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

Henricus to portray ‘Arnold’s Raid on Richmond’ Jan. 31


The Henricus Historical Park in Chesterfield this weekend will portray "Arnold's Raid on Richmond," which took place in 1781 when British General Benedict Arnold took his small British and Loyalist forces and raided Richmond as Governor Thomas Jefferson watched from the safety of Manchester.

The event will take place Jan. 31 from 9 a.m. to 3 p.m. Period-dressed historical interpreters will occupy the bluff overlooking the James River.

Visitors are invited to join the American militia, British regulars, Hessians and Loyalists in camp. > Read more.

‘Secret Keeper Girl - Crazy Hair Tour’ returning to West End Assembly of God

Hundreds of 'tweens' and their moms will attend the Secret Keeper Girl Crazy Hair Tour at West End Assembly of God on Jan. 22 at 6:30 p.m., a popular Bible-based tour geared toward building and strengthening relationships between mothers and their daughters (typically ages 8 to 12).

The event will feature a full fashion show, oversized balloon sculptures and confetti cannons – all in the name of inner beauty, Biblical modesty and vibrant purity. > Read more.

OutRVA, ‘Say I Do!’ to give away all-expenses paid wedding at Lewis Ginter

OutRVA and Say I Do! have collaborated to offer LGBT couples an opportunity to win an all-expenses-paid wedding at Lewis Ginter Botanical Garden’s Robins Tea House on March 7.

In September, Richmond Region Tourism launched OutRVA, a campaign designed to show people Richmond’s strong LGBT community and highlight the area as a travel destination.

The winning couple will say "I do" in a ceremony coordinated by event designer and floral artist Casey Godlove of Strawberry Fields Flowers & Gifts and marriage concierge, Ayana Obika of All About The Journey. The couple will receive wardrobe and styling, a custom wedding cake, florals, an overnight stay at the Linden Row Inn (including a suite on the day of the wedding for preparation), and a post-wedding brunch at the Hilton Garden Inn on Sunday, March 8. > Read more.

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Entertainment

Weekend Top 10


There are a bunch of unique events just for kids this weekend in Henrico! Virginia Repertory Theatre’s production of “The Maggie Walker Story” opens tonight at The Children’s Theatre at Willow Lawn. On Saturday, Walkerton Tavern will host a tea party and the Children’s Museum of Richmond-Central will celebrate the Lunar Year of the Goat with several exciting activities. Ages 11-13 are invited to an “Introduction to Volleyball” workshop on Sunday at the Eastern Henrico Recreation Center. For all our top picks this weekend, click here! > Read more.

CAT Theatre announces auditions for ‘Quartet’

CAT Theatre will hold auditions for Quartet on Saturday, Feb. 21, from 4 p.m. to 7 p.m., and Sunday, Feb. 22, from 3 p.m. to 6 p.m. Auditions will be held at the theatre, located at 319 N. Wilkinson Road in Richmond. Quartet will run May 22 through June 6 and will close out CAT’s 51st season.

Director Laurie Follmer is seeking two males, ages 50-70 and two females ages 50-70. British accents are required for roles and are requested for auditions. There is no actual singing in the show. Singing ability and experience is not a requirement. Audition sides are available at http://www.cattheatre.com on the Audition Page. > 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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