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2007 SESSION

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SJ 139 Constitutional amendment (first resolution); exercise of eminent domain powers.

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

SUMMARY AS INTRODUCED:

Constitutional amendment (first resolution); exercise of eminent domain powers.  Removes the General Assembly's power to define the "public uses" for which property may be condemned. The amendment provides that the term “public uses” shall mean only 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. Moreover, 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.


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