
03/12/2007 Bill text as passed House and Senate (HB2954ER)
03/12/2007 Signed by President
03/13/2007 Signed by Speaker
03/26/2007 Governor's recommendation received by House
04/03/2007 Placed on Calendar
04/04/2007 Enacted, Chapter (effective 7/1/07)
04/04/2007 House concurred in Governor's recommendation (99-Y 1-N)
04/04/2007 VOTE: ADOPTION (99-Y 1-N) (see vote tally)
04/04/2007 Senate concurred in Governor's recommendation (37-Y 0-N 2-A) (see vote tally)
04/04/2007 G Governor's recommendation adopted
04/04/2007 Reenrolled
04/04/2007 Reenrolled bill text (HB2954ER2)
04/04/2007 Signed by Speaker as reenrolled
04/04/2007 Signed by President as reenrolled
04/04/2007 Enacted, Chapter 882 (effective 7/1/07)
04/11/2007 G Acts of Assembly Chapter text (CHAP0882)

Summary

Public uses; eminent domain. Defines the term "public uses" as embracing only the acquisition of property (i) that will be owned, enjoyed and occupied by the Commonwealth or political subdivision solely to provide a service or facility to or for the public generally, (ii) by a private entity pursuant to a delegation by the General Assembly of the power of eminent domain that authorizes the private entity to take private property for the purpose of providing its utility or transportation services or facilities to or for the public or (iii) that is necessary to remove an immediate threat to public health and safety caused by the existing condition of the property. The measure also provides that an increase in public revenue that is anticipated to be generated as a consequence of a taking of private property shall not constitute grounds for a determination that the taking is for public uses.

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