Constitutional amendment; taking or damaging of private property for public use (second reference). (SJ3)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from 13 copatrons, whose average partisan position is:

Those copatrons are Del. Mark Cole (R-Fredericksburg), Sen. Dick Black (R-Leesburg), Sen. Bill Carrico (R-Grayson), Sen. Creigh Deeds (D-Bath), Sen. Tom Garrett (R-Lynchburg), Sen. Ryan McDougle (R-Mechanicsville), Sen. Jeff McWaters (R-Virginia Beach), Sen. Steve Newman (R-Forest), Sen. Bryce Reeves (R-Spotsylvania), Sen. Frank Ruff (R-Clarksville), Sen. Ralph Smith (R-Roanoke), Sen. Bill Stanley (R-Moneta), Sen. Richard Stuart (R-Westmoreland)

Description

Constitutional amendment (second resolution); taking or damaging of private property; public use.  Revises 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 proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging 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 elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.

Status

03/17/2012: Passed the General Assembly

History