Real Estate & Property Law

Virginia Still Fights Against Kelo

By Alan Ackerman

Inevitably, Virginia will catch up to states like Michigan, which have enacted constitutional amendments limiting eminent domain to true public uses. These measures forbid condemnations for mere economic development that generates profit for private business. Right now, Virginia Delegates are having a difficult time convincing their Senate counterparts that a constitutional amendment is necessary to avoid the whims and capriciousness of condemning authorities.

Hampton Roads

The House of Delegates approved an amendment to the state Constitution Tuesday restricting the power of eminent domain - the ability of government entities to take private property.

The measure is unlikely to survive in the state Senate, however.

Offered by Del. Johnny Joannou, D-Portsmouth, and three Republican co-sponsors, HJ693, says property can be taken only for public use.

The measure specifically bars such takings "if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development."

Approved on an 81-18 vote, the bill now goes to the Senate.

Full post as published by National Eminent Domain Blog on February 15, 2011 (boomark / email).