Eminent domain; definition of public uses and limitations thereon. (SB1296)

Introduced By

Sen. Tommy Norment (R-Williamsburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Limitation on eminent domain; definition of public uses. States that eminent domain may not be used for the primary purpose of economic development or to increase tax revenue, although they may be incidental to the taking. No property may be transferred to a private party within five years of the taking unless it is offered for sale to the original owner and carves out an exception for public health and safety. Read the Bill »


04/04/2007: enacted


01/10/2007Prefiled and ordered printed; offered 01/10/07 070403105
01/10/2007Referred to Committee for Courts of Justice
01/22/2007Assigned Courts sub: Eminent Domain
02/05/2007Committee substitute printed 072013780-S1
02/06/2007Constitutional reading dispensed (40-Y 0-N)
02/06/2007VOTE: (40-Y 0-N) (see vote tally)
02/06/2007Read second time
02/06/2007Reading of substitute waived
02/06/2007Committee substitute agreed to 072013780-S1
02/06/2007Reading of amendment waived
02/06/2007Amendment by Senator Norment agreed to
02/06/2007Engrossed by Senate - committee substitute with amendment SB1296ES1
02/06/2007Constitutional reading dispensed (38-Y 0-N)
02/06/2007VOTE: (38-Y 0-N) (see vote tally)
02/06/2007Passed Senate (36-Y 2-N)
02/06/2007VOTE: (36-Y 2-N) (see vote tally)
02/06/2007Communicated to House
02/06/2007Printed as engrossed 072013780-ES1
02/07/2007Placed on Calendar
02/07/2007Read first time
02/07/2007Referred to Committee for Courts of Justice
02/09/2007Assigned Courts sub: Civil Law
02/19/2007Reported from Courts of Justice with substitute (14-Y 6-N) (see vote tally)
02/20/2007Committee substitute printed 077256780-H1
02/20/2007Read second time
02/21/2007 Motion to pass by motion to pass by for the day by Howell, A.T. withdrawn
02/21/2007Committee substitute rejected 077256780-H1
02/21/2007Substitute by Delegate Bell agreed to
02/21/2007Read third time
02/21/2007Motion to pass by motion to pass by for the day by Howell, A.T. withdrawn
02/21/2007Passed by temporarily
02/21/2007No action taken on Committee substitute 077256780-H1
02/21/2007Floor substitute printed 073908232-H2 (Bell)
02/21/2007Substitute by Delegate Bell agreed to 073908232-H2
02/21/2007Passed by for the day
02/22/2007Read third time
02/22/2007Passed by temporarily
02/22/2007 Motion to reconsider passed by temporarily agreed to
02/22/2007Amendment by Delegate Bell agreed to
02/22/2007Engrossed by House - floor substitute with amendment SB1296H2
02/22/2007Passed House with substitute with amendment (85-Y 10-N)
02/22/2007VOTE: PASSAGE (85-Y 10-N) (see vote tally)
02/22/2007House substitute with amendment rejected by Senate (6-Y 23-N 2-A)
02/22/2007VOTE: (6-Y 23-N 2-A) (see vote tally)
02/22/2007House insisted on substitute with amendment
02/22/2007House requested conference committee
02/22/2007Senate acceded to request (34-Y 0-N)
02/22/2007VOTE: (34-Y 0-N) (see vote tally)
02/22/2007Rules Suspended to wave reading of conferees (33-Y 0-N 1-A)
02/22/2007VOTE: (33-Y 0-N 1-A) (see vote tally)
02/22/2007Reconsideration of Rules Suspended agreed to (32-Y 0-N 2-A)
02/22/2007Rules Suspended to wave reading of conferees (32-Y 0-N 2-A)
02/22/2007VOTE: (32-Y 0-N 2-A) (see vote tally)
02/22/2007Conferees appointed by Senate
02/22/2007Senators: Cuccinelli, Newman, Edwards
02/22/2007Conferees appointed by House
02/22/2007Delegates: Bell, Athey, Joannou
02/24/2007Conference substitute printed 072039720-S2
02/24/2007Conference report agreed to by House (84-Y 15-N)
02/24/2007VOTE: ADOPTION (84-Y 15-N) (see vote tally)
02/24/2007Passed by temporarily
02/24/2007Reading of conference report waived
02/24/2007Conference report agreed to by Senate (40-Y 0-N)
02/24/2007VOTE: (40-Y 0-N) (see vote tally)
02/24/2007Reconsideration of conference report agreed to by Senate (37-Y 0-N 2-A)
02/24/2007Conference report agreed to by Senate (37-Y 1-N 2-A)
02/24/2007VOTE: (37-Y 1-N 2-A) (see vote tally)
02/24/2007Unanimous Consent to Reconsider conference report agreed to (37-Y 0-N 2-A)
02/24/2007VOTE: (37-Y 0-N 2-A) (see vote tally)
02/24/2007Conference report agreed to by Senate (36-Y 2-N 2-A)
02/24/2007VOTE: (36-Y 2-N 2-A) (see vote tally)
03/12/2007Bill text as passed Senate and House (SB1296ER)
03/12/2007Signed by President
03/13/2007Signed by Speaker
03/26/2007Governor's recommendation received by Senate
04/03/2007Placed on Calendar
04/04/2007Enacted, Chapter (effective 7/1/07)
04/04/2007Senate concurred in Governor's recommendation (38-Y 0-N 2-A) (see vote tally)
04/04/2007House concurred in Governor's recommendation (97-Y 1-N)
04/04/2007G Governor's recommendation adopted
04/04/2007VOTE: ADOPTION (97-Y 1-N) (see vote tally)
04/04/2007Reenrolled bill text (SB1296ER2)
04/04/2007Signed by President as reenrolled
04/04/2007Signed by Speaker as reenrolled
04/04/2007Enacted, Chapter 926 (effective 7/1/07)
04/11/2007G Acts of Assembly Chapter text (CHAP0926)


Ray hyde writes:

"Except for entities regulated by the State Corporation Commission...."

Is a huge loophole. Those organizations are exempt because they provide significant public benefits. However, there is no public benefit that is so important,so valuable, or so general that those that benefit cannot afford to properly compensate those that are damaged.

We need laws that promote the art of the deal, in which both parties win.

analog man writes:

This bill has nothing to do with "proper compensation." It's a "Kelo-fix," which means it attempts to curtail the taking of property by the government to give to another private party.

The SCC regulates utilities. Only utilities have to get approval from a separate entity (SCC) before exercising eminent domain. Also, they cannot condemn property in order to transfer it to another party -- that's already prohibited by statute.