Constitutional amendment; taking or damaging of private property for public use (first reference). (HJ693)

Introduced By

Del. Johnny Joannou (D-Portsmouth)


Passed Committee
Passed House
Passed Senate


Constitutional amendment (first resolution); taking or damaging of private property; public use.  Expands the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The measure (i) states that the right to private property is fundamental; (ii) clarifies that the damaging or taking of private property is prohibited except for public use, and only upon the payment of just compensation to the owner; (iii) requires that the owner receive just compensation for the property taken or damaged and for damages to the residue; (iv) states that just compensation is no less than the value of the property taken or damaged, business goodwill, relocation expenses, loss of access and other economic loss proximately caused by the taking or damaging; (v) prohibits the taking of more property than is necessary to achieve the stated public use; (vi) provides that a taking of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the authorized provision of a public utility, public service corporation, or railroad service or for the elimination of a public nuisance existing on the property; and (vii) requires the condemnor to bear the burden of proving that the use is public. Read the Bill »


03/04/2011: Passed the General Assembly


01/17/2011Presented and ordered printed 11103856D
01/17/2011Referred to Committee on Privileges and Elections
02/04/2011Reported from Privileges and Elections with substitute (17-Y 2-N) (see vote tally)
02/04/2011Committee substitute printed 11105102D-H1
02/04/2011Incorporates HJ647
02/04/2011Incorporates HJ515
02/04/2011Incorporates HJ498
02/07/2011Passed by for the day
02/08/2011Taken up
02/08/2011Committee substitute agreed to 11105102D-H1
02/08/2011Engrossed by House - committee substitute HJ693H1
02/08/2011Agreed to by House (81-Y 18-N)
02/08/2011VOTE: ADOPTION (81-Y 18-N) (see vote tally)
02/09/2011Reading waived
02/09/2011Referred to Committee on Privileges and Elections
02/15/2011Reported from Privileges and Elections with substitute (8-Y 7-N) (see vote tally)
02/15/2011Committee substitute printed 11105382D-S1
02/17/2011Reading waived (39-Y 0-N) (see vote tally)
02/18/2011Read third time
02/18/2011Passed by for the day
02/21/2011Read third time
02/21/2011Passed by for the day
02/22/2011Amendments Set #4 by Senator Watkins agreed to
02/22/2011Read third time
02/22/2011Reading of substitute waived
02/22/2011Committee substitute agreed to 11105382D-S1
02/22/2011Amendment #1 by Senator Watkins withdrawn
02/22/2011Amendments #1, #2 and #3 by Senator Newman withdrawn
02/22/2011Reading of amendments waived
02/22/2011Amendments #2 and #3 by Senator Watkins agreed to
02/22/2011Engrossed by Senate - committee substitute with amendments HJ693S1
02/22/2011Agreed to by Senate with substitute with amendments (31-Y 8-N) (see vote tally)
02/22/2011Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/22/2011Agreed to by Senate with substitute with amendments (35-Y 5-N) (see vote tally)
02/22/2011Placed on Calendar
02/23/2011Senate substitute with amendments agreed to by House 11105382D-S1 (83-Y 15-N)
02/23/2011VOTE: ADOPTION (83-Y 15-N) (see vote tally)
03/03/2011Bill text as passed House and Senate (HJ693ER)
03/03/2011Signed by Speaker
03/04/2011Signed by President
03/28/2011G Acts of Assembly Chapter text (CHAP0757)
03/31/2011Assigned Chapter 757 (effective 7/1/11 - see bill)
03/31/2011Assigned Chapter 757 (effective - see bill)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 11 minutes.

Duplicate Bills

The following bills are identical to this one: HJ647.