Constitutional amendment; taking of private property for public uses (first reference). (HJ723)
Introduced By
Del. Rob Bell (R-Charlottesville) with support from 19 copatrons, whose average partisan position is:
Those copatrons are Del. Dave Albo (R-Springfield), Del. Clay Athey (R-Front Royal), Del. Danny Bowling (D-Oakwood), Del. Anne Crockett-Stark (R-Wytheville), Del. Jeff Frederick (R-Woodbridge), Del. Todd Gilbert (R-Woodstock), Del. Sal Iaquinto (R-Virginia Beach), Del. Bill Janis (R-Glen Allen), Del. Johnny Joannou (D-Portsmouth), Del. Chris Jones (R-Suffolk), Del. Terry Kilgore (R-Gate City), Del. Matt Lohr (R-Harrisonburg), Del. Jackson Miller (R-Manassas), Del. Bobby Orrock (R-Thornburg), Del. Chris Peace (R-Mechanicsville), Del. Bud Phillips (D-Castlewood), Del. Beverly Sherwood (R-Winchester), Del. John Welch (R-Virginia Beach), Sen. Emmett Hanger (R-Mount Solon)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
Description
Constitutional amendment (first resolution); taking of private property for public uses. Establishes what constitutes a taking of private property for a public use. Takings are for a public use only if the property is used solely to provide a service or facility to or for the public generally or if the taking is to remove an immediate threat to public health or safety caused by the existing condition of the property. A taking of private property does not constitute a taking for a public use if a purpose of the taking is to transfer its ownership, possession, or occupancy to a private entity. However, takings of private property by a private entity are for a public use if the entity has been delegated the power of eminent domain to take it for the purpose of providing utility or transportation services or facilities to or for the public. Statements that a taking is for a public use or that the taking will further economic development, increase public revenue, or increase employment shall not be considered in judicial determinations of whether the taking is for a public use. The condemnor may dispose of property that was acquired for a public use upon a subsequent determination that the property is not necessary or appropriate for the use for which it was taken or no longer poses an immediate threat to public health or safety. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/10/2007 | Committee |
01/10/2007 | Prefiled and ordered printed; offered 01/10/07 070108232 |
01/10/2007 | Referred to Committee on Privileges and Elections |
01/18/2007 | Assigned P & E sub: #1 (Marshall, R.G.) |
01/25/2007 | Assigned P & E sub: #1 (Marshall, R.G.) |
02/02/2007 | Committee substitute printed 075602232-H1 |
02/03/2007 | Substitute bill reprinted 075602232-H1 |
02/05/2007 | Passed by for the day |
02/06/2007 | Taken up |
02/06/2007 | Committee substitute agreed to 075602232-H1 |
02/06/2007 | Engrossed by House - committee substitute HJ723H1 |
02/06/2007 | Agreed to by House (67-Y 30-N) |
02/06/2007 | Communicated to Senate |
02/07/2007 | Reading waived |
02/07/2007 | Referred to Committee on Privileges and Elections |
02/13/2007 | Reported from Privileges and Elections with substitute (14-Y 0-N 1-A) (see vote tally) |
02/13/2007 | Rereferred to Courts of Justice |
02/14/2007 | Committee substitute printed 075617232-S1 |
02/19/2007 | Reported from Courts of Justice with amendments (7-Y 4-N 2-A) (see vote tally) |
02/20/2007 | Reading waived (40-Y 0-N) |
02/20/2007 | Motion to reconsider Passed by for the day agreed to (40-Y 0-N) |
02/20/2007 | VOTE: (40-Y 0-N) (see vote tally) |
02/20/2007 | Passed by for the day |
02/21/2007 | Read third time |
02/21/2007 | Reading of substitute waived |
02/21/2007 | Committee substitute rejected 075617232-S1 |
02/21/2007 | Reading of amendments waived |
02/21/2007 | Committee amendments agreed to |
02/21/2007 | Motion to recommit to committee rejected (19-Y 19-N 2-A) |
02/21/2007 | VOTE: (19-Y 19-N 2-A) (see vote tally) |
02/21/2007 | Chair votes No |
02/21/2007 | Rejected by Senate (18-Y 20-N 2-A) |
02/21/2007 | VOTE: (18-Y 20-N 2-A) (see vote tally) |
02/21/2007 | Reconsideration of defeated action agreed to by Senate (38-Y 0-N 2-A) |
02/21/2007 | VOTE: (38-Y 0-N 2-A) (see vote tally) |
02/21/2007 | Passed by for the day |
02/22/2007 | Floor substitute printed 072033782-S2 (Obenshain) |
02/22/2007 | Floor substitute printed 072034782-S3 (Obenshain) |
02/22/2007 | Read third time |
02/22/2007 | Passed by temporarily |
02/22/2007 | Committee amendments reconsidered (39-Y 0-N) |
02/22/2007 | VOTE: (39-Y 0-N) (see vote tally) |
02/22/2007 | Committee amendments rejected |
02/22/2007 | Substitute by Senator Obenshain withdrawn 072033782-S2 |
02/22/2007 | Reading of substitute waived |
02/22/2007 | Substitute by Senator Obenshain agreed to 072034782-S3 |
02/22/2007 | Rejected by Senate (16-Y 20-N 3-A) |
02/22/2007 | VOTE: (16-Y 20-N 3-A) (see vote tally) |