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.
2012 SESSION
SJ 3 Constitutional amendment; taking or damaging of private property for public use (second reference).
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Constitutional amendment (second resolution); taking or damaging of private property; public use. Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. The Resolution incorporates SJ 67 and SJ 117.
FULL TEXT
- 11/21/11 Senate: Prefiled and ordered printed; offered 01/11/12 12100006D pdf | impact statement
- 01/31/12 Senate: Committee substitute printed 12104981D-S1 pdf
- 03/15/12 Senate: Bill text as passed Senate and House (SJ3ER) pdf
- 04/10/12 Governor: Acts of Assembly Chapter text (CHAP0738) pdf
HISTORY
- 11/21/11 Senate: Prefiled and ordered printed; offered 01/11/12 12100006D
- 11/21/11 Senate: Referred to Committee on Privileges and Elections
- 01/31/12 Senate: Reported from Privileges and Elections with substitute (13-Y 2-N)
- 01/31/12 Senate: Committee substitute printed 12104981D-S1
- 02/01/12 Senate: Incorporates SJ67
- 02/01/12 Senate: Incorporates SJ117
- 02/02/12 Senate: Read first time
- 02/03/12 Senate: Read second time
- 02/03/12 Senate: Passed by for the day
- 02/06/12 Senate: Read second time
- 02/06/12 Senate: Passed by for the day
- 02/07/12 Senate: Passed by for the day
- 02/08/12 Senate: Passed by for the day
- 02/09/12 Senate: Passed by for the day
- 02/10/12 Senate: Read second time
- 02/10/12 Senate: Reading of substitute waived
- 02/10/12 Senate: Committee substitute agreed to 12104981D-S1
- 02/10/12 Senate: Engrossed by Senate - committee substitute SJ3S1
- 02/13/12 Senate: Read third time and agreed to by Senate (23-Y 16-N)
- 02/13/12 Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
- 02/13/12 Senate: Agreed to by Senate (23-Y 17-N)
- 02/15/12 House: Placed on Calendar
- 02/15/12 House: Read first time
- 02/15/12 House: Referred to Committee on Privileges and Elections
- 02/16/12 House: Assigned P & E sub: Constitutional Amendments Subcommittee
- 02/27/12 House: Subcommittee recommends reporting (6-Y 0-N)
- 03/02/12 House: Reported from Privileges and Elections (20-Y 2-N)
- 03/06/12 House: Taken up
- 03/06/12 House: Agreed to by House (83-Y 17-N)
- 03/06/12 House: VOTE: ADOPTION (83-Y 17-N)
- 03/15/12 Senate: Enrolled
- 03/15/12 Senate: Bill text as passed Senate and House (SJ3ER)
- 03/15/12 House: Signed by Speaker
- 03/17/12 Senate: Signed by President
- 04/09/12 House: Assigned Chapter 738 (effective - see bill)
- 04/10/12 Governor: Acts of Assembly Chapter text (CHAP0738)