HJ723: Constitutional amendment; taking of private property for public uses (first reference).

Chief Patron

Rob Bell (R-58)
Charlottesville, VA
Served: 2002–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate

Status

Bill is Dead

View Entire History

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02/22/2007 Substitute by Senator Obenshain withdrawn 072033782-S2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)

Summary

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.

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