Va. House tries to limit taking of property

Posted to: News Politics State Government Virginia
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By Bill Sizemore
The Virginian-Pilot
© February 9, 2011

The House of Delegates approved an amendment to the state Constitution Tuesday restricting the power of eminent domain - the ability of government entities to take private property.

The measure is unlikely to survive in the state Senate, however.

Offered by Del. Johnny Joannou, D-Portsmouth, and three Republican co-sponsors, HJ693, says property can be taken only for public use.

The measure specifically bars such takings "if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development."

Approved on an 81-18 vote, the bill now goes to the Senate.

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This legislation should have already existed

Submitted by STK on Wed, 02/09/2011 at 10:31 am.

Private gains via eminent domain? I have been naïve for not knowing it was even possible. That is careless by our government.

What is the status of the Senate vote?

Submitted by Sky1819 on Wed, 02/09/2011 at 9:45 am.

I did a search in LIS for the senate version of this bill and it turned out to be SJ 307. The history of this bill showed that it was referred to the Privileges and Elections committee and then to the subcommittee for Constitutional amendments. There was a rules suspended vote for and it failed 18-22. Does this mean that the bill is completely dead or can it be reconsidered? If it is dead, then each of these state senators need to be booted from their positions ASAP since they obviously have no regard for their constituents personal property. They are Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C, Miller, Y.B, Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Ticer, Whipple.

Good luck getting rid of Lucas

Submitted by denzel_washington on Wed, 02/09/2011 at 10:49 am.

People keep voting Lucas back in. When I lived in her district, I voted against her every time, but it didn't matter. I'm not the least bit surprised to see her on your list.

Completely partisan divided vote in the senate

Submitted by Sky1819 on Wed, 02/09/2011 at 12:29 pm.

When I checked out the affiliation of all of the senators that voted for or against the bill I found that the 18 that voted for the bill were all 18 of the republicans in the state senate and the 22 that voted against it were the 22 democrats in the state senate. It is very sad that the democrats would be against this bill for some reason. Makes absolutely no sense to me.

Nays All Dems - Why is that?

Submitted by Choose_Freedom on Wed, 02/09/2011 at 9:31 am.

The Legislative Information System has the vote. Click on "bills and resolutions" under the 2011 session and enter the bill# HJ693. Those voting against private property owners were all Democrats and mostly from Northern Virginia and Richmond:

NAYS--Abbott D-93 Newport News, Brink D-48 Arlington, Carr D-69 Richmond, Dance D-63 Petersburg, Ebbin D-49 Richmond, Englin D-45 Alexandria, Filler-Corn D-41 Springfield, Herring D-46 Alexandria, Hope D-47 Arlington, Kory D-38 Falls Church, McClellan D-71, Morrissey D-74, Plum D-36 Reston, Scott, J.M. D-53 Merrifeld, Sickles D-43 Franconia, Spruill D-77 Chesapeake, Surovell D-44 Mt Vernon, Toscano, D-57 Charlottesville.

The majority of those are from Northern Virginia

Submitted by STK on Wed, 02/09/2011 at 10:36 am.

I grew up there, but had no desire to return after college many years ago. They can make their own state like they were proposing in the past-'New Dominion', leave the Old Dominion.

The Nays

Submitted by publicservant on Wed, 02/09/2011 at 8:58 am.

02/08/11 House: VOTE: ADOPTION (81-Y 18-N)
________________________________________

NAYS--Abbott, Brink, Carr, Dance, Ebbin, Englin, Filler-Corn, Herring, Hope, Kory, McClellan, Morrissey, Plum, Scott, J.M., Sickles, Spruill, Surovell, Toscano--18.
ABSTENTIONS--0.
NOT VOTING--0.

I'm thankful for the 81 - shame on the 18

Submitted by Reid_Greenmun on Wed, 02/09/2011 at 7:58 am.

Government exisits to PROTECT our property - not to serve as an all-powerful force used to strong arm us and force us out of our homes and businesses so that politically influential developers can "redevelop" our property.

My heartfelt thanks to the 81 representatives that voted to stand in support of our property rights.

Shame on the 18 that did not.

The Taking of Property

Submitted by Looking On on Wed, 02/09/2011 at 4:44 am.

For over sixty-five years I've been an active land developer and have "done" over sixty-five real estate ventures/projects over the years in four states from Franklin, VA to north Georgia. The "taking" of private property mostly by government agencies which have not been elected, but have been given virtually carte blanche authority to take private property is a CRIME. It smacks of some in the agencies being paid under the table. I condemn those in our business who are greedy enough to even think about such shenanigans.

Be proactive

Submitted by charlton on Wed, 02/09/2011 at 3:11 am.

Don't wait for this to fail in the Senate. Contact your VA Senator and ask him to rally support and vote for this bill. Let your legislators know you are informed and watching. If you do not know who your Senator is, find out here:

http://conview.state.va.us/whosmy.nsf/main?openform

They need to hear from you BEFORE they vote.