AMENDMENT(S) PROPOSED BY THE HOUSE

DEL. JOANNOU

1. Line 14, substitute

strike

all of lines 14 through 58

insert

The right to private property being a fundamental right, the term “public uses” mentioned in Article I, Section 11 of the Constitution of Virginia is hereby defined in all instances to embrace only the ownership, possession, occupation, and enjoyment of land by the public or by public agencies, the use of land for the creation or functioning of any public service corporation or public service company, including but not limited to railroad companies, which has been granted or delegated the power of eminent domain, or the use of land for any entity that owns, operates, or maintains a road that is open to and services the public generally.  In determining whether a use constitutes a public use, public benefits or potential public benefits including economic development or private development, an increase in the tax base, tax revenues, employment or general economic health and welfare shall not be considered.  Any taking of private property must be necessary to achieve the public use, and the public interest must dominate the private gain.  Except as stated herein, the taking of private property for the primary purpose of transferring or leasing to private parties shall not constitute a public use.  Any taking under the pretext of an alleged public use shall be impermissible when the primary purpose is to bestow a private benefit.

The property owner whose property is subject to taking shall have the right to rebut the presumption that the taking is for a public use or is necessary for the public use or is necessary for the public use by a preponderance of the evidence.

Nothing contained herein shall be construed as granting or delegating the power of eminent domain not conferred independently of this section.