2012.02.13
Va. Senate votes to restrict local government land grabs
RICHMOND – A measure limiting localities’ power to take private land passed the Virginia Senate Monday over the objections of a Republican who said political fervor is blinding officials to its potential harms.
Senators approved the proposed amendment to Virginia’s constitution on a 23-17 vote with support from five Democrats, Norfolk Sen. Ralph Northam among them, making it a likely ballot question before voters in November.
A coalition of social conservative, business and agricultural groups support the property rights initiative, which would prohibit government land grabs except for public use.
Representatives of Virginia’s counties and cities strenuously oppose it on the grounds it could increase the cost of condemning property, a process known as eminent domain.
Joining the Democrats who opposed the resolution were Republican Sens. Harry Blevins of Chesapeake and John Watkins of Powhatan County. Sens. Creigh Deeds of Bath County, John Edwards of Roanoke and Phil Puckett of Russell County were among the Democrats who voted for the resolution, SJ 3.
Watkins suggested an amendment is unnecessary because Virginia in 2007 adopted eminent domain controls that haven’t been shown to be flawed. He argued officials are rushing ahead without adequately understanding how the measure will affect efforts to encourage economic development.
Calls for change followed a 2005 U.S. Supreme Court decision affirming localities’ ability to transfer private property to a developer for economic development reasons.
Key champions for changing Virginia’s eminent domain rules are Attorney General Ken Cuccinelli; two fellow Republicans who want to succeed him, Del. Rob Bell of Albemarle County and Sen. Mark Obenshain of Harrisonburg; and Del. Johnny Joannou, D-Portsmouth.
Obenshain’s resolution passed the Senate Monday; Bell’s version is pending in the House of Delegates.
Related legislation has been filed to provide “just compensation” for the lost profits of proprietors whose land is taken by government.
-Julian Walker, The (Norfolk) Virginian-Pilot
