Constitutional amendment; taking of private property for public uses (first reference). (HJ515)

Introduced By

Del. Anne Crockett-Stark (R-Wytheville)

Progress

Introduced
Passed Committee
Passed House
Passed Senate

Description

Constitutional amendment (first resolution); taking of private property for public uses.  Limits the exercise of eminent domain to the purpose of public use and specifies that, with the exception of takings for the provision of any utility or common carrier service, property can only be taken or damaged where the primary purpose is not private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment. No more private property may be taken than that which is necessary to achieve the stated public use. Whenever an attempt is made to take or damage property for a stated public use, the owner shall have the right to a judicial determination that the use is truly public, without regard to any legislative assertion that the use is public.

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Status

02/04/2011: Merged into HB1820

History

DateAction
11/22/2010Committee
11/22/2010Prefiled and ordered printed; offered 01/12/11 11100269D
11/22/2010Referred to Committee on Privileges and Elections
01/13/2011Assigned P & E sub: #1 Constitutional
01/17/2011Subcommittee recommends incorporating (HJ647-Bell, Robert B.)
02/04/2011Incorporated by Privileges and Elections (HJ693-Joannou)