Permits and approvals, certain; damages for unconstitutional grant or denial by locality. (HB1084)
Introduced By
Del. Rick Morris (R-Carrollton) with support from co-patron Del. Chris Peace (R-Mechanicsville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Damages for unconstitutional grant or denial by locality of certain permits and approvals. Provides that any applicant aggrieved by the grant or denial by a locality of any approval or permit, however described or delineated, where such grant included, or denial was based upon, an unconstitutional condition pursuant to the United States Constitution or Constitution of Virginia, shall be entitled to an award of damages, reasonable attorney fees, and court costs and to an order remanding the matter to the locality with a direction to grant or issue such permits or approvals without such conditions. The bill also provides that once an unconstitutional condition has been proven by the aggrieved applicant to have been a factor in the grant or denial of the approval or permit, the court shall presume, absent clear and convincing evidence to the contrary, that such applicant's acceptance of or refusal to accept the unconstitutional condition was the controlling basis for such impermissible grant or denial. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/09/2014 | Committee |
01/09/2014 | Presented and ordered printed 14103494D |
01/09/2014 | Referred to Committee for Courts of Justice |
01/16/2014 | Assigned Courts sub: Civil Law |
01/17/2014 | Impact statement from DHCD (HB1084) |
01/29/2014 | Subcommittee recommends reporting with amendment(s) (5-Y 4-N) |
02/03/2014 | Committee substitute printed 14104628D-H1 |
02/03/2014 | Reported from Courts of Justice with substitute (19-Y 2-N) (see vote tally) |
02/05/2014 | Read first time |
02/06/2014 | Read second time |
02/06/2014 | Committee substitute agreed to 14104628D-H1 |
02/06/2014 | Engrossed by House - committee substitute HB1084H1 |
02/07/2014 | Read third time and passed House (88-Y 7-N 1-A) |
02/07/2014 | VOTE: PASSAGE (88-Y 7-N 1-A) (see vote tally) |
02/10/2014 | Constitutional reading dispensed |
02/10/2014 | Referred to Committee on Local Government |
02/18/2014 | Reported from Local Government with amendments (13-Y 2-N) |
02/20/2014 | Constitutional reading dispensed (40-Y 0-N) |
02/21/2014 | Read third time |
02/21/2014 | Reading of amendments waived |
02/21/2014 | Committee amendments agreed to |
02/21/2014 | Engrossed by Senate as amended |
02/21/2014 | Passed Senate with amendments (38-Y 2-N) |
02/24/2014 | Placed on Calendar |
02/25/2014 | Senate amendments agreed to by House (95-Y 3-N) |
02/25/2014 | VOTE: ADOPTION (95-Y 3-N) (see vote tally) |
02/27/2014 | Enrolled |
02/27/2014 | Bill text as passed House and Senate (HB1084ER) |
02/27/2014 | Signed by Speaker |
03/01/2014 | Signed by President |
04/06/2014 | G Approved by Governor-Chapter 671 (effective 7/1/14) |
04/06/2014 | G Acts of Assembly Chapter text (CHAP0671) |