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.
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.
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
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
- House Bill 2954
Link to Legislation
| Link |
| Link |
| 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 !!! |
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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.....
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.........
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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