SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
HJ 772 Constitutional amendment; establishes limits on ability to take private property.
Introduced by: Benjamin L. Cline | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Constitutional amendment (first resolution); taking of private property. Establishes limits on the ability to take private property. Private property may not be taken unless the land taken is for the ownership, possession, occupation, and enjoyment by the public at large, or by public agencies, or the land taken is used for the creation or functioning of a public utility or railroad. Takings are also permitted if land taken is blighted and the taking eliminates a direct threat to public health or safety. An increase in tax base, tax revenues, employment, or general economic health and welfare shall not constitute public uses. Property shall not be taken for any private use, except with consent of the owner. Takings must be necessary to achieve the alleged public use, and the public interest must dominate the private gain. Taking under the pretext of an alleged public use, or to confer a benefit on a particular class of identifiable individuals or a private party, is impermissible. The issue of whether a use is truly public shall be determined without regard to any legislative assertion that the use is public. This resolution has been incorporated into HJR 723.
FULL TEXT
HISTORY
- 01/19/07 House: Presented and ordered printed 076576352
- 01/19/07 House: Referred to Committee on Privileges and Elections
- 01/25/07 House: Assigned P & E sub: #1 (Marshall, R.G.)
- 02/02/07 House: Incorporated by Privileges and Elections (HJ723-Bell) by voice vote