February 2, 2007

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Call delegates to oppose eminent domain constitutional amendment, bill

A constitutional amendment making sweeping changes to eminent domain will likely be considered by the full House of Delegates on Monday, Feb. 5. The House Privileges & Elections Committee reported HJR 723 today without receiving any testimony, despite strenuous opposition from local governments and several statewide organizations. The amendment was introduced by Del. Robert Bell of Albemarle.

Call your House member now or before early Monday morning, Feb. 5, to request that your delegate vote against HJR 723.

Here are some talking points:

* The broad language set forth in HJR 723 unreasonably restricts local government authority to exercise the power of eminent domain.

* The language contains ambiguous and undefined terms that are certain to lead to more expensive lawsuits.

* The amendment, which is contained in the Bill of Rights, is unnecessarily detailed and specific, and would be more appropriately placed in statutes instead of in the Constitution.

* The passage of a constitutional amendment on eminent domain is premature. The General Assembly is in the midst of grappling with writing detailed statutory language that changes substantially the current Code of Virginia provisions on eminent domain.

* A constitutional amendment is not needed to address the Kelo v City of New London decision of the U.S. Supreme Court two years ago.

It is also likely that the House Committee for Courts of Justice will report legislation relating to eminent domain to the floor of the House. HB 2954, also introduced by Bell, puts in place significant statutory restrictions on the use of eminent domain authority and goes well beyond what is needed to address the alleged problems with the Kelo decision.

You should also ask your delegate to oppose HB 2954. Local governments and others provided considerable testimony to the Courts subcommittee in opposition to the bill, and pointed out undisputable legal and policy defects in the bill. Nonetheless, the subcommittee voted unanimously to report the bill to the full Courts Committee.

It appears likely HJR 723 and HB 2954 will pass the House, but calls MUST be made in opposition to these measures. In addition, local governments need to be prepared to work on the issue in the Senate. If you have any comments on any legislation which addresses eminent domain or which will be considered in the House Courts Comittee or Senate Courts Committees, contact Randy Cook at (804) 746-3773.

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