Constitutional amendment; prohibits taking of private property by eminent domain powers. (HJ579)
Introduced By
Del. Chris Peace (R-Mechanicsville) with support from co-patron Sen. Emmett Hanger (R-Mount Solon)
Progress
√ |
Introduced |
☐ |
Passed Committee |
☐ |
Passed House |
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Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Constitutional amendment (first resolution); exercise of eminent domain powers. Prohibits the taking of private property by eminent domain for the predominant use of any private person or entity or for the transfer of ownership to any private person or entity. Further defines the permissible public uses for which property may be taken and the "just compensation" that must be paid for the property taken. The proposed amendment specifies that it is a judicial question whether private property is being condemned for a permissible public use. View Full Text »
Outcome
Bill Has Failed
View Bill's History
Comments
So this is the General Assembly's response to Kelo. About time.
At least it's something. Shame it's taken this long.
This is absolutely correct.
The current regulations on takings for emeinet domain are entirely too slanted on the part of the "taker". If the taking is for a true public purpose, then the regulations are meant to prevent individuals from holding up progress.
But, if the taking is for profit, then the landowner is entitled to expect that, not only will he be paid for what is broken, but that he will expect to be treated as a stockholder in the stream of profits, or, that he will be paid the equivalent in net present value.