2008 Attempt by Locality (The City of Farifax)
                      to Weaken Kelo Protections Died in Committee

House Bill 387  is exactly why we need a Constitutional Amendment.  This legislation designed
to seriously weaken Kelo reform was recommended by the City of Fairfax  to Delegate David
Bulova (D-Farifax Station).  Fortunately for the property owners of Virginia, Delegate Bulova,
supported Kelo reform, so he consulted those who crafted last years reforms.  After their review  
he was in the process of correcting the
abuses allowed by the bill when it was stopped in
committee.

Virginian property owners will not be this lucky  year after year.  Localities and developers will
not stop until they have regained the power taken by last years reform.  A Constitutional
Amendment is the only way to assure
our very important, fundamental, property rights are
assured
on-going protection.
                               Constitutional Protection from Kelo
                                 Failed in 2008, Must Pass in 2009

House Joint Resolution 123  Delegate Johnny Joannou's Constitutional Amendment which
said:  
property can only be taken for traditional public uses such as roads, schools, utilities,
etc., or  if the property is abandoned in a redevelopment/conservation area,
was killed in
committee this session.  Though strong Kelo protection passed the General Assembly in
2007, an amendment is needed because localities and developers will continue lobbing to
modify and weaken those protections.  Their goal is to again be allowed to take private property
from one person and make it available to another strictly for economic development.   

It should be emphasized that across the country, from Seattle to Miami, older downtown areas
are being completely revitalized/rebuilt by governments that have offered developers tax and
zoning incentives.  Because Virginia's past Eminent Domain Laws have allowed abuses,
particularly in redevelopment/conservation areas, many local governments are not aware there
are other very effective methods to accomplish their important redevelopment/revitalization
goals.  For this reasons they will continue working to destroy the hard fought reforms of 2007.
Working for Eminent Domain Reform in Virginia
55 Changes to Virginia's Eminent Domain Law Since 1999
                            The 2007 Legislative Session:   Kelo Protection Passed !

In  April 2007 Virginia joined 37 states that passed protection from the United States Supreme  
Court's  universally  despised  Kelo decision.    This decision allowed a  city to take well cared  
for  homes  and  make  them  available  to  a   private  developer  to  increase  tax  revenue  
and   jobs.
 Link to More information

Legislators:  
Those who have
Endorsed the
Core Principles
Core Principles Upon which Eminent
Domain Reform must be Based
Link
Link
Eminent Domain Abuses in Virginia
Link
Kelo vs City of New London
The U. S. Supreme Court Chooses
Tax Revenues over Home Owners
Supreme Court Decision
Contact Your Legislators!
Take action to protect your property
Who is My Legislator?
Kelo v New London
Passing a Constitutional Amendment  
to protect  Virginians is our first priority
What to do Now !!!
Learn more About Us
&
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issues involving the site
55  Eminent Domain
Reforms  Since 1999
Featured article:   

Stealing property used to
be exclusively done by
thieves in the night,  
masked in black and  
toting  guns.   Apparently,  
the modern  swindler
needs only  a black robe
and a ball-point pen. In
June, the Supreme Court
ruled that New London,
Connecticut could take  
the  homes  of  Jeannette  
Kelo  and  her  neighbors  
and  turn  them over  to
another private enterprise,  
intending  to increase  tax
revenues to  the city.


Link to Article.....
1.  Kelo Protection
Government is now
prohibited from using
eminent domain to take
non-blighted private
property for the benefit of
economic development
and increased taxes as
occurred in the infamous
Kelo decision.  

2.  
Reimbursement of
Some Legal Expenses

The condemning authority
may be ordered by the
judge to reimburse some
property owner litigation
expenses if it is proven in
court that their offer was
unfair.

3.
Reimbursement for
Some Damages
   The
condemning authority is
required to reimburse the
property owner for any
damages caused when
they enter  property for the
purpose of doing a
condemnation evaluation,
 such as a survey.   

4.
Property Owner  
Provided an Appraisal
 
must provide the property
owner a copy of the
appraisal they used to
determine the amount of
their offer for the property.  
    
More Reforms.........
In Kelo v New London
the United  States  
Supreme Court turned  
the concept of "public
use" upside down
by
expanding the traditional
definition to include any
use that increases the
government's  tax base.  
In the ruling The Court
made it clear that, though
their decision supported
the town of New London, it
is up to every legislature
to determine by statute
how broad the definition
will be in their state.
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