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2009 SESSION
098384288Patrons-- Obenshain, Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Ruff, Smith, Stolle, Stuart, Vogel and Wampler
RESOLVED by the Senate, the House of Delegates concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:
Amend Section 11 of Article I of the Constitution of Virginia as follows:
Section 11. Due process of law; obligation of contracts; taking of private property; prohibited discrimination; jury trial in civil cases.
That no person shall be deprived of his life, liberty, or
property without due process of law; that the General Assembly shall not pass
any law impairing the obligation of contracts, nor any law whereby
private property shall be taken or damaged for
public uses, without just compensation, the term "public uses" to be
defined by the General Assembly; and that the right to be free
from any governmental discrimination upon the basis of religious conviction,
race, color, sex, or national origin shall not be abridged, except that the
mere separation of the sexes shall not be considered discrimination.
That the General Assembly shall not pass any law whereby private property shall be taken or damaged for public uses, without just compensation. The term "public uses" under this section shall be defined by the General Assembly. No more private property may be taken than necessary to achieve the stated public use.
Private property may not be taken when the primary purpose is private financial gain, private benefit, an increase in tax base or tax revenues, or an increase in employment; however, this restriction shall not apply to the taking of private property for the creation or functioning of a public service corporation, public service company, or railroad.
That in controversies respecting property, and in suits between man and man, trial by jury is preferable to any other, and ought to be held sacred. The General Assembly may limit the number of jurors for civil cases in courts of record to not less than five.