Constitutional amendment; taking or damaging of private property for public use (second reference). (SJ3)
Introduced By
Sen. Mark Obenshain (R-Harrisonburg) with support from 13 copatrons, whose average partisan position is:
Progress
√ |
Introduced |
√ |
Passed Committee |
√ |
Passed House |
√ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.
Status
03/17/2012: Passed the General Assembly
History
- 11/21/2011 Prefiled and ordered printed; offered 01/11/12 12100006D
- 11/21/2011 Referred to Committee on Privileges and Elections
- 01/31/2012 Reported from Privileges and Elections with substitute (13-Y 2-N) (see vote tally)
- 01/31/2012 Committee substitute printed 12104981D-S1
- 02/01/2012 Incorporates SJ67
- 02/01/2012 Incorporates SJ117
- 02/02/2012 Read first time
- 02/03/2012 Read second time
- 02/03/2012 Passed by for the day
- 02/06/2012 Read second time
- 02/06/2012 Passed by for the day
- 02/07/2012 Passed by for the day
- 02/08/2012 Impact statement from DPB (SJ3)
- 02/08/2012 Passed by for the day
- 02/09/2012 Passed by for the day
- 02/10/2012 Read second time
- 02/10/2012 Reading of substitute waived
- 02/10/2012 Committee substitute agreed to 12104981D-S1
- 02/10/2012 Engrossed by Senate - committee substitute SJ3S1
- 02/13/2012 Read third time and agreed to by Senate (23-Y 16-N) (see vote tally)
- 02/13/2012 Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
- 02/13/2012 Agreed to by Senate (23-Y 17-N) (see vote tally)
- 02/15/2012 Placed on Calendar
- 02/15/2012 Read first time
- 02/15/2012 Referred to Committee on Privileges and Elections
- 02/16/2012 Assigned P & E sub: Constitutional Amendments Subcommittee
- 02/27/2012 Subcommittee recommends reporting (6-Y 0-N)
- 03/02/2012 Reported from Privileges and Elections (20-Y 2-N) (see vote tally)
- 03/06/2012 Taken up
- 03/06/2012 Agreed to by House (83-Y 17-N)
- 03/06/2012 VOTE: ADOPTION (83-Y 17-N) (see vote tally)
- 03/15/2012 Enrolled
- 03/15/2012 Bill text as passed Senate and House (SJ3ER)
- 03/15/2012 Signed by Speaker
- 03/17/2012 Signed by President
- 04/09/2012 Assigned Chapter 738 (effective - see bill)
- 04/10/2012 G Acts of Assembly Chapter text (CHAP0738)