CORE PRINCIPLES FOR EMINENT DOMAIN REFORM
                                                           IN THE COMMONWEALTH

Virginia should respect the fundamental, constitutional right to own property and our legislature must
protect our citizens’ right to their homes, farms, businesses and other property.  We recognize schools,
roads, utilities and other historically public uses as uses where government may need to exercise the
power of eminent domain.  The power of eminent domain should be limited to:

1)      Prohibit Kelo-type abuses such as the taking of one person’s private property to be transferred to
       a developer, government entity or third party for purposes of employment, economic development
       or an increase in the tax revenues.

       a.       Incidental effects of a taking, including but not limited to effects on employment, economic
                 development or tax revenues, should not be taken into consideration when determining  
                 whether a taking is necessary for a public use.  Alleged public uses that are a pretext for
                 employment, economic development or tax revenues should not be allowed.

       b.       However, the fact that a taking necessary for a genuine public use may effect employment,
                 economic development, or tax revenues shall not be a basis to invalidate the taking at  
                 issue.

2)      Prohibit citizens’ homes, farms, and businesses from being taken for blight when their property is
       not blighted and is not a threat to public health and safety.

3)      Re-establish property rights to its equal position with other fundamental constitutional rights, as
       they were when the founding fathers established our constitutional system in Virginia.  This would
       return property rights to the same level of protection as other fundamental constitutional rights,
       such as freedom of speech, freedom of religion, the right to bear arms, and the right to vote.  

4)      Protect property owners by recognizing that just compensation must be full compensation, and
       that if property owners are not protected from abusive takings and low compensation offers and
       are required to pay appraisers, real estate brokers, attorney’s fees or court costs when their
       property is taken by eminent domain, then those costs must be reimbursed if the property owner
       shows that the offer was below the full value of the property taken.  Furthermore, business losses
       resulting from takings by eminent domain must be included in just compensation.  

Endorsement of Core Principles:

Therefore, I, ____________________________________, do hereby pledge to endorse these
principles in the formation of legislation to reform eminent domain abuses in Virginia and return property
rights to the same level of protection as other fundamental constitutional rights.

Contact Information:_______________________________________________________
                             _______________________________________________________

Mail to:  Lindsay Potts
          Virginia Farm Bureau
          P.O. Box 27552,
          Richmond, VA 23261-7552