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2006 SESSION

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Senate Committee on Courts of Justice
Subcommittee #1

Norment (Chairman), Quayle, Edwards, Cuccinelli

Clerk: Larry M. Girvin
Staff: J. French, M. Felch, K. Shuey
Date of Meeting: February 6, 2006
Time and Place: Monday, 8:00 AM, Senate Room A, GAB

S.B. 131

Patron: O'Brien

Eminent domain; economic development.  Provides that in any instance in which a substantial purpose of a condemnation is economic development, a locality must demonstrate that the condemnation is related to the redevelopment of an area that is at least two-thirds blighted.

A BILL to amend and reenact § 15.2-1900 of the Code of Virginia, relating to eminent domain.

066051784

S.B. 294

Patron: Cuccinelli

Powers of regional and consolidated housing authorities.  Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.

A BILL to amend and reenact § 36-46 of the Code of Virginia, relating to regional and consolidated housing authorities; eminent domain.

067508720

S.B. 336

Patron: Obenshain

Local condemnation authority; definition of public uses. Amends the definition of "public uses" for which localities may exercise the power of eminent domain such that public use shall not include any condemnation of property by a locality that (i) is made with the intent of making the property available for ownership or use by a private entity unless any benefits that will accrue to the private entity as a result of its ownership or use of the property are merely incidental when compared to the benefits that will accrue to the public or (ii) is otherwise predominantly for a private purpose.

A BILL to amend and reenact §§ 15.2-1900 and 15.2-1901 of the Code of Virginia, relating to local condemnation authority; definition of public use.

060822782

S.B. 356

Patron: Cuccinelli

Powers of regional and consolidated housing authorities.  Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.

A BILL to amend and reenact § 36-46 of the Code of Virginia, relating to regional and consolidated housing authorities; eminent domain.

069814720

S.B. 394

Patron: Stolle

Eminent Domain; public use. Provides that the acquisition of private property or any interest therein for the primary purpose of economic revitalization or economic development shall not be in furtherance of "public uses," as mentioned in Article I, Section 11 of the Constitution of Virginia.

A BILL to amend the Code of Virginia by adding a section numbered 1-237.1, relating to the definition of public uses.

062826820

S.B. 631

Patron: Cuccinelli

Condemnation; "public use" defined.  Defines "public uses," as mentioned Article I, Section 11 of the Constitution of Virginia, as the possession, occupation, and enjoyment of land by the general public or by public agencies, or the use of land for the creation or functioning of public utilities. In addition, the bill provides that public benefits or potential public benefits, including economic or private development, or an increase in the tax base, tax revenues, employment, or general economic health, do not constitute a public use. Furthermore, the proposed amendment makes it a judicial question whether private property is being condemned for a permissible public use.

A BILL to amend and reenact § 15.2-1900 of the Code of Virginia, relating to definition of "public use."

067524720

S.B. 719

Patron: Howell

Approval of route of petroleum products pipelines.  Prohibits any public service corporation from acquiring property for a petroleum products pipeline unless the State Corporation Commission has approved the pipeline's route. The measure establishes procedural requirements and criteria for the Commission's consideration of a request for approval of such a pipeline.

A BILL to amend and reenact § 56-49 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-265.2:2, relating to eminent domain; approval of routes for petroleum product pipelines.

068264744