Eminent domain; calculation of lost profits, amends definitions. (SB809)

Introduced By

Sen. Chap Petersen (D-Fairfax) with support from co-patron Sen. Amanda Chase (R-Midlothian)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Eminent domain; calculation of lost profits. Amends, in the definitions of "lost profits" and "business profit" for the purposes of eminent domain, the period for which lost profits are calculated to a period not to exceed three years from the later of (i) the date of valuation or (ii) the date the state agency or its contractor prevents the owner from using the land or any of the owner's other property rights are taken. Under current law, lost profits are calculated for a period not to exceed (a) three years from the date of valuation if less than the entire parcel of property is taken or (b) one year from the date of valuation if the entire parcel of property is taken. The bill specifies that the person claiming lost profits is entitled to compensation whether part of the property or the entire parcel of property is taken. The bill further specifies that if the owner is not named in the petition for condemnation, he may intervene in the proceeding and that proceedings to adjudicate lost profits may be bifurcated from the other proceedings to determine just compensation if the lost profits claim period will not expire until one year or later from the date of the filing of the petition for condemnation, but such bifurcation shall not prevent the entry of an order confirming indefeasible title to the land interests acquired by the condemning authority. This bill incorporates SB 911. Read the Bill »


Bill Has Passed


01/11/2018Presented and ordered printed 18104879D
01/11/2018Referred to Committee for Courts of Justice
01/29/2018Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
01/29/2018Committee substitute printed 18106228D-S1
01/29/2018Incorporates SB911 (Chase)
01/29/2018Rereferred to Finance
02/06/2018Reported from Finance (14-Y 2-N) (see vote tally)
02/07/2018Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/08/2018Read second time
02/08/2018Reading of substitute waived
02/08/2018Committee substitute agreed to 18106228D-S1
02/08/2018Engrossed by Senate - committee substitute SB809S1
02/09/2018Read third time and passed Senate (39-Y 0-N) (see vote tally)
02/14/2018Placed on Calendar
02/14/2018Read first time
02/14/2018Referred to Committee for Courts of Justice
02/15/2018Assigned Courts sub: Subcommittee #2
02/19/2018Subcommittee recommends reporting (8-Y 0-N)
02/23/2018Reported from Courts of Justice (18-Y 0-N) (see vote tally)
02/27/2018Read second time
02/28/2018Read third time
02/28/2018Passed House BLOCK VOTE (98-Y 0-N)
02/28/2018VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
03/05/2018Bill text as passed Senate and House (SB809ER)
03/05/2018Signed by Speaker
03/08/2018Signed by President
03/14/2018Enrolled Bill Communicated to Governor on March 14, 2018
03/14/2018G Governor's Action Deadline Midnight, April 9, 2018
03/28/2018Impact statement from DPB (SB809ER)
03/30/2018G Approved by Governor-Chapter 702 (effective 7/1/18)
03/30/2018G Acts of Assembly Chapter text (CHAP0702)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 1 minute.