Eminent domain; various changes to the laws pertaining to condemnation procedures. (SB694)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Eminent domain. Makes various changes to the laws pertaining to condemnation procedures, including (i) providing that localities shall not condition or delay the timely advancement or approval of any application for or grant of any permit or other approval for real property for the purpose of allowing the condemnation or acquisition of the property; (ii) redefining "lost access" for the purposes of determining just compensation (iii) requiring a condemnor to provide the property owner with a copy of its title report and all recorded instruments found in the title examination; (iv) requiring the clerk of the court, when funds are paid into the court during a condemnation proceeding, to deposit such funds into an interest-bearing account; (v) requiring the court to order the condemnor to reimburse the property owner for the reasonable costs and fees, not to exceed $7,500, for a survey (under current law, this amount is capped at $1,000); (vi) requiring temporary construction easements to have an expiration date included in the recorded certificate and requiring condemnors to record a certificate of completion within 90 days upon completion of construction of any public use project for which a portion of private property was taken; (vii) requiring that a condemnor that has been sued for just compensation pursuant to a "quick-take" condemnation procedure to reimburse the property owner for his fees and costs incurred in filing the petition; and (viii) permitting the owner of property that the Commissioner of Highways has taken to petition the circuit court for the appointment of commissioners or the empanelment of a jury to determine just compensation under certain circumstances and requiring the Commissioner of Highways to reimburse the owner for his fees and costs incurred in filing the petition. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/20/2022Presented and ordered printed 22104443D
01/20/2022Referred to Committee on the Judiciary
01/27/2022Assigned Judiciary sub: Civil Law
02/02/2022Senate committee, floor amendments and substitutes offered
02/02/2022Reported from Judiciary with substitute (15-Y 0-N) (see vote tally)
02/02/2022Committee substitute printed 22105602D-S1
02/04/2022Constitutional reading dispensed (35-Y 0-N) (see vote tally)
02/07/2022Read second time
02/07/2022Reading of substitute waived
02/07/2022Committee substitute agreed to 22105602D-S1
02/07/2022Engrossed by Senate - committee substitute SB694S1
02/08/2022Passed by for the day
02/09/2022Read third time and passed Senate (37-Y 0-N 1-A) (see vote tally)
02/09/2022Reconsideration of passage agreed to by Senate (37-Y 0-N) (see vote tally)
02/09/2022Passed Senate (38-Y 0-N) (see vote tally)
02/23/2022Placed on Calendar
02/23/2022Read first time
02/23/2022Referred to Committee for Courts of Justice
02/25/2022Assigned Courts sub: Subcommittee #2
02/28/2022House subcommittee amendments and substitutes offered
02/28/2022Subcommittee recommends reporting with substitute (4-Y 3-N)
03/01/2022Impact statement from DPB (SB694S1)
03/02/2022Reported from Courts of Justice with substitute (11-Y 9-N) (see vote tally)
03/02/2022Committee substitute printed 22106877D-H1
03/04/2022Read second time
03/07/2022Read third time
03/07/2022Committee substitute agreed to 22106877D-H1
03/07/2022Engrossed by House - committee substitute SB694H1
03/07/2022Passed House with substitute (52-Y 46-N)
03/07/2022VOTE: Passage (52-Y 46-N) (see vote tally)
03/07/2022Impact statement from DPB (SB694H1)
03/08/2022House substitute rejected by Senate (18-Y 20-N) (see vote tally)
03/09/2022House insisted on substitute
03/09/2022House requested conference committee
03/10/2022Senate acceded to request (40-Y 0-N) (see vote tally)
03/10/2022Conferees appointed by Senate
03/10/2022Senators: Obenshain, Petersen, McClellan
03/10/2022Conferees appointed by House
03/10/2022Delegates: Bell, Coyner, Clarke
03/11/2022C Amended by conference committee
03/11/2022Conference substitute printed 22107846D-S2
03/11/2022Conference report agreed to by Senate (32-Y 8-N) (see vote tally)
03/11/2022Conference report agreed to by House (63-Y 34-N)
03/11/2022VOTE: Adoption (63-Y 34-N) (see vote tally)
03/21/2022Enrolled
03/21/2022Bill text as passed Senate and House (SB694ER)
03/21/2022Signed by President
03/22/2022Signed by Speaker
03/22/2022Enrolled Bill Communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
03/24/2022Impact statement from DPB (SB694ER)
04/11/2022Governor's recommendation received by Senate
04/22/2022VOTE: Adoption (57-Y 41-N) (see vote tally)
04/27/2022Senate concurred in Governor's recommendation (40-Y 0-N) (see vote tally)
04/27/2022House concurred in Governor's recommendation (57-Y 41-N)
04/27/2022G Governor's recommendation adopted
04/27/2022Reenrolled
04/27/2022Reenrolled bill text (SB694ER2)
04/27/2022Signed by President as reenrolled
04/27/2022Signed by Speaker as reenrolled
04/27/2022Enacted, Chapter 735 (effective 7/1/22)
04/27/2022G Acts of Assembly Chapter text (CHAP0735)

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