Eminent domain; definition of public uses and limitations thereon. (HB2954)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from 16 copatrons, whose average partisan position is:

Those copatrons are Del. Clay Athey (R-Front Royal), Del. Jeff Frederick (R-Woodbridge), Del. Tom Gear (R-Hampton), Del. Todd Gilbert (R-Woodstock), Del. Sal Iaquinto (R-Virginia Beach), Del. Chris Jones (R-Suffolk), Del. Terry Kilgore (R-Gate City), Del. Matt Lohr (R-Harrisonburg), Del. Jackson Miller (R-Manassas), Del. Bobby Orrock (R-Thornburg), Del. Chris Saxman (R-Staunton), Del. Ed Scott (R-Culpeper), Del. Beverly Sherwood (R-Winchester), Del. John Welch (R-Virginia Beach), Sen. John Cosgrove (R-Chesapeake), Sen. Emmett Hanger (R-Mount Solon)

Description

Public uses; eminent domain. Defines the term "public uses" as embracing only the acquisition of property (i) that will be owned, enjoyed and occupied by the Commonwealth or political subdivision solely to provide a service or facility to or for the public generally, (ii) by a private entity pursuant to a delegation by the General Assembly of the power of eminent domain that authorizes the private entity to take private property for the purpose of providing its utility or transportation services or facilities to or for the public or (iii) that is necessary to remove an immediate threat to public health and safety caused by the existing condition of the property. The measure also provides that an increase in public revenue that is anticipated to be generated as a consequence of a taking of private property shall not constitute grounds for a determination that the taking is for public uses. Read the Bill »

Status

04/04/2007: enacted

History