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May/June 2007 Eminent Domain in Virginia February 24, 2007: Virginia joined 37 states that have passed protection from the US Supreme Court’s very unpopular Kelo decision, which allowed a city to take well cared for homes and make them available to a private developer to bring in more taxes and jobs. House Bill 2954 In 2006, true bi-partisan heroes emerged in the House of Delegates in the state of Virginia. A Republican bill endorsed by developers was moving quickly through the House when delegate Johnny Joannou (D) reminded his fellow delegates of the importance our Founding Fathers placed on private property and urged them to vote against the Republican bill and support his alternative. He said Virginia had a choice of two clear paths: allow government to use eminent domain to take private property from one person and give it to another, as in Kelo, or restrict the use of eminent domain to traditional uses such as roads, schools, parks, etc. In 2007, the House, led by Delegates Rob Bell and Johnny Joannou, again refused to compromise on this important legislation. But this year, the Senate, which had defeated the constitutional amendment, finally came around (under the leadership of Senators Ken Cuccinelli and Mark Obenshain) and voted for protective legislation. The bill passed both houses. Those who benefit from the Kelo ruling, primarily local governments and developers, will now apply tremendous pressure on Governor Kaine to either veto or severely weaken this legislation by adding language that allows housing authorities to take well cared for, non-blighted property if it is located near blighted property in a redevelopment area. HB2954 protects private property from Kelo in the following ways: 1. It directly addresses the expansion of eminent domain power by requiring that the public interest dominate private gain and that the primary purpose is not for private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment. 2. It prohibits government from taking well cared for, non-blighted property and turning it over to a private developer. 3. It prohibits the taking of well cared for property just because a neighbor’s property is blighted. The property must itself be in a blighted condition before it can be taken. 4. It prohibits government from taking more property than is needed for a legitimate project, such as a road, and then turning it over to a private developer. 5. It allows the property owner to challenge in court whether the taking of their property was for a legitimate public use or for the economic advantage of a private, well-connected individual whom the government favors. 6. It requires the entity condemning, which has surplus property to offer it back to the original owner before selling it to a private developer or using it for other things. Despite what opponents may be saying, this legislation still allows the use of eminent As good as this legislation is, however, a constitutional amendment (which did not pass the Senate this session) is still badly needed because it is the only way to be sure the protections provided by this bill are not weakened when the public turns its attention elsewhere, assuming they are now protected. Because an amendment requires approval of the people, this is the only lasting safeguard from a General Assembly that is far too Standing Ground is published by: Stewards of the
Range, American Land Foundation & Liberty Matters |
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