Emminent Domain
| Bills | Committee | Last action | Date |
| HB 5 - Bell, Robert B. - Constitutional amendment; taking or damaging of private property for public use (voter referendum). | (H) Committee on Privileges and Elections (S) Committee on Privileges and Elections | (G) Acts of Assembly Chapter text (CHAP0684) | 04/09/12 |
| notes:
SUMMARY AS PASSED HOUSE: Constitutional amendment (voter referendum); taking or damaging of private property; public use. Provides for a referendum at the November 6, 2012, election to approve or reject an amendment that revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged without just compensation. The bill is identical to SB 240. |
|||
| HB 975 - Bell, Robert B. - Governmental utility corporation; acting as public service corporation or public service company. | (H) Committee for Courts of Justice (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0626) | 04/05/12 |
| notes:
SUMMARY AS PASSED HOUSE: Public service corporations and companies; governmental utility corporation. Clarifies that a government utility corporation (a county or municipality, or entity or agency thereof, that provides or operates specified authorized utility services) shall be considered to be acting as a public service corporation or public service company with regard to the provision of such authorized utility services for the purposes of any taking of private property by eminent domain in accordance with the Constitution of Virginia. |
|||
| HB 1035 - Joannou - Eminent domain; definitions of lost access and lost profits, determining compensation. | (H) Committee on Appropriations (S) Committee for Courts of Justice | (G) Acts of Assembly Chapter text (CHAP0699) | 04/09/12 |
| notes:
SUMMARY AS PASSED HOUSE: Eminent domain; lost profits and access. Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the 2012 November election. This bill incorporates HB 597. |
|||
| HJ 3 - Bell, Robert B. - Constitutional amendment; taking or damaging of private property for public use (second reference). | (H) Committee on Privileges and Elections (S) Committee on Privileges and Elections | (G) Acts of Assembly Chapter text (CHAP0736) | 04/10/12 |
| notes:
SUMMARY AS INTRODUCED: 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. |
|||
| SB 240 - Obenshain - Constitutional amendment; taking or damaging of private property for public use (voter referendum). | (H) Committee on Privileges and Elections (S) Committee on Privileges and Elections | (G) Acts of Assembly Chapter text (CHAP0564) | 04/04/12 |
| notes:
SUMMARY AS PASSED SENATE: Constitutional amendment (voter referendum); taking or damaging of private property; public use. Provides for a referendum at the November 6, 2012, election to approve or reject an amendment that revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged without just compensation. The bill is identical to HB 5. |
|||
| SJ 3 - Obenshain - Constitutional amendment; taking or damaging of private property for public use (second reference). | (H) Committee on Privileges and Elections (S) Committee on Privileges and Elections | (G) Acts of Assembly Chapter text (CHAP0738) | 04/10/12 |
| notes:
SUMMARY AS 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. The Resolution incorporates SJR 67 and SJR 117. |
|||
| SJ 67 - McDougle - Constitutional amendment; taking or damaging of private property for public use (second reference). | (S) Committee on Privileges and Elections | (S) Incorporated by Privileges and Elections (SJ3-Obenshain) (15-Y 0-N) | 01/31/12 |
| notes:
SUMMARY AS INTRODUCED: 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. The Resolution was incorporated into SJR 3. |
|||
Giesen Perspective View the Giesen Perspective with links to previous editions. Latest: March 27, 2012
Legislative Links
Our Mission:
Through an understanding of our clients' needs and the environment of their business, provide high quality, high value support and assistance that enhances their success.