Governor's amendments improve eminent domain bill slightly

Amendments proposed by Gov. Tim Kaine to the eminent domain legislation passed by the 2007 General Assembly do little to remedy the effects of the bills on local government redevelopment efforts.

The use of eminent domain -- the taking of private land by the government -- erupted as an issue across the nation two years ago following a U.S. Supreme Court opinion in Kelo v. City of New London.

The governor offered identical amendments to three identical bills: HB 2954 (Bell), SB 781 (Cuccinelli) and SB 1296 (Norment).

The governor's amendments, all of which are minor, are intended to reduce the significant limitations the bills place on local governments to deal with blight.

The amendments are as follows:

• In a redevelopment or conservation area, if the acquisition is agreed to by all owners of the property, eminent domain may be used. This helps in cases where the owner is willing to sell, but for tax purposes, asks to have the property condemned.
  
• The definition of blighted property is slightly improved. The amendments provide that land is blighted if it endangers health or safety (prior version required endangering health and safety).
  
• Provides that the blighted land must either constitute a public nuisance (prior versions required it to be vacant and constitute a nuisance) or if a building is on it that it be unfit for occupancy or use. The prior version used the term “habitation” instead of occupancy.
  

VML expects that local governments will need to develop information over the next few years to demonstrate why the new language, even with the governor’s amendments, are harmful to the efforts of cities, towns and counties to improve neighborhoods through redevelopment.

The General Assembly will reconvene April 4 to act on all of the governor’s vetoes and amendments. VML members should encourage their delegation to support the amendments.

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