February 15, 2007

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Complaint against senators harms prospects for favorable eminent domain legislation

Contact Senate Courts of Justice Committee members

The filing of an ethics complaint against two senators involved in the negotiations over eminent domain legislation will hurt the chances of local governments prevailing on this important issue.

A Roanoke attorney filed ethics complaints late last week against Sen. Thomas K. Norment Jr. of James City County and Sen. Ken Stolle of Virginia Beach alleging that they have an inherent conflict of interest in the debate over eminent domain reform. Both men denied the allegation, but have removed themselves from the discussions on this issue for the rest of the session.

The development is a serious problem for local governments, which were relying on these two senators, among others, to help craft a reasoned and acceptable legislative response in Virginia to the 2005 U.S. Supreme Court decision in Kelo v. City of New London. The use of eminent domain -- the taking of private land by the government -- erupted as an issue across the nation following the high court's ruling. The Virginia Housing Commission recommended a consensus bill, designed to preserve eminent domain authority, to the 2006 General Assembly. That bill failed on the final day of the regular session and sentiment against the use of eminent domain remains strong.

The Senate Courts of Justice Committee is scheduled to hear HB 2954 (Bell) and HJ 723 (Bell) on Monday, Feb. 19. Local governments and a host of other statewide organizations have opposed these measures since they were first introduced. It is hoped that the committee will conform HB 2954 to SB 1296 (Norment), which contains language generally acceptable to local governments. HJ 723, which proposes a constitutional amendment, contains very restrictive, inappropriate and unacceptable language. It has been the steadfast position of local governments that a constitutional amendment is simply not necessary.

Please contact your senators on the Senate Courts of Justice Committee and urge them to reject the overly restrictive provisions in both of these measures. It is our goal to have all eminent domain measures sent to a Committee of Conference where more appropriate language could be crafted.

The House also has amended SB 781 (Cuccinelli) by adding the unacceptable provisions of HJ 723 (Bell) to the bill. It is expected that this bill will return to the floor of the Senate on Feb. 19. It is imperative that the Senate reject the House amendments and send the bill to a Committee of Conference. Any hope for an acceptable bill now rests in the hands of the Senate. List of all Senators.

Roanoke attorney G. David Nixon, who was described in newspaper accounts as a conservative Republican activist, submitted the complaints against Norment and Stolle. The complaints against the two senators, both of whom work for the law firm of Kaufman and Canoles, were broad in nature. According to an account in the Daily Press of Newport News, Nixon said the firm represents clients that have a stake in thwarting eminent domain reform, such as government bodies and utilities. He accused Stolle and Norment of using their legislative positions to that end, according to the newspaper.

If you have comments on these bills, or on any other legislation that addresses eminent domain, contact Randy Cook at 804/746-3773.

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