Saturday, July 5, 2008
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Tracking Virginia’s General Assembly
since 2007.

Search 2008 Bills:

HJ579: Constitutional amendment; prohibits taking of private property by eminent domain powers.

Chief Patron

Del. Chris Peace (R-97)

Chris Peace (R-97)
Mechanicsville, VA
Served: 2006–

Progress

Yes Introduced
Passed Committee
Passed House
Passed Senate

Status

Bill is Dead

View Entire History

Summary

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 »

Comments

Gil Clancy writes:

So this is the General Assembly's response to Kelo. About time.

Jim Duncan writes:

At least it's something. Shame it's taken this long.

Ray hyde writes:

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.

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Poll Results

5 votes

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Tags

Separate each tag with a space: tax highway vdot. Multiple word tags must be enclosed within quotes: “capital murder”.

Bill Text

Related Bills

  • HB184
    Introduced: December 30, 2005
    Status: Introduced
    : Spot blight abatement; condemnation.
  • HB1820
    Introduced: January 03, 2007
    Status: assigned to subcommittee
    : Condemnation by authorities; exercise of power of eminent domain must be approved by governing body.
  • SB1304
    Introduced: January 10, 2007
    Status: assigned to subcommittee
    : Eminent domain; definition of public uses.
  • HB923
    Introduced: January 10, 2006
    Status: assigned to subcommittee
    : Condemned property; compensation for property owners.
  • HB2954
    Introduced: January 10, 2007
    Status: enacted
    : Eminent domain; definition of public uses and limitations thereon.