The Honorable Delegate Robert Bell Delegate Bell led the successful House battle in 2007 for
strong anti-Kelo legislation - working day and night, negotiating with the other side to find language
that both sides could agree upon. To succeed good anti-Kelo legislation needed a patron who was
a Republican because they were the majority party , so had it not been for Delegate Bell's his
willingness to take on this very important legislation, there is a very strong possibility Virginia
property owners would still be unprotected. We are all indebted to Delegate Bell for his hard work
and his unwillingness to champion this legislation which is probably the most important eminent
domain bill passed in the last 10 years. Delegate Bell is a Republican representing District 58
which includes part of Albemarle County, part of Fluvanna County, part of Greene County and part of
Orange County.
The Honorable Senator Mark Obenshain In 2007 Senator Obenshain also partoned and worked
tirelessly for strong anti Kelo legislation. His bill and Senator Cuccinelli's were merged into the very
protective language that ultimately passed the Senate. Senator Obenshain is a Republican
representing all of the City of Harrisonburg, all of the Counties of Page; Rappahannock; Warren;
Shenandoah and part of Rockingham County.
The Honorable Senator Ken Cuccinelli In 2006 and 2007 had it not been for the tireless work of
Senator Cuccinelli it is very doubtful Virginians would be protected from the Kelo decision. In 2006
he joined Delegate Johnny Joannou in stopping loop-hole filled legislation that "pretended Kelo
protection" which had been drafted by a work group made up primarily made of those who benefited
from the Kelo decision, i.e., developers, local governments, etc. In 2007 he joined Delegate Rob
Bell and patroned "real Kelo protection" which is ranked by the Institute of Justice as one of the best
in the nation. Senator Cuccinelli is a valuable and consistent champion of strong eminent domain
legislation. He is a Republican representing the 37th District which includes part of Fairfax County
The Honorable Delegate Johnny Joannou During the 2006 legislative session Delegate Joannou,
waged a floor fight and almost single handedly stopped Delegate Terrie Suit's loop-hole filled,
government, developer friendly, Kelo legislation. Her bill was moving through the House
unopposed when he made his "two paths" speech which essentially said "you either believe it is
okay for government to take private property and give it to another person, usually a developer, or you
don't." Once the Delegates saw this clear description of what they were passing they abandoned
Delegate Suit and passed Delegate Joannou very protective legislation. Unfortunately the Senate
continued to stand with the developers and local governments. In 2007 however, the protections
Delegate Joannou, a lone Democrat wanted, (Democrats have unanimously backed local
government and the developers) passed both the House and the Senate. Delegate Joannou
proved that one man standing alone on his principle can still make a difference. We are all
indebted to him for the real protections that passed in 2007. Delegate Joannou is a Democrat
representing the 79th District which includes the parts of the Cities of Chesapeake (part), Norfolk,
Portsmouth), and Suffolk.
The Honorable Senator Jay O'Brien In 2005, SB 301, which Senator O'Brien first introduced in
2004, was finally passed and signed by the Governor. When property is taken by eminent domain,
this Legislation requires the condemning authority to offer to sell the property to the former owner at
the original sale price plus interest and price adjustments for any improvements, if the property is
declared surplus within 15 years of the condemnor's taking title. Senator O'Brien is a Republican
representing the 39th District which includes part of Fairfax County and part of Prince William County.
The Honorable Delegate Robert Marshall During the 2005 General Assembly, in anticipation the
type of problem that became apparent with the Supreme Court's ruling in Kelo vs New London,
Delegate Marshall introduced HB 1806 which clarified the meaning of "public use" as it applies to
eminent domain. Though the bill was defeated in 2005, it will be reintroduced again in 2006, where
because of The Kelo Decision it has a very good chance of passing.
The Honorable Delegate Robert McDonnell Delegate McDonnell is a long time, consistent
supporter of eminent domain reform. In 2005 his work tirelessly in both the House and Senate for
passage of HB 1820 and HB 1821, Delegate Terrie Suit's two very important eminent domain
reform bills. In 2002 he introduced landmark legislation that, if passed, would have made
"business loses" and "good will" compensable in eminent domain cases. Both of these are
considered a part of the value of a business in Virginia, except when the businesses are taken by
eminent domain. Delegate McDonnell is a Republican who represented the 84th District of Virginia
Beach before being elected as Attorney General. Unfortunately since assuming this new position,
he worked against meaningful protection from the US Supreme Court's Kelo decision.
The Honorable Senator William C. Mims In 1997, Senator Mims, who was then a Delegate
patroned one of the first bill requiring condemning authorities to reimburse property owner
litigation expenses when it is proven in court that the condemnor did not offer the property owner a
fair price for the property. This bill was defeated in committee because of strong lobbying by VDOT
but lack of any remedy that assures "just compensation" for property owners when a condemnor
offers a low, unfair price was then, and remains today the most critical problem faced by property
owners dealing with condemnation. I n 2003 Senator Mims patroned other important eminent
domain reforms, both of which became law.
SB 990 requires localities to reimburse property owners pro-rata taxes, and SB 995 requires all
condemning authorities to conduct a title search and provide the property owner with a copy of title
prior to making an offer to acquire the property. Senator Mims is also responsible for recodifying
Virginia's Eminent Domain Laws, and in 2005, was a strong supporter of HB 1820 and HB 1821,
working hard in the Senate to assure their passage. As you recall, these bills increase the
likelihood that property owners will receive "just compensation" in eminent domain valuation
disputes and include provisions requiring condemning authorities to give better notice before
entering private property. Senator Mims is a Republican representing the 33rd District which
includes part of Fairfax and all of Loudon County.
The Honorable Senator John Edwards In 2001 Senator Edwards introduced legislation requiring
the condemning authority to reimburse property owner litigation expenses when the court finds the
condemning authorities' offer was unfair His bill as well as a similar bill patroned by Senator
Madison Marye were defeated in Courts of Justice by the special interests. Senator Edwards is a
Democrat representing the 21st District that includes part of the city of Roanoke. In 2005 Senator
Edwards continued his established record for supporting reform by voting for HB 1820 and HB 1821
throughout the legislative process.
The Honorable Senator Charles J. Colgan Senator Colgan introduced SB 899 during the 1998
session to evaluate the use of eminent domain in a deregulated utility environment. He served on
the Eminent Domain Study Committee for two years and co-sponsored all "property owner litigation
reimbursement" legislation" that was recommended by the Study Committee. We have had many
reports of Senator Colgan's helpfulness to constituents seeking assistance when condemning
authorities have over stepped the bounds of fairness. Senator Colgan is a Democrat representing
the District 29 which includes all of the city of Manassas, all of Manassas Park City, and part of
Prince William County.
The Honorable Delegate Morgan H. Griffith House Majority Leader Delegate Griffith has
consistently supported meaningful change to Virginia's Eminent Domain Laws. Serving on the
Eminent Domain Study Committee in 1999, he called for a roll call vote when others on the
committee were attempting to bury eminent domain legislation requiring condemning authorities
to "reimburse property owner litigation expenses. He has spoken publicly before large gatherings
and on public television about the need for this reform.
In 2002 Delegate Griffith sponsored legislation that clarifies definitions within the Virginia Eminent
Domain Statute and creates greater fairness by recognizing owners of bill boards in eminent
domain procedures. House Majority Leader Griffith is a Republican representing the 8th District
which includes part of the County of Roanoke and the City of Salem.
The Honorable Delegate Jim Shuler During the 2001 legislative session, Delegate Shuler
earned a spotlight for introducing legislation which passed the General Assembly unanimously
requiring condemnors to notify property owners by mail if their property is located in the path of an
eminent domain project. This should greatly improve the notification process.
Though Delegate Shuler earned a spotlight for this important eminent domain reform he has not
been a consistent advocate for meaningful reform. In 1999, he co-patroned the resolution which
established a joint committee "to examine the means and adequacy of compensation to property
owners whose land is taken by eminent domain condemnation" and served as Vice-Chairman of
this committee with Senator Madison Marye for two years. While actually serving on the committee,
however, he voted against "reimbursement of property owner litigation expenses" and his position
in the Roanoke Times after defeat of this proposed legislation indicates his opposes property
owner reimbursement, which is the most important component of meaningful reform. Delegate
Shuler is a Democrat representing the 12th District and resides in the Blacksburg.
The Honorable Delegate Terrie Suit in 2005 Delegate Suit patroned two very important reform bills
that were recommendations of Delegate Thelma Drake's Eminent Domain Work Group prior to her
election to the US House of Representatives.
HB 1820 tightens notification procedures for condemning authorities prior to entering property being
evaluated for condemnation. It requires condemning authorities to reimburse the property owner's
litigation expenses if their land was damaged during the evaluation, and if the compensation offered
by the condemning authority was 30% less than the amount awarded by the court.
HB 1821, allows the judge to require condemning authorities to reimburse property owner's
litigation expenses, except attorney fees, if the court's award is 30% greater than the condemnor's
offer. This is the first time the General Assembly has passed legislation which recognizes that
property owners who win in court do not receive "just compensation" even if they prove the
condemning authority was wrong of their court costs. Suit is a Republican representing the 81st
District which includes parts of the Cities of Chesapeake and Virginia Beach.
The Honorable Delegate Robert Tata Delegate Tata introduced legislation during the 1999
session calling for study of the condemnation process, chaired a committee that looked at the
practices of Redevelopment Housing Authorities and patroned legislation requiring housing
authorities to notify property owners by mail of their intent to take property. Delegate Tata is a
Republican representing the 85th District that includes parts of the City of Virginia Beach.
strong anti-Kelo legislation - working day and night, negotiating with the other side to find language
that both sides could agree upon. To succeed good anti-Kelo legislation needed a patron who was
a Republican because they were the majority party , so had it not been for Delegate Bell's his
willingness to take on this very important legislation, there is a very strong possibility Virginia
property owners would still be unprotected. We are all indebted to Delegate Bell for his hard work
and his unwillingness to champion this legislation which is probably the most important eminent
domain bill passed in the last 10 years. Delegate Bell is a Republican representing District 58
which includes part of Albemarle County, part of Fluvanna County, part of Greene County and part of
Orange County.
The Honorable Senator Mark Obenshain In 2007 Senator Obenshain also partoned and worked
tirelessly for strong anti Kelo legislation. His bill and Senator Cuccinelli's were merged into the very
protective language that ultimately passed the Senate. Senator Obenshain is a Republican
representing all of the City of Harrisonburg, all of the Counties of Page; Rappahannock; Warren;
Shenandoah and part of Rockingham County.
The Honorable Senator Ken Cuccinelli In 2006 and 2007 had it not been for the tireless work of
Senator Cuccinelli it is very doubtful Virginians would be protected from the Kelo decision. In 2006
he joined Delegate Johnny Joannou in stopping loop-hole filled legislation that "pretended Kelo
protection" which had been drafted by a work group made up primarily made of those who benefited
from the Kelo decision, i.e., developers, local governments, etc. In 2007 he joined Delegate Rob
Bell and patroned "real Kelo protection" which is ranked by the Institute of Justice as one of the best
in the nation. Senator Cuccinelli is a valuable and consistent champion of strong eminent domain
legislation. He is a Republican representing the 37th District which includes part of Fairfax County
The Honorable Delegate Johnny Joannou During the 2006 legislative session Delegate Joannou,
waged a floor fight and almost single handedly stopped Delegate Terrie Suit's loop-hole filled,
government, developer friendly, Kelo legislation. Her bill was moving through the House
unopposed when he made his "two paths" speech which essentially said "you either believe it is
okay for government to take private property and give it to another person, usually a developer, or you
don't." Once the Delegates saw this clear description of what they were passing they abandoned
Delegate Suit and passed Delegate Joannou very protective legislation. Unfortunately the Senate
continued to stand with the developers and local governments. In 2007 however, the protections
Delegate Joannou, a lone Democrat wanted, (Democrats have unanimously backed local
government and the developers) passed both the House and the Senate. Delegate Joannou
proved that one man standing alone on his principle can still make a difference. We are all
indebted to him for the real protections that passed in 2007. Delegate Joannou is a Democrat
representing the 79th District which includes the parts of the Cities of Chesapeake (part), Norfolk,
Portsmouth), and Suffolk.
The Honorable Senator Jay O'Brien In 2005, SB 301, which Senator O'Brien first introduced in
2004, was finally passed and signed by the Governor. When property is taken by eminent domain,
this Legislation requires the condemning authority to offer to sell the property to the former owner at
the original sale price plus interest and price adjustments for any improvements, if the property is
declared surplus within 15 years of the condemnor's taking title. Senator O'Brien is a Republican
representing the 39th District which includes part of Fairfax County and part of Prince William County.
The Honorable Delegate Robert Marshall During the 2005 General Assembly, in anticipation the
type of problem that became apparent with the Supreme Court's ruling in Kelo vs New London,
Delegate Marshall introduced HB 1806 which clarified the meaning of "public use" as it applies to
eminent domain. Though the bill was defeated in 2005, it will be reintroduced again in 2006, where
because of The Kelo Decision it has a very good chance of passing.
The Honorable Delegate Robert McDonnell Delegate McDonnell is a long time, consistent
supporter of eminent domain reform. In 2005 his work tirelessly in both the House and Senate for
passage of HB 1820 and HB 1821, Delegate Terrie Suit's two very important eminent domain
reform bills. In 2002 he introduced landmark legislation that, if passed, would have made
"business loses" and "good will" compensable in eminent domain cases. Both of these are
considered a part of the value of a business in Virginia, except when the businesses are taken by
eminent domain. Delegate McDonnell is a Republican who represented the 84th District of Virginia
Beach before being elected as Attorney General. Unfortunately since assuming this new position,
he worked against meaningful protection from the US Supreme Court's Kelo decision.
The Honorable Senator William C. Mims In 1997, Senator Mims, who was then a Delegate
patroned one of the first bill requiring condemning authorities to reimburse property owner
litigation expenses when it is proven in court that the condemnor did not offer the property owner a
fair price for the property. This bill was defeated in committee because of strong lobbying by VDOT
but lack of any remedy that assures "just compensation" for property owners when a condemnor
offers a low, unfair price was then, and remains today the most critical problem faced by property
owners dealing with condemnation. I n 2003 Senator Mims patroned other important eminent
domain reforms, both of which became law.
SB 990 requires localities to reimburse property owners pro-rata taxes, and SB 995 requires all
condemning authorities to conduct a title search and provide the property owner with a copy of title
prior to making an offer to acquire the property. Senator Mims is also responsible for recodifying
Virginia's Eminent Domain Laws, and in 2005, was a strong supporter of HB 1820 and HB 1821,
working hard in the Senate to assure their passage. As you recall, these bills increase the
likelihood that property owners will receive "just compensation" in eminent domain valuation
disputes and include provisions requiring condemning authorities to give better notice before
entering private property. Senator Mims is a Republican representing the 33rd District which
includes part of Fairfax and all of Loudon County.
The Honorable Senator John Edwards In 2001 Senator Edwards introduced legislation requiring
the condemning authority to reimburse property owner litigation expenses when the court finds the
condemning authorities' offer was unfair His bill as well as a similar bill patroned by Senator
Madison Marye were defeated in Courts of Justice by the special interests. Senator Edwards is a
Democrat representing the 21st District that includes part of the city of Roanoke. In 2005 Senator
Edwards continued his established record for supporting reform by voting for HB 1820 and HB 1821
throughout the legislative process.
The Honorable Senator Charles J. Colgan Senator Colgan introduced SB 899 during the 1998
session to evaluate the use of eminent domain in a deregulated utility environment. He served on
the Eminent Domain Study Committee for two years and co-sponsored all "property owner litigation
reimbursement" legislation" that was recommended by the Study Committee. We have had many
reports of Senator Colgan's helpfulness to constituents seeking assistance when condemning
authorities have over stepped the bounds of fairness. Senator Colgan is a Democrat representing
the District 29 which includes all of the city of Manassas, all of Manassas Park City, and part of
Prince William County.
The Honorable Delegate Morgan H. Griffith House Majority Leader Delegate Griffith has
consistently supported meaningful change to Virginia's Eminent Domain Laws. Serving on the
Eminent Domain Study Committee in 1999, he called for a roll call vote when others on the
committee were attempting to bury eminent domain legislation requiring condemning authorities
to "reimburse property owner litigation expenses. He has spoken publicly before large gatherings
and on public television about the need for this reform.
In 2002 Delegate Griffith sponsored legislation that clarifies definitions within the Virginia Eminent
Domain Statute and creates greater fairness by recognizing owners of bill boards in eminent
domain procedures. House Majority Leader Griffith is a Republican representing the 8th District
which includes part of the County of Roanoke and the City of Salem.
The Honorable Delegate Jim Shuler During the 2001 legislative session, Delegate Shuler
earned a spotlight for introducing legislation which passed the General Assembly unanimously
requiring condemnors to notify property owners by mail if their property is located in the path of an
eminent domain project. This should greatly improve the notification process.
Though Delegate Shuler earned a spotlight for this important eminent domain reform he has not
been a consistent advocate for meaningful reform. In 1999, he co-patroned the resolution which
established a joint committee "to examine the means and adequacy of compensation to property
owners whose land is taken by eminent domain condemnation" and served as Vice-Chairman of
this committee with Senator Madison Marye for two years. While actually serving on the committee,
however, he voted against "reimbursement of property owner litigation expenses" and his position
in the Roanoke Times after defeat of this proposed legislation indicates his opposes property
owner reimbursement, which is the most important component of meaningful reform. Delegate
Shuler is a Democrat representing the 12th District and resides in the Blacksburg.
The Honorable Delegate Terrie Suit in 2005 Delegate Suit patroned two very important reform bills
that were recommendations of Delegate Thelma Drake's Eminent Domain Work Group prior to her
election to the US House of Representatives.
HB 1820 tightens notification procedures for condemning authorities prior to entering property being
evaluated for condemnation. It requires condemning authorities to reimburse the property owner's
litigation expenses if their land was damaged during the evaluation, and if the compensation offered
by the condemning authority was 30% less than the amount awarded by the court.
HB 1821, allows the judge to require condemning authorities to reimburse property owner's
litigation expenses, except attorney fees, if the court's award is 30% greater than the condemnor's
offer. This is the first time the General Assembly has passed legislation which recognizes that
property owners who win in court do not receive "just compensation" even if they prove the
condemning authority was wrong of their court costs. Suit is a Republican representing the 81st
District which includes parts of the Cities of Chesapeake and Virginia Beach.
The Honorable Delegate Robert Tata Delegate Tata introduced legislation during the 1999
session calling for study of the condemnation process, chaired a committee that looked at the
practices of Redevelopment Housing Authorities and patroned legislation requiring housing
authorities to notify property owners by mail of their intent to take property. Delegate Tata is a
Republican representing the 85th District that includes parts of the City of Virginia Beach.
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