Constitutional amendment; taking of private property for public uses (first reference). (HJ725)

Introduced By

Del. Rob Bell (R-Charlottesville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate

Description

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 (i) the property is taken for the possession, occupation, and enjoyment by the public or a public entity; (ii) the land is taken for construction, maintenance, and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public entity providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; or (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition or the acquisition is by agreement of all the owners. Property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation. Read the Bill »

Status

02/17/2009: Failed to Pass in Committee

History

DateAction
01/14/2009Committee
01/14/2009Prefiled and ordered printed; offered 01/14/09 090121432
01/14/2009Referred to Committee on Privileges and Elections
01/22/2009Assigned P & E sub: Constitutional
02/02/2009Subcommittee recommends reporting with amendment(s)
02/06/2009Impact statement from VDOT (HJ725)
02/06/2009Reported from Privileges and Elections with substitute (17-Y 4-N) (see vote tally)
02/06/2009Committee substitute printed 095621432-H1
02/08/2009Passed by for the day
02/09/2009Passed by for the day
02/10/2009Taken up
02/10/2009Committee substitute agreed to 095621432-H1
02/10/2009Pending question ordered
02/10/2009Engrossed by House - committee substitute HJ725H1
02/10/2009Agreed to by House (68-Y 31-N)
02/10/2009VOTE: --- ADOPTION (68-Y 31-N) (see vote tally)
02/11/2009Reading waived
02/11/2009Referred to Committee on Privileges and Elections
02/17/2009Passed by indefinitely in Privileges and Elections (9-Y 6-N) (see vote tally)
02/17/2009Passed by indefinitely in Privileges and Elections (10-Y 5-N) (see vote tally)
02/17/2009Passed by indefinitely in Privileges and Elections (8-Y 7-N) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 13 minutes.