Tuesday, October 14, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB2954: Eminent domain; definition of public uses and limitations thereon.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-1900 of the Code of Virginia is 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 are necessary for public purposes 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.
An increase in public revenue that is anticipated to be generated as a consequence of a taking of private property, including any increase in tax revenue expected to result from a planned change in the use of the private property, shall not constitute grounds for a determination that the taking is for public uses.
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.