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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
HB 2954 Eminent domain; definition of public uses and limitations thereon.
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Public uses; eminent domain. Defines the term "public uses" as embracing only the acquisition of property where (i) the land is taken for the possession, occupation and enjoyment by the public or a public corporation; (ii) the land is taken for construction, maintenance and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public corporation providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; or (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition or the acquisition is by agreement of all the owners. The bill also states that property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation. The bill defines the terms "blighted property," "government utility corporation," "public corporation," and "public facilities." The bill also provides that a property owner may challenge that a taking is a pretext for an unauthorized use. A former property owner, or his successors, may also request to repurchase the taken property upon the completion or abandonment of the stated public use. The bill does not apply to the forfeiture of property in connection with criminal act or real property that is subject to a certificate of take or deposit recorded prior to July 1, 2007. The bill also does not affect the ability of a redevelopment and housing authority to acquire property under a plan adopted prior to January 1, 2007, until July 1, 2010. The bill also does not prohibit the Norfolk Redevelopment and Housing Authority or the City of Norfolk from acquiring property through the use of eminent domain for the location of a recreational facility, to be owned or operated by a nonprofit entity, that will be open to the public, provided that such acquisitions are instituted prior to July 1, 2010. This bill is identical to SB 781 and SB 1296.
FULL TEXT
- 01/10/07 House: Prefiled and ordered printed; offered 01/10/07 070118232 pdf
- 02/03/07 House: Committee substitute printed 075605232-H1 pdf
- 02/20/07 Senate: Committee substitute printed 072028232-S1 pdf
- 02/21/07 Senate: Floor substitute printed 073906720-S2 (Cuccinelli) pdf
- 02/22/07 Senate: Floor substitute printed 073912720-S3 (Cuccinelli) pdf
- 02/24/07 House: Conference substitute printed 072037232-H2 pdf
- 03/12/07 House: Bill text as passed House and Senate (HB2954ER) pdf
- 04/04/07 House: Reenrolled bill text (HB2954ER2) pdf
- 04/11/07 Governor: Acts of Assembly Chapter text (CHAP0882) pdf
AMENDMENTS
- House amendments rejected
- Senate amendments
- Senate amendments engrossed
- Senate amendments rejected
- Conference amendments
- Governor's recommendation
HISTORY
- 01/10/07 House: Prefiled and ordered printed; offered 01/10/07 070118232
- 01/10/07 House: Referred to Committee for Courts of Justice
- 01/17/07 House: Assigned Courts sub: Civil Law
- 02/02/07 House: Reported from Courts of Justice with substitute (17-Y 3-N)
- 02/03/07 House: Committee substitute printed 075605232-H1
- 02/03/07 House: Read first time
- 02/05/07 House: Read second time
- 02/05/07 House: Committee substitute agreed to 075605232-H1
- 02/05/07 House: Amendment by Delegate Nutter rejected
- 02/05/07 House: Engrossed by House - committee substitute HB2954H1
- 02/06/07 House: Read third time and passed House (87-Y 10-N)
- 02/06/07 House: VOTE: PASSAGE (87-Y 10-N)
- 02/06/07 House: Communicated to Senate
- 02/07/07 Senate: Constitutional reading dispensed
- 02/07/07 Senate: Referred to Committee for Courts of Justice
- 02/09/07 Senate: Assigned Courts sub: Eminent Domain
- 02/19/07 Senate: Reported from Courts of Justice with substitute (12-Y 0-N 2-A)
- 02/20/07 Senate: Committee substitute printed 072028232-S1
- 02/20/07 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/20/07 Senate: VOTE: (40-Y 0-N)
- 02/20/07 Senate: Passed by for the day
- 02/20/07 Senate: Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
- 02/20/07 Senate: VOTE: (40-Y 0-N)
- 02/20/07 Senate: Passed by for the day
- 02/21/07 Senate: Read third time
- 02/21/07 Senate: Floor substitute printed 073906720-S2 (Cuccinelli)
- 02/21/07 Senate: Passed by for the day
- 02/22/07 Senate: Floor substitute printed 073912720-S3 (Cuccinelli)
- 02/22/07 Senate: Read third time
- 02/22/07 Senate: Reading of substitute waived
- 02/22/07 Senate: Committee substitute rejected 072028232-S1
- 02/22/07 Senate: Amendment by Senator Stolle withdrawn
- 02/22/07 Senate: Substitute by Senator Cuccinelli withdrawn 073906720-S2
- 02/22/07 Senate: Reading of substitute waived
- 02/22/07 Senate: Substitute by Senator Cuccinelli agreed to 073912720-S3
- 02/22/07 Senate: Reading of amendment waived
- 02/22/07 Senate: Amendment #2 by Senator Williams rejected (19-Y 19-N 2-A)
- 02/22/07 Senate: VOTE: (19-Y 19-N 2-A)
- 02/22/07 Senate: Chair votes No
- 02/22/07 Senate: Amendment #1 by Senator Williams withdrawn
- 02/22/07 Senate: Amendment #3 by Senator Quayle withdrawn
- 02/22/07 Senate: Reading of amendments waived
- 02/22/07 Senate: Amendment #1 by Senator Quayle rejected (16-Y 20-N 2-A)
- 02/22/07 Senate: VOTE: (16-Y 20-N 2-A)
- 02/22/07 Senate: Passed by temporarily
- 02/22/07 Senate: Amendment #2 by Senator Quayle withdrawn
- 02/22/07 Senate: Amendment #2 by Senator Williams reconsidered (36-Y 0-N 2-A)
- 02/22/07 Senate: VOTE: (36-Y 0-N 2-A)
- 02/22/07 Senate: Amendment #2 by Senator Williams agreed to (18-Y 17-N 2-A)
- 02/22/07 Senate: VOTE: (18-Y 17-N 2-A)
- 02/22/07 Senate: Reading of amendment waived
- 02/22/07 Senate: Amendment #1 by Senator Williams agreed to
- 02/22/07 Senate: Amendment #4 by Senator Quayle withdrawn
- 02/22/07 Senate: Reading of amendment waived
- 02/22/07 Senate: Amendment #5 by Senator Quayle rejected (16-Y 21-N 2-N)
- 02/22/07 Senate: VOTE: (16-Y 21-N 2-A)
- 02/22/07 Senate: Amendment by Senator Hawkins withdrawn
- 02/22/07 Senate: Engrossed by Senate - floor substitute with amendments HB2954S3
- 02/22/07 Senate: Passed Senate with substitute with amendments (33-Y 3-N 2-A)
- 02/22/07 Senate: VOTE: (33-Y 3-N 2-A)
- 02/22/07 House: Placed on Calendar
- 02/22/07 House: Senate substitute agreed to by House (85-Y 3-N)
- 02/22/07 House: VOTE: ADOPTION (85-Y 3-N)
- 02/22/07 House: Senate amendments rejected by House (13-Y 76-N)
- 02/22/07 House: VOTE: REJECTED (13-Y 76-N)
- 02/22/07 Senate: Senate insisted on amendments (23-Y 7-N 2-A)
- 02/22/07 Senate: VOTE: (23-Y 7-N 2-A)
- 02/22/07 Senate: Senate requested conference committee
- 02/22/07 House: House acceded to request
- 02/22/07 House: Conferees appointed by House
- 02/22/07 House: Delegates: Bell, Athey, Joannou
- 02/22/07 Senate: Rules Suspended to waive reading of conferees (33-Y 0-N 1-A)
- 02/22/07 Senate: VOTE: (33-Y 0-N 1-A)
- 02/22/07 Senate: Reconsideration of Rules Suspended agreed to (32-Y 0-N 2-A)
- 02/22/07 Senate: VOTE: (32-Y 0-N 2-A)
- 02/22/07 Senate: Rules Suspended to waive reading of conferees (32-Y 0-N 2-A)
- 02/22/07 Senate: VOTE: (32-Y 0-N 2-A)
- 02/22/07 Senate: Conferees appointed by Senate
- 02/22/07 Senate: Senators: Obenshain, Newman, Edwards
- 02/24/07 House: Conference substitute printed 072037232-H2
- 02/24/07 House: Conference report agreed to by House (84-Y 14-N)
- 02/24/07 House: VOTE: ADOPTION (84-Y 14-N)
- 02/24/07 Senate: Reading of conference report waived
- 02/24/07 Senate: Conference report agreed to by Senate (36-Y 2-N 2-A)
- 02/24/07 Senate: VOTE: (36-Y 2-N 2-A)
- 03/12/07 House: Enrolled
- 03/12/07 House: Bill text as passed House and Senate (HB2954ER)
- 03/12/07 Senate: Signed by President
- 03/13/07 House: Signed by Speaker
- 03/26/07 House: Governor's recommendation received by House
- 04/03/07 House: Placed on Calendar
- 04/04/07 House: House concurred in Governor's recommendation (99-Y 1-N)
- 04/04/07 House: VOTE: ADOPTION (99-Y 1-N)
- 04/04/07 Senate: Senate concurred in Governor's recommendation (37-Y 0-N 2-A)
- 04/04/07 Governor: Governor's recommendation adopted
- 04/04/07 House: Reenrolled
- 04/04/07 House: Reenrolled bill text (HB2954ER2)
- 04/04/07 House: Signed by Speaker as reenrolled
- 04/04/07 Senate: Signed by President as reenrolled
- 04/04/07 House: Enacted, Chapter 882 (effective 7/1/07)
- 04/11/07 Governor: Acts of Assembly Chapter text (CHAP0882)