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:
Progress
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Introduced |
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Passed Committee |
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Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
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. View Full Text »
