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), Del. Tom Garrett (R-Louisa), Sen. Dick Black (R-Leesburg), Sen. Bill Carrico (R-Grayson), Sen. Creigh Deeds (D-Charlottesville), 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)


Passed Committee
Passed House
Passed Senate


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.


03/17/2012: Passed the General Assembly


11/21/2011Prefiled and ordered printed; offered 01/11/12 12100006D
11/21/2011Referred to Committee on Privileges and Elections
01/31/2012Reported from Privileges and Elections with substitute (13-Y 2-N) (see vote tally)
01/31/2012Committee substitute printed 12104981D-S1
02/01/2012Incorporates SJ67
02/01/2012Incorporates SJ117
02/02/2012Read first time
02/03/2012Read second time
02/03/2012Passed by for the day
02/06/2012Read second time
02/06/2012Passed by for the day
02/07/2012Passed by for the day
02/08/2012Impact statement from DPB (SJ3)
02/08/2012Passed by for the day
02/09/2012Passed by for the day
02/10/2012Read second time
02/10/2012Reading of substitute waived
02/10/2012Committee substitute agreed to 12104981D-S1
02/10/2012Engrossed by Senate - committee substitute SJ3S1
02/13/2012Read third time and agreed to by Senate (23-Y 16-N) (see vote tally)
02/13/2012Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/13/2012Agreed to by Senate (23-Y 17-N) (see vote tally)
02/15/2012Placed on Calendar
02/15/2012Read first time
02/15/2012Referred to Committee on Privileges and Elections
02/16/2012Assigned P & E sub: Constitutional Amendments Subcommittee
02/27/2012Subcommittee recommends reporting (6-Y 0-N)
03/02/2012Reported from Privileges and Elections (20-Y 2-N) (see vote tally)
03/06/2012Taken up
03/06/2012Agreed to by House (83-Y 17-N)
03/06/2012VOTE: ADOPTION (83-Y 17-N) (see vote tally)
03/15/2012Bill text as passed Senate and House (SJ3ER)
03/15/2012Signed by Speaker
03/17/2012Signed by President
04/09/2012Assigned Chapter 738 (effective - see bill)
04/10/2012G Acts of Assembly Chapter text (CHAP0738)

Duplicate Bills

The following bills are identical to this one: HJ3, SJ67 and SJ117.