VIRGINIA PROPERTY OWNERS’ CORE PRINCIPLES
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:
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 tax
revenues.
1a) 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.
1b) 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 the
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 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.
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:
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 tax
revenues.
1a) 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.
1b) 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 the
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 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.
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