Constitutional amendment; prohibits taking of private property by eminent domain powers. (HJ579)

Introduced By

Del. Chris Peace (R-Mechanicsville) with support from co-patron Sen. Emmett Hanger (R-Mount Solon)


Passed Committee
Passed House
Passed Senate


Constitutional amendment (first resolution); exercise of eminent domain powers. Prohibits the taking of private property by eminent domain for the predominant use of any private person or entity or for the transfer of ownership to any private person or entity. Further defines the permissible public uses for which property may be taken and the "just compensation" that must be paid for the property taken. The proposed amendment specifies that it is a judicial question whether private property is being condemned for a permissible public use. Read the Bill »


Bill Has Failed


12/14/2006Prefiled and ordered printed; offered 01/10/07 078353454
12/14/2006Referred to Committee on Privileges and Elections
01/11/2007Assigned P & E sub: #1 (Marshall, R.G.)
01/25/2007Assigned P & E sub: #1 (Marshall, R.G.)


Gil Clancy writes:

So this is the General Assembly's response to Kelo. About time.

Jim Duncan writes:

At least it's something. Shame it's taken this long.

Ray hyde writes:

This is absolutely correct.

The current regulations on takings for emeinet domain are entirely too slanted on the part of the "taker". If the taking is for a true public purpose, then the regulations are meant to prevent individuals from holding up progress.

But, if the taking is for profit, then the landowner is entitled to expect that, not only will he be paid for what is broken, but that he will expect to be treated as a stockholder in the stream of profits, or, that he will be paid the equivalent in net present value.