Development rights; makes extensive changes to provisions for making transfer process more usable. (HB2055)

Introduced By

Del. Matt Lohr (R-Harrisonburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Transfer of development rights. Makes extensive changes to provisions initially passed in 2006 for the purpose of making the transfer of development rights process more useable for property owners and localities. The amendments make clear that development rights may be severed but not immediately affixed to a receiving property. Other changes state that a locality may provide in its ordinance for (i) the owner of such development rights to make application to the locality for a real estate tax abatement for a period up to 25 years, to compensate the owner of such development rights for the fair market value of all or part of the development rights, (ii) the owner of a property to request designation by the locality of the owners property as a "sending property" or a "receiving property," and (iii) the receiving areas to include such urban development areas in the locality established. Also, any proposed severance or transfer of development rights shall only be initiated upon application by the property owners of the sending properties, development rights, or receiving properties, and a locality may not require property owners to sever or transfer development rights as a condition of the development of any property. This is a recommendation of the Joint Subcommittee Studying Transfer of Development Rights. Read the Bill »


Bill Has Passed


01/13/2009Prefiled and ordered printed; offered 01/14/09 092003604
01/13/2009Referred to Committee on Counties, Cities and Towns
01/23/2009Assigned CC & T sub: 2
01/29/2009Subcommittee recommends reporting with amendment(s)
01/30/2009Reported from Counties, Cities and Towns with substitute (21-Y 0-N) (see vote tally)
01/30/2009Committee substitute printed 092069604-H1
02/02/2009Read first time
02/03/2009Read second time
02/03/2009Committee substitute agreed to 092069604-H1
02/03/2009Engrossed by House - committee substitute HB2055H1
02/04/2009Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/04/2009VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/05/2009Constitutional reading dispensed
02/05/2009Referred to Committee on Local Government
02/17/2009Reported from Local Government (15-Y 0-N) (see vote tally)
02/19/2009Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/20/2009Read third time
02/20/2009Passed Senate (40-Y 0-N) (see vote tally)
02/20/2009Reconsideration of Senate passage agreed to by Senate (37-Y 3-N) (see vote tally)
02/20/2009Passed by for the day
02/23/2009Read third time
02/23/2009Passed Senate (40-Y 0-N) (see vote tally)
02/28/2009Bill text as passed House and Senate (HB2055ER)
02/28/2009Signed by Speaker
02/28/2009Signed by President
03/27/2009G Approved by Governor-Chapter 413 (effective 7/1/09)
03/27/2009G Acts of Assembly Chapter text (CHAP0413)