Eminent domain; definition of public uses and limitations thereon. (SB1296)

Introduced By

Sen. Tommy Norment (R-Williamsburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Limitation on eminent domain; definition of public uses. States that eminent domain may not be used for the primary purpose of economic development or to increase tax revenue, although they may be incidental to the taking. No property may be transferred to a private party within five years of the taking unless it is offered for sale to the original owner and carves out an exception for public health and safety. Read the Bill »

Status

04/04/2007: enacted

History

  • 01/10/2007 Prefiled and ordered printed; offered 01/10/07 070403105
  • 01/10/2007 Referred to Committee for Courts of Justice
  • 01/22/2007 Assigned Courts sub: Eminent Domain
  • 02/05/2007 Committee substitute printed 072013780-S1
  • 02/06/2007 Constitutional reading dispensed (40-Y 0-N)
  • 02/06/2007 VOTE: (40-Y 0-N) (see vote tally)
  • 02/06/2007 Read second time
  • 02/06/2007 Reading of substitute waived
  • 02/06/2007 Committee substitute agreed to 072013780-S1
  • 02/06/2007 Reading of amendment waived
  • 02/06/2007 Amendment by Senator Norment agreed to
  • 02/06/2007 Engrossed by Senate - committee substitute with amendment SB1296ES1
  • 02/06/2007 Constitutional reading dispensed (38-Y 0-N)
  • 02/06/2007 VOTE: (38-Y 0-N) (see vote tally)
  • 02/06/2007 Passed Senate (36-Y 2-N)
  • 02/06/2007 VOTE: (36-Y 2-N) (see vote tally)
  • 02/06/2007 Communicated to House
  • 02/06/2007 Printed as engrossed 072013780-ES1
  • 02/07/2007 Placed on Calendar
  • 02/07/2007 Read first time
  • 02/07/2007 Referred to Committee for Courts of Justice
  • 02/09/2007 Assigned Courts sub: Civil Law
  • 02/19/2007 Reported from Courts of Justice with substitute (14-Y 6-N) (see vote tally)
  • 02/20/2007 Committee substitute printed 077256780-H1
  • 02/20/2007 Read second time
  • 02/21/2007 Motion to pass by motion to pass by for the day by Howell, A.T. withdrawn
  • 02/21/2007 Committee substitute rejected 077256780-H1
  • 02/21/2007 Substitute by Delegate Bell agreed to
  • 02/21/2007 Read third time
  • 02/21/2007 Motion to pass by motion to pass by for the day by Howell, A.T. withdrawn
  • 02/21/2007 Passed by temporarily
  • 02/21/2007 No action taken on Committee substitute 077256780-H1
  • 02/21/2007 Floor substitute printed 073908232-H2 (Bell)
  • 02/21/2007 Substitute by Delegate Bell agreed to 073908232-H2
  • 02/21/2007 Passed by for the day
  • 02/22/2007 Read third time
  • 02/22/2007 Passed by temporarily
  • 02/22/2007 Motion to reconsider passed by temporarily agreed to
  • 02/22/2007 Amendment by Delegate Bell agreed to
  • 02/22/2007 Engrossed by House - floor substitute with amendment SB1296H2
  • 02/22/2007 Passed House with substitute with amendment (85-Y 10-N)
  • 02/22/2007 VOTE: PASSAGE (85-Y 10-N) (see vote tally)
  • 02/22/2007 House substitute with amendment rejected by Senate (6-Y 23-N 2-A)
  • 02/22/2007 VOTE: (6-Y 23-N 2-A) (see vote tally)
  • 02/22/2007 House insisted on substitute with amendment
  • 02/22/2007 House requested conference committee
  • 02/22/2007 Senate acceded to request (34-Y 0-N)
  • 02/22/2007 VOTE: (34-Y 0-N) (see vote tally)
  • 02/22/2007 Rules Suspended to wave reading of conferees (33-Y 0-N 1-A)
  • 02/22/2007 VOTE: (33-Y 0-N 1-A) (see vote tally)
  • 02/22/2007 Reconsideration of Rules Suspended agreed to (32-Y 0-N 2-A)
  • 02/22/2007 Rules Suspended to wave reading of conferees (32-Y 0-N 2-A)
  • 02/22/2007 VOTE: (32-Y 0-N 2-A) (see vote tally)
  • 02/22/2007 Conferees appointed by Senate
  • 02/22/2007 Senators: Cuccinelli, Newman, Edwards
  • 02/22/2007 Conferees appointed by House
  • 02/22/2007 Delegates: Bell, Athey, Joannou
  • 02/24/2007 Conference substitute printed 072039720-S2
  • 02/24/2007 Conference report agreed to by House (84-Y 15-N)
  • 02/24/2007 VOTE: ADOPTION (84-Y 15-N) (see vote tally)
  • 02/24/2007 Passed by temporarily
  • 02/24/2007 Reading of conference report waived
  • 02/24/2007 Conference report agreed to by Senate (40-Y 0-N)
  • 02/24/2007 VOTE: (40-Y 0-N) (see vote tally)
  • 02/24/2007 Reconsideration of conference report agreed to by Senate (37-Y 0-N 2-A)
  • 02/24/2007 Conference report agreed to by Senate (37-Y 1-N 2-A)
  • 02/24/2007 VOTE: (37-Y 1-N 2-A) (see vote tally)
  • 02/24/2007 Unanimous Consent to Reconsider conference report agreed to (37-Y 0-N 2-A)
  • 02/24/2007 VOTE: (37-Y 0-N 2-A) (see vote tally)
  • 02/24/2007 Conference report agreed to by Senate (36-Y 2-N 2-A)
  • 02/24/2007 VOTE: (36-Y 2-N 2-A) (see vote tally)
  • 03/12/2007 Enrolled
  • 03/12/2007 Bill text as passed Senate and House (SB1296ER)
  • 03/12/2007 Signed by President
  • 03/13/2007 Signed by Speaker
  • 03/26/2007 Governor's recommendation received by Senate
  • 04/03/2007 Placed on Calendar
  • 04/04/2007 Enacted, Chapter (effective 7/1/07)
  • 04/04/2007 Senate concurred in Governor's recommendation (38-Y 0-N 2-A) (see vote tally)
  • 04/04/2007 House concurred in Governor's recommendation (97-Y 1-N)
  • 04/04/2007 G Governor's recommendation adopted
  • 04/04/2007 VOTE: ADOPTION (97-Y 1-N) (see vote tally)
  • 04/04/2007 Reenrolled
  • 04/04/2007 Reenrolled bill text (SB1296ER2)
  • 04/04/2007 Signed by President as reenrolled
  • 04/04/2007 Signed by Speaker as reenrolled
  • 04/04/2007 Enacted, Chapter 926 (effective 7/1/07)
  • 04/11/2007 G Acts of Assembly Chapter text (CHAP0926)

Comments

Ray hyde writes:

"Except for entities regulated by the State Corporation Commission...."

Is a huge loophole. Those organizations are exempt because they provide significant public benefits. However, there is no public benefit that is so important,so valuable, or so general that those that benefit cannot afford to properly compensate those that are damaged.

We need laws that promote the art of the deal, in which both parties win.

analog man writes:

This bill has nothing to do with "proper compensation." It's a "Kelo-fix," which means it attempts to curtail the taking of property by the government to give to another private party.

The SCC regulates utilities. Only utilities have to get approval from a separate entity (SCC) before exercising eminent domain. Also, they cannot condemn property in order to transfer it to another party -- that's already prohibited by statute.