Enjoyment of easement; owner of estate shall not cause to be present any debris within 25 feet. (SB327)
Introduced By
Sen. Richard Stuart (R-Westmoreland)
Progress
√ |
Introduced |
X |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Enjoyment of easement. Provides that the owner of the servient estate shall not cause to be present any objects of personal property, debris, or refuse, either temporarily or permanently, upon the burdened land or within 25 feet thereof. Current law provides that the owner of the servient estate shall not engage in an activity or cause to be present any objects either upon the burdened land or immediately adjacent thereto that unreasonably interfere with the enjoyment of the easement by the owner of the dominant estate. View Full Text »
Status
02/08/2010: Failed to Pass in Committee
View Bill's History
Comments
SB327 is unconstitutional. It takes a person's property and gives it to the easement holder without just compensation as required by the Code of VA. This bill would effectively circumvent the "just comensation" protection afforded now and will adversely effect landowner's who have existing easements on their property. In my case would render 5.75 acres of my farm off limits for my use, yet I would be levied taxes on it as if it were not burdened by this change in the law. This effects smaller landowner's even more. Every property owner with an easement going across their lot had better think about how it effects the use and development of their property with regard to errecting swimming pools, decks and garages, etc. The bill would give every sewerline, water line, telephone line, power line, buried cable etc. that holds and existing easement 25' on either side of the easement!
SB327: Enjoyment of easement; owner of estate shall not cause to be present any debris within 25 feet is WRONG. It is unconstitutional to take this property without compensation! The owner cannot use it but they have to pay taxes on it?
Do NOT pass this unjust bill!
SB327: This bill would take away property owners rights. Vote NO
As a land manager for a large land owning company for many years, I've had to administer many easements. When someone wishes to purchase an easement, they must specify the width of easement that they need. If that need includes specifying what we could do with our land for an additional 25 feet, then that is added onto the easement and included in the easement price.
It is wrong to take land from a property owner without paying compensation. The owner paid for that easement as part of their purchase and pay taxes on it.
SB327: This proposed easement bill is unconstitutional and goes against property rights. No compensation to property owners is offered by either the state or companies (like Dominion Power, Verizon and etc.) wanting to increase the easement boundaries. I live in a sub-division that includes hundreds of single family homes which were built circa 1975 with established easements. Since then we have added fences, sheds, swimming pools, landscaping and gardens keeping in mind the existing easements. Adding 25 more feet to the current easement would cause the it to come up to the front edge of my house and within 15 feet or so to the back of the house. If I am going to pay property taxes on this land, then I want full use of it. It is my opinion that current easements are sufficient to handle desired improvements by utility companies. Vote No!! Vote No!!!