| Retired from the General Assembly |
The Honorable DelegateThelma Drake 2004 winner of the John C. Marshall Award For the last
five years Delegate Drake has been in the forefront of the movement to reform Virginia's eminent
domain laws. In 1999, she brought the Joint Legislative Committee Studying Eminent Domain to the
Tidewater area; assuring constituents who had been abusedby eminent domain an opportunity to
testify.
In 2000 patroned landmark legislation restricting the length of time property can be held under the
threat of eminent domain condemnation by a Redevelopment Housing Authority, without acquisition.
In the year 2002, her legislation gave property owners involved in a valuation dispute with a
condemning authority, the option of a pretrial settlement conference rather than the stress of
enduring a full trial. In 2002 she also worked with Senator Madison Marye to remove "sunset
restrictions" on eminent domain legislation he had patroned 2000 that required condemning
authorities to provide property owners a copy of the appraisal used to justify their offer.
For several years Delegate Drake led aVirginia Housing Commission Work Group, made up of
property owners, condemning authorities, and legislators to to examine the fairness of Virginia's
Eminent Domain Laws. In 2003 her legislation, which passed, required the Virginia Commissioner
of Transportation to: file condemnation proceedings within 180 days of recording the certificate to
take the property; present the same appraisal of the property's worth at the condemnation trial that
they presented to the property owner with their offer to purchase the property; and to pay interest, on
certain obligations, to those property owners whose land is taken by condemnation, at the rate
required by IRS Code, as opposed to the Department of the Tresurery's composite rate which had
been used. Delegate Drake is a Republican who represented the 87th district which includes the
city of Norfolk before being elected to the US House of Representatives.
The Honorable Senator Madison Marye In 1999 Senator Marye was among the first legislators to
demonstrate an awareness of possible problems with Virginia's Eminent Domain Law. That year
he introduced Senate Resolution 271 which established a Joint Legislative Committee to "examine
the means and adequacy of compensation to property owners whose land is taken by eminent
domain condemnation." For two years, under his chairmanship, this legislative committee
conducted state wide hearings and studied Virginia's eminent domain process.
The Committee's work resulted in a comprehensive package of reform legislation, patroned by
Senator Marye and designed to correct the major problems with unfairness that became obvious
during the study. Senator Marye's efforts resulted in passage of legislation that: required
condemning authorities to provide property owners a copy of the appraisal used to justify their offer;
gave property owners the option of choosing a jury rather than accepting appointed commissioners
(the old method) when facing a condemnor in court; increased the maximum compensation for a
survey conducted by the property owner from $100 to $1,000; and included provisisons of the Federal
Uniform Relocation Act in the Virginia Statute requirements.
However, because of relentless lobbying by condemning authorities, other very important reforms,
such as "reimbursement of property owner litigation expenses" that had been unanimously
recommended by the Study Committee, were defeated in the Senate Courts of Justice Committee,
before ever reaching the floor of the General Assembly. Senator Marye was a Democrat for the 39th
District which includes the counties of Montgomery, Grayson, Smyth, Pulaski (part), and all of the city
of Galax. Senator Marye retired in 2001 and his efforts in the behalf of property owners will be
missed.
The Honorable Delegate Richard Cranwell Delegate Cranwell introduced legislation designed to
assure prompt payment by VDOT when land is taken by condemnation. His bill changed the
timetable for distribution of funds in highway condemnation cases by requiring the use of facsimile
and overnight delivery services to ensure timely delivery of court orders and transfer of funds. The bill
also established a 25 percent penalty if the payment was not timely. Though property owners
dealing with eminent domain often face extended delays in receiving payment, this bill it did not
make it out of committee in 2001. Before redistricting, Delegate Cranwell, a Democrat, whose
position was eliminated through redistricting, served the citizens of part of the city of Roanoke. He is
now retirned.
The Honorable Delegate Alan Diamonstein Delegate Diamonstein spoke eloquently at the
Newport News public hearing in support of Legislative reform of Virginia's Eminent Domain Law. He
received a standing ovation from the full assembly of citizens when he stated, "The right to condemn
someone's property is the right to condemn their life." Before redistricting, Delegate Diamonstein
was a Democrat from Newport News.
The Honorable Delegate Wm. Robinson, Jr. Delegate Robinson introduced legislation during the
1999 session which requested that VDOT conduct a two-year study of the process by which it
provides benefits and relocation assistance to businesses as defined and provided for under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act (§25-235). Before
redistricting, Delegate Robinson was a Democrat from Norfolk.
The Honorable Delegate Clifton A. Woodrum Delegate Clifton "Chip" Woodrum (D) is responsible
for legislation that passed during the 2001 General Assembly which authorizes the governing body of
each locality in which a gas pipeline or electrical transmission line would be located to ask the State
Corporation Commission to consider directing the joint use of right-of-way in any case involving an
application for a certificate of convenience and necessity for new facilities.
Delegate Woodrum introduced other legislation which requires any instrument conveying an
easement of right-of-way in land to a public service corporation to include a notice stating that the
grantee may have the right to obtain some or all of the rights being conveyed through exercise of
eminent domain, and that the owner has the right to choose not to convey rights that are not subject
to eminent domain. Before redistricting, Delegate Woodrum was a Democrat representing the 11th
District that includes parts of the city and county of Roanoke. He is retired from the legislature
because of redistricting.
five years Delegate Drake has been in the forefront of the movement to reform Virginia's eminent
domain laws. In 1999, she brought the Joint Legislative Committee Studying Eminent Domain to the
Tidewater area; assuring constituents who had been abusedby eminent domain an opportunity to
testify.
In 2000 patroned landmark legislation restricting the length of time property can be held under the
threat of eminent domain condemnation by a Redevelopment Housing Authority, without acquisition.
In the year 2002, her legislation gave property owners involved in a valuation dispute with a
condemning authority, the option of a pretrial settlement conference rather than the stress of
enduring a full trial. In 2002 she also worked with Senator Madison Marye to remove "sunset
restrictions" on eminent domain legislation he had patroned 2000 that required condemning
authorities to provide property owners a copy of the appraisal used to justify their offer.
For several years Delegate Drake led aVirginia Housing Commission Work Group, made up of
property owners, condemning authorities, and legislators to to examine the fairness of Virginia's
Eminent Domain Laws. In 2003 her legislation, which passed, required the Virginia Commissioner
of Transportation to: file condemnation proceedings within 180 days of recording the certificate to
take the property; present the same appraisal of the property's worth at the condemnation trial that
they presented to the property owner with their offer to purchase the property; and to pay interest, on
certain obligations, to those property owners whose land is taken by condemnation, at the rate
required by IRS Code, as opposed to the Department of the Tresurery's composite rate which had
been used. Delegate Drake is a Republican who represented the 87th district which includes the
city of Norfolk before being elected to the US House of Representatives.
The Honorable Senator Madison Marye In 1999 Senator Marye was among the first legislators to
demonstrate an awareness of possible problems with Virginia's Eminent Domain Law. That year
he introduced Senate Resolution 271 which established a Joint Legislative Committee to "examine
the means and adequacy of compensation to property owners whose land is taken by eminent
domain condemnation." For two years, under his chairmanship, this legislative committee
conducted state wide hearings and studied Virginia's eminent domain process.
The Committee's work resulted in a comprehensive package of reform legislation, patroned by
Senator Marye and designed to correct the major problems with unfairness that became obvious
during the study. Senator Marye's efforts resulted in passage of legislation that: required
condemning authorities to provide property owners a copy of the appraisal used to justify their offer;
gave property owners the option of choosing a jury rather than accepting appointed commissioners
(the old method) when facing a condemnor in court; increased the maximum compensation for a
survey conducted by the property owner from $100 to $1,000; and included provisisons of the Federal
Uniform Relocation Act in the Virginia Statute requirements.
However, because of relentless lobbying by condemning authorities, other very important reforms,
such as "reimbursement of property owner litigation expenses" that had been unanimously
recommended by the Study Committee, were defeated in the Senate Courts of Justice Committee,
before ever reaching the floor of the General Assembly. Senator Marye was a Democrat for the 39th
District which includes the counties of Montgomery, Grayson, Smyth, Pulaski (part), and all of the city
of Galax. Senator Marye retired in 2001 and his efforts in the behalf of property owners will be
missed.
The Honorable Delegate Richard Cranwell Delegate Cranwell introduced legislation designed to
assure prompt payment by VDOT when land is taken by condemnation. His bill changed the
timetable for distribution of funds in highway condemnation cases by requiring the use of facsimile
and overnight delivery services to ensure timely delivery of court orders and transfer of funds. The bill
also established a 25 percent penalty if the payment was not timely. Though property owners
dealing with eminent domain often face extended delays in receiving payment, this bill it did not
make it out of committee in 2001. Before redistricting, Delegate Cranwell, a Democrat, whose
position was eliminated through redistricting, served the citizens of part of the city of Roanoke. He is
now retirned.
The Honorable Delegate Alan Diamonstein Delegate Diamonstein spoke eloquently at the
Newport News public hearing in support of Legislative reform of Virginia's Eminent Domain Law. He
received a standing ovation from the full assembly of citizens when he stated, "The right to condemn
someone's property is the right to condemn their life." Before redistricting, Delegate Diamonstein
was a Democrat from Newport News.
The Honorable Delegate Wm. Robinson, Jr. Delegate Robinson introduced legislation during the
1999 session which requested that VDOT conduct a two-year study of the process by which it
provides benefits and relocation assistance to businesses as defined and provided for under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act (§25-235). Before
redistricting, Delegate Robinson was a Democrat from Norfolk.
The Honorable Delegate Clifton A. Woodrum Delegate Clifton "Chip" Woodrum (D) is responsible
for legislation that passed during the 2001 General Assembly which authorizes the governing body of
each locality in which a gas pipeline or electrical transmission line would be located to ask the State
Corporation Commission to consider directing the joint use of right-of-way in any case involving an
application for a certificate of convenience and necessity for new facilities.
Delegate Woodrum introduced other legislation which requires any instrument conveying an
easement of right-of-way in land to a public service corporation to include a notice stating that the
grantee may have the right to obtain some or all of the rights being conveyed through exercise of
eminent domain, and that the owner has the right to choose not to convey rights that are not subject
to eminent domain. Before redistricting, Delegate Woodrum was a Democrat representing the 11th
District that includes parts of the city and county of Roanoke. He is retired from the legislature
because of redistricting.
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