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2007 SESSION

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SB 781 Eminent domain; definition of public uses and limitations thereon.

Introduced by: Ken T. Cuccinelli, II | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

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 incorporates SB 1037 and SB 1096. This bill is identical to SB 1296 and HB 2954.

SUMMARY AS PASSED:

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. 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. This bill incorporates SB 1037 and SB 1096. This bill is identical to SB 1296 and HB 2954.

SUMMARY AS PASSED SENATE:

Eminent domain; definition of public uses. Provides a definition of the term "public uses" mentioned in Article I, Section 11 of the Constitution of Virginia as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies; the creation or functioning of public corporations and public service companies; the construction, maintenance or operation of public highways or other public transportation facilities; the construction, maintenance or operation of facilities by the Commonwealth, a political subdivision, locality, or pursuant to a public-private partnership agreement; and the elimination of blight where the property endangers public health or safety. The bill also specifies certain exceptions to this definition and provides that the power of eminent domain shall not be exercised when the primary purpose of the taking or damaging of private property is to transfer ownership to a private party for a private financial gain, an increase in tax revenues, or an increase in employment. This definition does not apply to the acquisition of property subject to a certificate of take or a certificate of deposit recorded prior to July 1, 2007, or property that is the subject of a petition for condemnation filed prior to July 1, 2007. The bill also provides that if the acquisition of part of a person's property leaves the owner with an uneconomic remnant, this remnant shall not be acquired if the person desires to maintain ownership of the remnant. This bill incorporates SB 1037 and SB 1096.

SUMMARY AS INTRODUCED:

Eminent domain; definition of public uses.  Enacts two alternative definitions of the public uses for which private property may be taken, and provides for a November 2007 referendum at which voters may indicate which definition they prefer or vote to leave the law unchanged. If a majority of those voting vote in favor of one of the alternative definitions, it will take effect January 1, 2008.