History of Kelo Legislation through 2007
Legislation to protect private property from the Kelo decision took two years to pass in Virginia
because of the lobbying efforts of those who represent developers, local governments and other
beneficiaries of Kelo.
The battle began in 2006 when Delegate Johnny Joannou, a Democrat, stopped a Republican
supported, developer endorsed, pretend protection from passing with his inspirational Two Paths
Speech. This speech reminded fellow Delegates of the importance our Founding Fathers placed
upon private property and urged them to support his protective, alternative legislation. He said
Virginia had a choice of two clear paths - allow government to use eminent domain to take private
property from one person and give it to another, as in Kelo, or restrict the use of eminent domain to
traditional uses such as roads, schools, parks, etc. True bi-partisan heroes emerge in the House
when four Republican rose and spoke against their party's bill and in support of Delegate Joannou.
Because of Delegate Joannou and the bi-partisan support his speech received, the House voted
unanimously to restrict eminent domain to traditional uses. The Senate unfortunately continued to
support Kelo type expansion so no legislation passed in 2006.
In 2007 the House, led by Delegates Rob Bell and Johnny Joannou again refused to compromise
with the Senate on real Kelo protection, but this year the Senate, which defeated an anti-Kelo
Constitutional Amendment patroned by Delegate Joannou's finally agreed to pass legislation to
protect Virginians from Kelo. The change in the Senate's position was largely the result of the hard
work of Senators Ken Cuccinelli and Mark Obenshain. More Information...........
Legislation to protect private property from the Kelo decision took two years to pass in Virginia
because of the lobbying efforts of those who represent developers, local governments and other
beneficiaries of Kelo.
The battle began in 2006 when Delegate Johnny Joannou, a Democrat, stopped a Republican
supported, developer endorsed, pretend protection from passing with his inspirational Two Paths
Speech. This speech reminded fellow Delegates of the importance our Founding Fathers placed
upon private property and urged them to support his protective, alternative legislation. He said
Virginia had a choice of two clear paths - allow government to use eminent domain to take private
property from one person and give it to another, as in Kelo, or restrict the use of eminent domain to
traditional uses such as roads, schools, parks, etc. True bi-partisan heroes emerge in the House
when four Republican rose and spoke against their party's bill and in support of Delegate Joannou.
Because of Delegate Joannou and the bi-partisan support his speech received, the House voted
unanimously to restrict eminent domain to traditional uses. The Senate unfortunately continued to
support Kelo type expansion so no legislation passed in 2006.
In 2007 the House, led by Delegates Rob Bell and Johnny Joannou again refused to compromise
with the Senate on real Kelo protection, but this year the Senate, which defeated an anti-Kelo
Constitutional Amendment patroned by Delegate Joannou's finally agreed to pass legislation to
protect Virginians from Kelo. The change in the Senate's position was largely the result of the hard
work of Senators Ken Cuccinelli and Mark Obenshain. More Information...........
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