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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Crime Stoppers’ Crime of the Week: May 22, 2017

This week, Crime Stoppers needs your help to find the suspects vandalizing Dominion Energy equipment in Varina.

On Feb. 6 and May 3, someone shot at equipment belonging to Dominion Energy. Both incidents occurred near Kingsland Road between the hours of midnight and 3 a.m. The equipment was damaged, causing a major inconvenience to customers who lost power and posing a safety hazard to people nearby. > Read more.

A place to excel

It's no surprise when a business deal begins to take shape during a golf outing.

Perhaps less common is the business deal that percolates during a youth football practice. But such was the case for Varina District Supervisor Tyrone Nelson.

During a visit to former Varina High School football star Michael Robinson's football camp, Nelson was discussing with Robinson his excitement for the new Varina Library, whose opening last June was at that time forthcoming.
> Read more.

Business in brief


Long & Foster Real Estate recently named Amy Enoch as the new manager of its Tuckahoe office. Enoch brings more than 15 years of real estate expertise to her new position, and she most recently led Long & Foster’s Village of Midlothian office. Enoch has served in both sales and management positions during her tenure at Long & Foster. Prior to her real estate career, Enoch worked in information technology and hospitality. She is a graduate of Radford University, where she earned a Bachelor of Science degree in economics, English and history. Enoch has also received the designation of Graduate, Realtor Institute (GRI) from the National Association of Realtors, and this showcases her expertise in the fundamentals of real estate. > Read more.

Henrico recognized as a 2017 ‘Playful City USA’ community


A national nonprofit organization, KaBOOM!, has selected Henrico County as a 2017 Playful City USA community. The organization encourages communities to bring fun and balanced activities to children every day.

Henrico's selection is joined by the city of Richmond, town of Ashland, as well as the counties of Charles City, Chesterfield, Goochland, Hanover, New Kent and Powhatan. All of the localities make up the first region completely recognized through Playful City USA. > Read more.

Gallagher Foundation serves more than 14,000 teens in first year


In its first year, The Cameron K. Gallagher Foundation reached 14,000 teens through its programs from Spring 2016 to date. The foundation is dedicated to spreading positivity and erasing stigmas by educating and creating awareness on depression, anxiety and stress among teens. CKG delivers programs at schools, community events and its West End office.

“Students are in need of the information in the workshops, whether they know it or not, and they aren’t getting it anywhere else,” said Beth Curry, Director of Health and Wellness at The Steward School. > Read more.

Henrico Business Bulletin Board

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The READ Center will hold new tutor training to become an Adult Literacy Tutor from 10:30 a.m. to 5:30 p.m. at Ginter Park Library, 1200 Westbrook Ave. If you can read this, you can help someone who can’t. More than 65,000 adults in the Richmond metro area cannot read well enough to function in today’s society. The READ Center helps adults with low literacy skills (in Richmond, Henrico and Chesterfield) develop reading and communication skills through classroom and one-to-one tutoring. For details, visit http://www.readcenter.org or email Dawniece Trumbo at .(JavaScript must be enabled to view this email address). Full text

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