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
Community

Holman student named Miss Va. Coed Junior Teen


Holman Middle School student Victoria Nguyen recently was named Miss Virginia American Coed Junior Teen after competing in the Miss Virginia American Coed pageant in Williamsburg. She was the youngest competitor in her division. Nguyen now will advance to represent Virginia at the 2015 Miss American Junior Teen Pageant at Walt Disney World in Florida in November. > Read more.

Companion Extraordinaire to honor veterans May 14

Companion Extraordinaire Home Care and Skilled Services will be honoring veterans and current military members May 14 at 11 a.m. The event will take place at 5311 Lakeside Avenue.

Companion Extraordinaire dedicated a hall in its new Lakeside office as a “Wall of Honor” and will be presenting 13 military service men and women with certificates as well as placing their service photos on the wall.
> Read more.

Henrico student among 3 vying for national $10,000 scholarship

Public vote open through Friday to select winner
Henrico resident Haley Malloy is one of three national finalists for a $10,000 scholarship, whose winner will be determined by the vote of the public.

Malloy is a finalist for The Goddard School Anthony A. Martino Scholarship, which is open annually to any high school junior or senior who graduated from a Goddard School pre-kindergarten or kindergarten program. Applicants are evaluated based upon the work ethic and perseverance they have demonstrated – two key characteristics of Martino, the founder of the Goddard School franchise system. > Read more.

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Entertainment

Weekend Top 10


Music lovers unite! There are several great concerts this weekend beginning with Innsbrook After Hours who will be kicking off their 30th season with Foreigner, Lee Brice, and Rusted Root & The Wailers. The Richmond Women’s Chorus will present “Let Freedom Sing” at the Henrico Theatre tonight; The Taters will perform tomorrow at The Tin Pan; and the Richmond Choral Society will present “Sentimental Journey III” on Sunday at the Henrico Theatre. For all our top picks this weekend, click here! > Read more.

More than monkey business

Disneynature’s ‘Monkey Kingdom’ is its strongest yet

“Did you know monkeys could swim?” asks Tina Fey in Monkey Kingdom. While she’s asking, a toque macaque (a two foot-long monkey with red-white fur and great hair) breast-strokes under the surface of a pond, yanking out lily pad flowers by her teeth and dragging them ashore to munch later.

Turns out monkeys can swim. And slide down telephone poles. And do the thing from Flashdance where you bring down a cascade of water on your head and shake it off in slow-motion.

All will happen in Monkey Kingdom, the eighth film in nine years from Disneynature, Disney’s wildlife documentary outlet. > Read more.

Weekend Top 10


Relax this holiday weekend with Fridays Uncorked at Southern Season – taste wines from the Roman Empire! Or at James River Cellars who is hosting “Experience Virginia” – sample Virginia wine, beer, cider and mead. And what goes better with wine than strawberries – an annual tradition in Varina, the Gallmeyer Farms’ Strawberry Fields Festival is tomorrow. Other fun happenings this weekend include: “A Little Princess” at The Cultural Arts Center at Glen Allen; weekly dance at American Legion Post 125; and National Theatre Live’s “Man and Superman” at the University of Richmond. For all our top picks this weekend, click here! > Read more.

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