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)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 »


Bill Has Passed


01/09/2014Presented and ordered printed 14103494D
01/09/2014Referred to Committee for Courts of Justice
01/16/2014Assigned Courts sub: Civil Law
01/17/2014Impact statement from DHCD (HB1084)
01/29/2014Subcommittee recommends reporting with amendment(s) (5-Y 4-N)
02/03/2014Committee substitute printed 14104628D-H1
02/03/2014Reported from Courts of Justice with substitute (19-Y 2-N) (see vote tally)
02/05/2014Read first time
02/06/2014Read second time
02/06/2014Committee substitute agreed to 14104628D-H1
02/06/2014Engrossed by House - committee substitute HB1084H1
02/07/2014Read third time and passed House (88-Y 7-N 1-A)
02/07/2014VOTE: PASSAGE (88-Y 7-N 1-A) (see vote tally)
02/10/2014Constitutional reading dispensed
02/10/2014Referred to Committee on Local Government
02/18/2014Reported from Local Government with amendments (13-Y 2-N)
02/20/2014Constitutional reading dispensed (40-Y 0-N)
02/21/2014Read third time
02/21/2014Reading of amendments waived
02/21/2014Committee amendments agreed to
02/21/2014Engrossed by Senate as amended
02/21/2014Passed Senate with amendments (38-Y 2-N)
02/24/2014Placed on Calendar
02/25/2014Senate amendments agreed to by House (95-Y 3-N)
02/25/2014VOTE: ADOPTION (95-Y 3-N) (see vote tally)
02/27/2014Bill text as passed House and Senate (HB1084ER)
02/27/2014Signed by Speaker
03/01/2014Signed by President
04/06/2014G Approved by Governor-Chapter 671 (effective 7/1/14)
04/06/2014G Acts of Assembly Chapter text (CHAP0671)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 4 minutes.