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2006 SESSION

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067954105
HOUSE BILL NO. 1278 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend and reenact §§ 15.2-1900 and 15.2-1901 of the Code of Virginia, relating to eminent domain; definition of public uses. ----------
Patrons-- Iaquinto, Athey, Callahan, Cosgrove, Dudley, Gilbert, Jones, S.C., Kilgore, Landes, Lingamfelter, Morgan, O'Bannon, Peace, Rapp, Sherwood, Welch, Wittman and Wright
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That §§ 15.2-1900 and 15.2-1901 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-1900. Definition of public uses.

The term "public uses" mentioned in Article I, Section 11 of the Constitution of Virginia is hereby defined to embrace all uses which that are necessary for public purposes; however, public uses shall not include the taking of private property for the primary purpose of tax revenue enhancement.

§ 15.2-1901. Condemnation authority.

A. In addition to the authority granted to localities pursuant to any applicable charter provision or other provision of law, whenever a locality is authorized to acquire real or personal property or property interests for a public use as defined in § 15.2-1900, it may do so by exercise of the power of eminent domain, except as provided in subsection B.

B. A locality may acquire property or property interests outside its boundaries by exercise of the power of eminent domain only if such authority is expressly conferred by general law or special act. However, cities and towns shall have the right to acquire property outside their boundaries for the purposes set forth in § 15.2-2109 by exercise of the power of eminent domain. The exercise of such condemnation authority by a city or town shall not be construed to exempt the municipality from the provisions of subsection F of § 56-580.