Constitutional amendment; taking of private property for public uses (first reference). (HJ723)

Introduced By

Del. Rob Bell (R-Charlottesville) with support from 19 copatrons, whose average partisan position is:

Those copatrons are Del. Dave Albo (R-Springfield), Del. Clay Athey (R-Front Royal), Del. Danny Bowling (D-Oakwood), Del. Anne Crockett-Stark (R-Wytheville), Del. Jeff Frederick (R-Woodbridge), Del. Todd Gilbert (R-Woodstock), Del. Sal Iaquinto (R-Virginia Beach), Del. Bill Janis (R-Glen Allen), Del. Johnny Joannou (D-Portsmouth), 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 Peace (R-Mechanicsville), Del. Bud Phillips (D-Castlewood), Del. Beverly Sherwood (R-Winchester), Del. John Welch (R-Virginia Beach), Sen. Emmett Hanger (R-Mount Solon)


Passed Committee
Passed House
Passed Senate


Constitutional amendment (first resolution); taking of private property for public uses. Establishes what constitutes a taking of private property for a public use. Takings are for a public use only if the property is used solely to provide a service or facility to or for the public generally or if the taking is to remove an immediate threat to public health or safety caused by the existing condition of the property. A taking of private property does not constitute a taking for a public use if a purpose of the taking is to transfer its ownership, possession, or occupancy to a private entity. However, takings of private property by a private entity are for a public use if the entity has been delegated the power of eminent domain to take it for the purpose of providing utility or transportation services or facilities to or for the public. Statements that a taking is for a public use or that the taking will further economic development, increase public revenue, or increase employment shall not be considered in judicial determinations of whether the taking is for a public use. The condemnor may dispose of property that was acquired for a public use upon a subsequent determination that the property is not necessary or appropriate for the use for which it was taken or no longer poses an immediate threat to public health or safety. Read the Bill »


Bill Has Failed


01/10/2007Prefiled and ordered printed; offered 01/10/07 070108232
01/10/2007Referred to Committee on Privileges and Elections
01/18/2007Assigned P & E sub: #1 (Marshall, R.G.)
01/25/2007Assigned P & E sub: #1 (Marshall, R.G.)
02/02/2007Committee substitute printed 075602232-H1
02/03/2007Substitute bill reprinted 075602232-H1
02/05/2007Passed by for the day
02/06/2007Taken up
02/06/2007Committee substitute agreed to 075602232-H1
02/06/2007Engrossed by House - committee substitute HJ723H1
02/06/2007Agreed to by House (67-Y 30-N)
02/06/2007Communicated to Senate
02/07/2007Reading waived
02/07/2007Referred to Committee on Privileges and Elections
02/13/2007Reported from Privileges and Elections with substitute (14-Y 0-N 1-A) (see vote tally)
02/13/2007Rereferred to Courts of Justice
02/14/2007Committee substitute printed 075617232-S1
02/19/2007Reported from Courts of Justice with amendments (7-Y 4-N 2-A) (see vote tally)
02/20/2007Reading waived (40-Y 0-N)
02/20/2007Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
02/20/2007VOTE: (40-Y 0-N) (see vote tally)
02/20/2007Passed by for the day
02/21/2007Read third time
02/21/2007Reading of substitute waived
02/21/2007Committee substitute rejected 075617232-S1
02/21/2007Reading of amendments waived
02/21/2007Committee amendments agreed to
02/21/2007Motion to recommit to committee rejected (19-Y 19-N 2-A)
02/21/2007VOTE: (19-Y 19-N 2-A) (see vote tally)
02/21/2007Chair votes No
02/21/2007Rejected by Senate (18-Y 20-N 2-A)
02/21/2007VOTE: (18-Y 20-N 2-A) (see vote tally)
02/21/2007Reconsideration of defeated action agreed to by Senate (38-Y 0-N 2-A)
02/21/2007VOTE: (38-Y 0-N 2-A) (see vote tally)
02/21/2007Passed by for the day
02/22/2007Floor substitute printed 072033782-S2 (Obenshain)
02/22/2007Floor substitute printed 072034782-S3 (Obenshain)
02/22/2007Read third time
02/22/2007Passed by temporarily
02/22/2007Committee amendments reconsidered (39-Y 0-N)
02/22/2007VOTE: (39-Y 0-N) (see vote tally)
02/22/2007Committee amendments rejected
02/22/2007Substitute by Senator Obenshain withdrawn 072033782-S2
02/22/2007Reading of substitute waived
02/22/2007Substitute by Senator Obenshain agreed to 072034782-S3
02/22/2007Rejected by Senate (16-Y 20-N 3-A)
02/22/2007VOTE: (16-Y 20-N 3-A) (see vote tally)