Tracking Virginia’s General Assembly
since 2007.
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
| Introduced | |
| Passed Committee | |
| Passed House | |
| Passed Senate | |
Status
Bill is Dead
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 »
Poll Results
5 votes
Tags
Bill Text
Related Bills
Introduced: December 30, 2005
Status: Introduced
: Spot blight abatement; condemnation.Status: Introduced
Introduced: January 03, 2007
Status: assigned to subcommittee
: Condemnation by authorities; exercise of power of eminent domain must be approved by governing body.Status: assigned to subcommittee
Introduced: January 10, 2007
Status: assigned to subcommittee
: Eminent domain; definition of public uses.Status: assigned to subcommittee
Introduced: January 10, 2006
Status: assigned to subcommittee
: Condemned property; compensation for property owners.Status: assigned to subcommittee
Introduced: January 10, 2007
Status: enacted
: Eminent domain; definition of public uses and limitations thereon.Status: enacted

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.