HB 2954 Eminent domain; definition of public uses and limitations thereon.
Robert B. Bell | all patrons    ...    notes
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Summary as enacted with Governor's Recommendation: (all summaries)
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 is identical to SB 781 and SB 1296.

Full text:
01/10/07  House: Prefiled and ordered printed; offered 01/10/07 070118232  pdf
02/03/07  House: Committee substitute printed 075605232-H1  pdf
02/20/07  Senate: Committee substitute printed 072028232-S1  pdf
02/21/07  Senate: Floor substitute printed 073906720-S2 (Cuccinelli)  pdf
02/22/07  Senate: Floor substitute printed 073912720-S3 (Cuccinelli)  pdf
02/24/07  House: Conference substitute printed 072037232-H2  pdf
03/12/07  House: Bill text as passed House and Senate (HB2954ER)  pdf
04/04/07  House: Reenrolled bill text (HB2954ER2)  pdf
04/11/07  Governor: Acts of Assembly Chapter text (CHAP0882)  pdf

Amendments:
House amendments rejected
Senate amendments
Senate amendments engrossed
Senate amendments rejected
Conference amendments
Governor's recommendation

Status:
01/10/07  House: Prefiled and ordered printed; offered 01/10/07 070118232
01/10/07  House: Referred to Committee for Courts of Justice
01/17/07  House: Assigned Courts sub: Civil Law
02/02/07  House: Reported from Courts of Justice with substitute (17-Y 3-N)
02/03/07  House: Committee substitute printed 075605232-H1
02/03/07  House: Read first time
02/05/07  House: Read second time
02/05/07  House: Committee substitute agreed to 075605232-H1
02/05/07  House: Amendment by Delegate Nutter rejected
02/05/07  House: Engrossed by House - committee substitute HB2954H1
02/06/07  House: Read third time and passed House (87-Y 10-N)
02/06/07  House: VOTE: PASSAGE (87-Y 10-N)
02/06/07  House: Communicated to Senate
02/07/07  Senate: Constitutional reading dispensed
02/07/07  Senate: Referred to Committee for Courts of Justice
02/09/07  Senate: Assigned Courts sub: Eminent Domain
02/19/07  Senate: Reported from Courts of Justice with substitute (12-Y 0-N 2-A)
02/20/07  Senate: Committee substitute printed 072028232-S1
02/20/07  Senate: Constitutional reading dispensed (40-Y 0-N)
02/20/07  Senate: VOTE: (40-Y 0-N)
02/20/07  Senate: Passed by for the day
02/20/07  Senate: Motion to reconsider Passed by for the day agreed to (40-Y 0-N)
02/20/07  Senate: VOTE: (40-Y 0-N)
02/20/07  Senate: Passed by for the day
02/21/07  Senate: Read third time
02/21/07  Senate: Floor substitute printed 073906720-S2 (Cuccinelli)
02/21/07  Senate: Passed by for the day
02/22/07  Senate: Floor substitute printed 073912720-S3 (Cuccinelli)
02/22/07  Senate: Read third time
02/22/07  Senate: Reading of substitute waived
02/22/07  Senate: Committee substitute rejected 072028232-S1
02/22/07  Senate: Amendment by Senator Stolle withdrawn
02/22/07  Senate: Substitute by Senator Cuccinelli withdrawn 073906720-S2
02/22/07  Senate: Reading of substitute waived
02/22/07  Senate: Substitute by Senator Cuccinelli agreed to 073912720-S3
02/22/07  Senate: Reading of amendment waived
02/22/07  Senate: Amendment #2 by Senator Williams rejected (19-Y 19-N 2-A)
02/22/07  Senate: VOTE: (19-Y 19-N 2-A)
02/22/07  Senate: Chair votes No
02/22/07  Senate: Amendment #1 by Senator Williams withdrawn
02/22/07  Senate: Amendment #3 by Senator Quayle withdrawn
02/22/07  Senate: Reading of amendments waived
02/22/07  Senate: Amendment #1 by Senator Quayle rejected (16-Y 20-N 2-A)
02/22/07  Senate: VOTE: (16-Y 20-N 2-A)
02/22/07  Senate: Passed by temporarily
02/22/07  Senate: Amendment #2 by Senator Quayle withdrawn
02/22/07  Senate: Amendment #2 by Senator Williams reconsidered (36-Y 0-N 2-A)
02/22/07  Senate: VOTE: (36-Y 0-N 2-A)
02/22/07  Senate: Amendment #2 by Senator Williams agreed to (18-Y 17-N 2-A)
02/22/07  Senate: VOTE: (18-Y 17-N 2-A)
02/22/07  Senate: Reading of amendment waived
02/22/07  Senate: Amendment #1 by Senator Williams agreed to
02/22/07  Senate: Amendment #4 by Senator Quayle withdrawn
02/22/07  Senate: Reading of amendment waived
02/22/07  Senate: Amendment #5 by Senator Quayle rejected (16-Y 21-N 2-N)
02/22/07  Senate: VOTE: (16-Y 21-N 2-A)
02/22/07  Senate: Amendment by Senator Hawkins withdrawn
02/22/07  Senate: Engrossed by Senate - floor substitute with amendments HB2954S3
02/22/07  Senate: Passed Senate with substitute with amendments (33-Y 3-N 2-A)
02/22/07  Senate: VOTE: (33-Y 3-N 2-A)
02/22/07  House: Placed on Calendar
02/22/07  House: Senate substitute agreed to by House (85-Y 3-N)
02/22/07  House: VOTE: ADOPTION (85-Y 3-N)
02/22/07  House: Senate amendments rejected by House (13-Y 76-N)
02/22/07  House: VOTE: REJECTED (13-Y 76-N)
02/22/07  Senate: Senate insisted on amendments (23-Y 7-N 2-A)
02/22/07  Senate: VOTE: (23-Y 7-N 2-A)
02/22/07  Senate: Senate requested conference committee
02/22/07  House: House acceded to request
02/22/07  House: Conferees appointed by House
02/22/07  House: Delegates: Bell, Athey, Joannou
02/22/07  Senate: Rules Suspended to waive reading of conferees (33-Y 0-N 1-A)
02/22/07  Senate: VOTE: (33-Y 0-N 1-A)
02/22/07  Senate: Reconsideration of Rules Suspended agreed to (32-Y 0-N 2-A)
02/22/07  Senate: VOTE: (32-Y 0-N 2-A)
02/22/07  Senate: Rules Suspended to waive reading of conferees (32-Y 0-N 2-A)
02/22/07  Senate: VOTE: (32-Y 0-N 2-A)
02/22/07  Senate: Conferees appointed by Senate
02/22/07  Senate: Senators: Obenshain, Newman, Edwards
02/24/07  House: Conference substitute printed 072037232-H2
02/24/07  House: Conference report agreed to by House (84-Y 14-N)
02/24/07  House: VOTE: ADOPTION (84-Y 14-N)
02/24/07  Senate: Reading of conference report waived
02/24/07  Senate: Conference report agreed to by Senate (36-Y 2-N 2-A)
02/24/07  Senate: VOTE: (36-Y 2-N 2-A)
03/12/07  House: Enrolled
03/12/07  House: Bill text as passed House and Senate (HB2954ER)
03/12/07  Senate: Signed by President
03/13/07  House: Signed by Speaker
03/26/07  House: Governor's recommendation received by House
04/03/07  House: Placed on Calendar
04/04/07  House: House concurred in Governor's recommendation (99-Y 1-N)
04/04/07  House: VOTE: ADOPTION (99-Y 1-N)
04/04/07  Senate: Senate concurred in Governor's recommendation (37-Y 0-N 2-A)
04/04/07  Governor: Governor's recommendation adopted
04/04/07  House: Reenrolled
04/04/07  House: Reenrolled bill text (HB2954ER2)
04/04/07  House: Signed by Speaker as reenrolled
04/04/07  Senate: Signed by President as reenrolled
04/04/07  House: Enacted, Chapter 882 (effective 7/1/07)
04/11/07  Governor: Acts of Assembly Chapter text (CHAP0882)