Henrico County VA

Resolution strengthens property rights

This land is my land — not your land.

Virginians’ private property rights would be more secure under a resolution passed by the General Assembly to restrict the government’s eminent domain powers. The resolution seeks to amend the Virginia Constitution to strengthen property right protections.

Gov. Bob McDonnell said passage of the resolution last week “is a step in the right direction and is a long time coming.”

“For too long, government and certain business interests colluded to make it possible to take the land of one landowner and give it to another, merely for the purpose of increasing tax revenue or employment or for private gain,” the governor said.

On Tuesday, the Senate voted 35-5 for House Joint Resolution 693. The following day, the House gave its final approval of the measure, 83-15. If the General Assembly passes the resolution again next year, voters will consider the constitutional amendment in a statewide referendum in 2012.

As a state legislator in 2007, McDonnell sponsored a proposal similar to HJ 693, but it failed.

“Every year since then, the General Assembly and special interests have attempted to chip away at those protections,” McDonnell said. “That is why there was a need to put these very fundamental rights in the Virginia Constitution and protect them from the political whims of future legislatures.”

Just two weeks earlier, the Senate had defeated a motion to consider HJ 693 on a party-line vote, with all 22 Democratic senators opposing the measure.

But last week in the Senate, 17 Democrats joined all 18 Republicans to approve the resolution. The reversal came after the measure was approved by one-vote margins by both a subcommittee of the Senate Privileges and Elections Committee and by the full committee.

HJ 693 was sponsored by Delegate Johnny Joannou, a Democrat from Portsmouth. It would add these words to the state Constitution:

“The General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

“No private property shall be damaged or taken for public use without just compensation to the owner thereof.”

“No more private property may be taken than necessary to achieve the stated public use.”

“Just compensation shall be no less than the value of the property taken, business goodwill and access lost, damages to the residue caused by the taking, and damages to adjacent property caused by the taking.”

“A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services.”

“In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property.”

“The condemnor bears the burden of proving that the use is public, without a presumption that it is.”

According to McDonnell, the resolution will ensure that “the cost of taking private property be borne by the public, not the individual property owner.”

“The public at large benefits from the property, and so it should bear the total cost, which includes compensating landowners for loss of profits when businesses are forced to move, and loss of access when property is taken which gave a landowner access to his land,” McDonnell said.

Before the legislative session began, the state’s Republican leadership said it would push for protecting the property rights of Virginians. This was a priority for McDonnell, Lt. Gov. Bill Bolling, Attorney General Ken Cuccinelli and the Senate and House Republicans, noted Sen. Thomas Norment Jr., R-Williamsburg.

Sen. Stephen Newman, R-Lynchburg, chairman of the Virginia Senate Republican Caucus, said the resolution’s passage was a major victory for all Virginians dedicated to ensuring private property rights.

“It is also an important victory for Senate Republicans,” Newman said. “Our persistence and commitment have paid off.”

Legislators see the proposed constitutional amendment as a corrective to the U.S. Supreme Court’s 2005 decision in Kelo v. City of New London, Conn. In that case, the court ruled 5-4 that the power of eminent domain could be used to transfer land from one private owner to another to further economic development.

Sen. Emmett Hanger Jr., R- Mount Solon, said the constitutional protections would have the greatest impact on Virginia’s farming communities.

“Even before the Kelo decision made this a national issue, leaders in rural communities and agribusiness were advocating measures to limit eminent domain,” Hanger said.

“The passage of this amendment is great news for rural Virginians.”

To track or comment on House Joint Resolution 693, visit http://www.richmondsunlight.com/bill/2011/hj693
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Community

Anthem ‘LemonAid’ registration opens


Last summer, hundreds of Anthem LemonAid stands dotted Central Virginia and raised more than $100,000 in support of cancer treatment and research at Children’s Hospital of Richmond at VCU (CHoR). This July 17-19, Anthem is inviting community members to host an Anthem LemonAid stand in support of the children who are battling the disease. During the past 13 summers, Anthem LemonAid has raised more than $1 million. All funds raised support the Hematology and Oncology Clinic at the Children's Hospital of Richmond at VCU.

Anthem LemonAid is Children’s Miracle Network Hospitals’ signature summer event. It’s free to participate and is designed for children, families, community groups and businesses alike. > Read more.

Tree seedling giveaway planned April 2-3


The Henricopolis Soil & Water Conservation District will sponsor a tree seedling giveaway on April 2 at Dorey Park Shelter 1 from 2:30 p.m. to 6:30 p.m. and on April 3 at Hermitage High School parking lot from 8:30 a.m. to 1:30 p.m. Bare-root tree seedlings are available to Henrico County residents free of charge for the spring planting season.

The following seedling species will be available: apple, kousa dogwood, red maple, river birch, red osier dogwood, loblolly pine, sycamore, bald cypress, white dogwood and redbud. Quantities are limited and trees are available on a first-come, first-served basis. Each participant is allowed up to 10 trees total, not to include more than five of the same species. > Read more.

State provides online directory of Bingo games


Wondering where to go to play Bingo? Wonder no more.

The Virginia Department of Agriculture and Consumer Services (VDACS) recently launched an online directory of permitted bingo games played in Virginia. Listed by locality, more than 400 regular games are available across the state. The directory will be updated monthly and can be found on VDACS’ website at http://www.vdacs.virginia.gov/gaming/index.shtml.

“Many Virginia charities, including volunteer rescue squads, booster clubs and programs to feed the homeless, use proceeds from charitable gaming as a tool to support their missions, said Michael Menefee, program manager for VDACS’ Office of Charitable and Regulatory Programs. > Read more.

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Entertainment

Weekend Top 10


There are several fun events this weekend taking place outside including the third annual Virginia Firefighter Games at Short Pump Town Center; Twin Hickory Park’s “April Showers: A Celebration of Spring” event; the Young Life Richmond West 5k in Innsbrook; and the Gold Festival on Broad which benefits Prevent Child Abuse Virginia. Fingers crossed for no rain! For all our top picks this weekend, click here! > Read more.

Weekend Top 10


The University of Richmond will host its annual Global Family Concert this weekend – a free, family friendly concert featuring Japanese, Indonesian, West African, Indian, and Brazilian music and dance performances. Country music fans can head to The Cultural Arts Center at Glen Allen for “An Evening of Country” featuring The Honky Tonk Experience. Enjoy the spring weather at Meadow Farm for “Sheep to Shawl” or join the Henrico Hiking Club at James River Park. For all our top picks this weekend, click here! > Read more.

Restaurant watch

Find out how your favorite dining establishments fared during their most recent inspections by the Virginia Department of Health. > Read more.

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The first annual InspireYouth@Work Summer Opportunities Fair will be held from 9 a.m. to 1 p.m. at 121 Cedar Fork Rd., near the intersection of Laburnum and Nine Mile Rd.… Full text

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