| 2007 Legislation Enacted Impacts Title 25: Eminent Domain |
HB 2954/SB 871 Eminent domain; definition of public uses and limitations thereon Delegate Rob Bell and
Senator Ken Cuccinelli
This Legislation addresses previous eminent domain abuses that have occurred in Virginia as well as the now
infamous Supreme Court ruling in Kelo
1. Defines the term "public uses" as embracing only the acquisition of property where:
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.
3. Defines the terms "blighted property," "government utility corporation," "public corporation," and "public
facilities."
4. Provides that a property owner may challenge that a taking is a pretext for an unauthorized use.
5. Provides that 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.
6. 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.
7. 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
Senator Ken Cuccinelli
This Legislation addresses previous eminent domain abuses that have occurred in Virginia as well as the now
infamous Supreme Court ruling in Kelo
1. 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.
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.
3. Defines the terms "blighted property," "government utility corporation," "public corporation," and "public
facilities."
4. Provides that a property owner may challenge that a taking is a pretext for an unauthorized use.
5. Provides that 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.
6. 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.
7. 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
| The Virginia Property Rights Coalition Dedicated to Reform of Virginia's Eminent Domain Law |
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