February 23, 2007

---

Senate defeats eminent domain constitutional amendment

Conference committee to resolve 3 other eminent domain bills; contact senators, delegates now!

The constitutional amendment to restrict eminent domain failed in the Senate Thursday evening 16-21. HJ 723 (Bell) would have amended the constitution by placing severe restrictions on eminent domain authority.

The vote took place not long after the Senate had approved HB 2954 (Bell), the major eminent domain bill that redefines the term "public use" and addresses the Kelo decision of the U.S. Supreme Court. Most senators agreed that a constitutional amendment was not needed in light of the strict statutory language in HB 2954.

The surviving eminent domain bills -- HB 2954 (Bell), SB 781 (Cuccenelli) and SB 1296 (Newman), have all been referred to a conference committee to address the minor differences between the House and Senate versions. The conferees on HB 2954 are Sens. Obenshain, Newman and Edwards, and Dels. Athey, Bell and Joannou. The conferees on SB 1296 and SB 781 are Sens. Cuccenelli, Newman and Edwards and Dels. Athey, Bell and Joannou.

All three bills are identical, except for two provisions.

• HB 2954 was amended by the Senate to allow housing and redevelopment authorities to take non-blighted property in a redevelopment area if the area is at least 85 percent blighted. The blight definition is so restrictive that the provision has limited usefulness. The House refused to accept that amendment. This issue will be worked out by the conferees and the bills will be presented to the full House and Senate for approval of the conference report.
  
• HB 2954 allows condemnation in redevelopment projects that were filed prior to Jan. 1, 2007, if the petition to condemn is filed before July 1, 2009.
  

Please contact your delegates and senators to urge support for preserving the authority for the housing authorities, to support the two provisions in HB 2954 set out above and to ask them to vote against the bills when they are presented on the floor for a vote.

Please remind them that the bills will put an end to development projects that today create new neighborhoods in place of old, decaying blighted areas.

If you have comments or questions contact Randy Cook at (804) 746-3773.

^ Top | Index