Public use; determining whether locality is authorized to acquire property. (HB387)

Introduced By

Del. David Bulova (D-Fairfax)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Purchase of property by locality. Expands the definition of "public use" for purposes of determining whether a locality is authorized to acquire property. Read the Bill »


Bill Has Failed


01/04/2008Prefiled and ordered printed; offered 01/09/08 082022444
01/04/2008Referred to Committee on Rules
02/12/2008Left in Rules


Terry Bartholomew writes:

". . . or any other use as reasonably determined by the locality to be in the public interest."

You have got to be kidding! When has any locality (read local bunch of thugs as opposed to higher level thugs) ever been "reasonable" when it comes to taking someone's property? Can you say: "Kilo v. City of New London?"

Government bureaucrats at all levels believe all property is rightfully theirs so why bother to codify this. Hasn't the Supreme Court already declared open season on private property?

David Bulova writes:

Terry, I appreciate your comment and concern. However, this bill addresses only when a locality can purchase property from a willing seller and does nothing to impact eminent domain. I absolutely supported the measure last year to tighten when a locality can take property by eminent domain. This bill fixes a problem created by the fact that the definition of public use for purchasing property was linked to the definition that was changed for eminent domain.

Geoff writes:

Why would a locality need to acquire property for reasons outside of 1-219.1?