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
Citizen Staff Reports 12/22/2014
Henrico residents can recycle their Christmas trees after the holidays at one of several locations in the county.
From Dec. 26 through Jan. 11, trees will be accepted at the following spots:
• Springfield Road Landfill Public Use Area, near Nuckols Road and I-295 – open from 7:30 am to 7 pm daily, except holidays;
• Charles City Road Landfill Public Use Area – 7:30 am to 7 pm daily, except holidays; > Read more.
Citizen Staff Reports 12/15/2014
CVWMA curbside recycling collection and trash collections will have a one day delay in collections Dec. 25-26 and Jan. 1-2. There will be no collections on Dec. 25 or Jan. 1.
Curbside recycling collections Monday through Wednesday will be on regular schedule. Red Thursday and Red Friday curbside recyclers will have a one day delay in collection services Dec. 25-26. Blue Thursday and Blue Friday curbside recyclers will have one day delay in collection services Jan. 1-2. Containers should be placed at the curb by 7 a.m. on collection day. All Friday collections will take place on Saturday. > Read more.
Mothers Against Drunk Driving (MADD) will host a candlelight vigil of remembrance and hope Tuesday, Dec. 2 at 7 p.m. at the University of Richmond, outside the Cannon Chapel. The public is invited to attend and join MADD to honor victims of impaired driving crashes, while helping to remind the community to be safe during the holidays. > Read more.
‘Jingle All the Way 2’ is expectedly flawed
Was anyone asking for an extra-large helping of Larry the Cable Guy this Christmas? If so, you can thank Santa Claus for Jingle All the Way 2.
If not, you can be like the rest of us and curse Santa for his folly in creating such a film. Santa, we neither wanted nor needed this.
A follow-up to the much-derided 1996 Christmas film Jingle All the Way, Jingle All the Way 2 isn’t so much a sequel as it is an odd kind of remake, offering a few original twists on the original’s dad-vs-dad holiday showdown, but also copying large chunks of the original without alteration. > Read more.
Find out how your favorite dining establishments fared during their most recent inspections by the Virginia Department of Health. > Read more.
Several holiday performances take place this weekend in Henrico including “It’s a Wonderful Life” and Theatre IV on Tour’s “’Twas the Night Before Christmas” – both at The Cultural Arts Center at Glen Allen. The Central Virginia Masterworks Chorale will perform Vivaldi’s “Gloria” at River Road Church, Baptist and the Virginia Repertory Theatre will present “Santa’s Christmas Miracle” at the Children’s Theatre at Willow Lawn. A fun annual tradition, now in its 14th year, will be at SkateNation Plus in Short Pump – Chabad of Virginia’s Chanukah on Ice. For all our top picks this weekend, click here! > Read more.
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CalendarTrinity United Methodist Church, 903 Forest Ave. (288-6056) – 4 p.m., 6 p.m., 8:30 p.m. and 11 p.m.; Gayton Baptist Church, 13501 N. Gayton Rd. (360-2801) – 3 p.m., 4:30… Full text