SB 781 Eminent domain; definition of public uses and limitations thereon.
Ken T. Cuccinelli, II | 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 incorporates SB 1037 and SB 1096. This bill is identical to SB 1296 and HB 2954.

Full text:
12/22/06  Senate: Prefiled and ordered printed; offered 01/10/07 075544720  pdf | impact statement
02/05/07  Senate: Committee substitute printed 072014720-S1  pdf | impact statement
02/20/07  House: Committee substitute printed 077248720-H1  pdf | impact statement
02/21/07  House: Floor substitute printed 073907232-H2 (Bell)  pdf
02/24/07  Senate: Conference substitute printed 072038720-S2  pdf
03/12/07  Senate: Bill text as passed Senate and House (SB781ER)  pdf | impact statement
04/04/07  Senate: Reenrolled bill text (SB781ER2)  pdf
04/11/07  Governor: Acts of Assembly Chapter text (CHAP0901)  pdf

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

Status:
12/22/06  Senate: Prefiled and ordered printed; offered 01/10/07 075544720
12/22/06  Senate: Referred to Committee for Courts of Justice
01/22/07  Senate: Assigned Courts sub: Eminent Domain
02/05/07  Senate: Reported from Courts of Justice with substitute (14-Y 1-N)
02/05/07  Senate: Committee substitute printed 072014720-S1
02/06/07  Senate: Constitutional reading dispensed (40-Y 0-N)
02/06/07  Senate: VOTE: (40-Y 0-N)
02/06/07  Senate: Read second time
02/06/07  Senate: Reading of substitute waived
02/06/07  Senate: Committee substitute agreed to 072014720-S1
02/06/07  Senate: Engrossed by Senate - committee substitute SB781S1
02/06/07  Senate: Constitutional reading dispensed (37-Y 0-N)
02/06/07  Senate: VOTE: (37-Y 0-N)
02/06/07  Senate: Passed Senate (37-Y 1-N)
02/06/07  Senate: VOTE: (37-Y 1-N)
02/06/07  Senate: Communicated to House
02/07/07  House: Placed on Calendar
02/07/07  House: Read first time
02/07/07  House: Referred to Committee for Courts of Justice
02/09/07  House: Assigned Courts sub: Civil Law
02/19/07  House: Reported from Courts of Justice with substitute (14-Y 6-N)
02/20/07  House: Committee substitute printed 077248720-H1
02/20/07  House: Read second time
02/21/07  House: Read third time
02/21/07  House: Motion to pass by motion to pass by for the day by Howell, A.T. withdrawn
02/21/07  House: Passed by temporarily
02/21/07  House: No action taken on Committee substitute 077248720-H1
02/21/07  House: Floor substitute printed 073907232-H2 (Bell)
02/21/07  House: Substitute by Delegate Bell agreed to 073907232-H2
02/21/07  House: Passed by for the day
02/22/07  House: Read third time
02/22/07  House: Passed by temporarily
02/22/07  House: Motion to reconsider passed by temporarily agreed to
02/22/07  House: Amendment by Delegate Bell agreed to
02/22/07  House: Engrossed by House - floor substitute with amendment SB781H2
02/22/07  House: Passed House with substitute with amendment (87-Y 9-N)
02/22/07  House: VOTE: PASSAGE (87-Y 9-N)
02/22/07  Senate: House substitute with amendment rejected by Senate (5-Y 23-N 2-A)
02/22/07  Senate: VOTE: (5-Y 23-N 2-A)
02/22/07  House: House insisted on substitute with amendment
02/22/07  House: House requested conference committee
02/22/07  Senate: Senate acceded to request (34-Y 0-N)
02/22/07  Senate: VOTE: (34-Y 0-N)
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: Cuccinelli, Newman, Edwards
02/22/07  House: Conferees appointed by House
02/22/07  House: Delegates: Bell, Athey, Joannou
02/24/07  Senate: Conference substitute printed 072038720-S2
02/24/07  House: Conference report agreed to by House (85-Y 14-N)
02/24/07  House: VOTE: ADOPTION (85-Y 14-N)
02/24/07  Senate: Reading of conference report waived
02/24/07  Senate: Conference report agreed to by Senate (37-Y 1-N 2-A)
02/24/07  Senate: VOTE: (37-Y 1-N 2-A)
03/12/07  Senate: Enrolled
03/12/07  Senate: Bill text as passed Senate and House (SB781ER)
03/12/07  Senate: Signed by President
03/13/07  House: Signed by Speaker
03/26/07  Senate: Governor's recommendation received by Senate
04/03/07  Senate: Placed on Calendar
04/04/07  Senate: Senate concurred in Governor's recommendation (38-Y 0-N 2-A)
04/04/07  House: House concurred in Governor's recommendation (97-Y 1-N)
04/04/07  Governor: Governor's recommendation adopted
04/04/07  House: VOTE: ADOPTION (97-Y 1-N)
04/04/07  Senate: Reenrolled
04/04/07  Senate: Reenrolled bill text (SB781ER2)
04/04/07  Senate: Signed by President as reenrolled
04/04/07  House: Signed by Speaker as reenrolled
04/04/07  House: Enacted, Chapter 901 (effective 7/1/07)
04/11/07  Governor: Acts of Assembly Chapter text (CHAP0901)