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
The Richmond West Breakfast Lions Club (based in western Henrico) recently donated 59 backpacks to the Westover Hills Elementary School on Jahnke Road.
Above, club members display some of the backpacks prior to their distribution. > Read more.
Thanks to a first-place win in The American Protege International Vocal Competition 2014, Glen Allen High School student Matija Tomas will travel to New York City to perform at Carnegie Hall in December.
At the first-place winners recital in Weill Hall, Matija will perform Giacomo Puccini’s opera aria, “Chi il bel sogna di doretta.” She will perform with other vocalists from around the world and have the opportunity to win other awards and scholarships.
Locally, Thomas has performed with Richmond’s renowned Glorious Christmas Nights, Christian Youth Theatre, and WEAG’s Urban Gospel Youth Choir. > Read more.
The John Rolfe YMCA and Gayton Baptist Church have partnered in an effort to bring greater health and wellness opportunities to the community.
Through this partnership, the John Rolfe Y will run Youth Winter Sports programs, including basketball and indoor soccer, in Gayton’s newly renovated $5.5 million outreach center that features a new gymnasium, youth and teen space, social space with café, meeting space and full service commercial kitchen. > Read more.
Urban Tavern’s big, bold themes impress
The Urban Tavern opened in August, replacing the former Shackelford’s space at 10498 Ridgefield Parkway in Short Pump. Because of local and longtime devotion to Shackleford’s, Urban Tavern has some big shoes to fill.
Without any background information, I headed to the restaurant for dinner on a Wednesday night, two months after its opening.
On a perfect fall evening, four out of eight outdoor tables were taken, giving the impression that the restaurant was busier than it was. On the inside, a couple tables were taken, and a few folks were seated at the bar. > Read more.
‘Alexander’ provides uncomplicated family fun
It’s not surprising in the least that Alexander and the Terrible, Horrible, No Good, Very Bad Day doesn’t much resemble the book it’s based upon.
Judith Viorst’s 1972 picture book isn’t exactly overflowing with movie-worthy material. Boy has bad day. Boy is informed that everyone has bad days sometimes. Then, the back cover.
In the film, the terrible, horrible, no good, very bad-ness is blown up to more extreme size. Alexander Cooper (Ed Oxenbould) has a bum day every day, while the rest of his family (Steve Carell, Jennifer Garner, Dylan Minnette, Kerris Dorsey) exist in a constant bubble of perfection and cheery optimism – to the point that the family is so wrapped up in their own success that Alexander’s being ignored.
So on the eve of his 12th birthday, Alexander makes a wish: just once, he’d like his family to see things from his perspective; to experience the crushing disappointment of one of those no good, very bad days. Once he has blown out the candle on his pre-birthday ice cream sundae, his family’s fate is sealed: one full day of crippling disasters for all of them. > Read more.
Tickets for Deep Run High School’s fall musical production – Aida – will go on sale Nov. 3. The Elton John-Tim Rice pop opera, inspired by Verdi’s classic opera, tells the story of enslaved Nubian princess Aida, who falls for captain of the guard Radames, who is betrothed to the Egyptian princess.
Performances will be held Nov. 13-15 at 7 p.m. each day. > Read more.
Performances will be held Nov. 13-15 at 7 p.m. each day. > Read more.
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