HOUSE JOINT RESOLUTION NO. 708 Offered January 10, 2007 Prefiled January 10, 2007 Directing the Joint Legislative Audit and Review Commission to study the current state of the law regarding the exercise of eminent domain in Virginia. Report. ---------- Patron-- Hall ---------- Committee Referral Pending ----------

WHEREAS, in 2005, the U.S. Supreme Court issued its decision in Kelo v. City of New London, 125 S.Ct. 2655 (2005), in which the Court held that, under the United States Constitution, the taking of property through the exercise of eminent domain for the purpose of economic development constituted a public use, even though the property was ultimately to be given to a private entity; and

WHEREAS, there have been numerous bills introduced in the General Assembly made in response to the Kelo decision; and

WHEREAS, no thorough review of the exercise of eminent domain in Virginia, as set forth in Article I, Section 11 of the Virginia Constitution, has been made since Kelo that would allow a conclusion to be drawn concerning whether eminent domain is or is not subject to abuse in Virginia; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the Joint Legislative Audit and Review Commission be directed to study the current state of the law regarding the exercise of eminent domain in Virginia.

In conducting its study, the Joint Legislative Audit and Review Commission shall review the exercise of eminent domain under the laws of the Commonwealth and under the Constitution of Virginia. The Commission shall determine what, if any, amendments or changes to these laws are needed. Consideration should be given to whether the exercise of eminent domain is or may be subject to potential abuses and, if so, what steps need to be taken to prevent such abuses.

All agencies of the Commonwealth shall provide assistance to the Joint Legislative Audit and Review Commission for this study, upon request.

The Joint Legislative Audit and Review Commission shall complete its meetings for the first year by November 30, 2007, and for the second year by November 30, 2008, and the Chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the Joint Legislative Audit and Review Commission intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.