Eminent Domain

Passed

P HB132

Eminent domain; determining just compensation. Removes the option of the landowner to choose commissioners to hear an eminent domain case. Only jurors or the court shall be permitted to hear such a matter. All of the jurors in an eminent domain proceeding are required to be freeholders in the jurisdiction of the land in question. Additionally, from of an original panel of 13 jurors, each party will be granted four preemptory strikes.
Patron - Cosgrove

P HB241

Offer of repurchase to former owner; nonwaivable right. Eliminates the language relating to the waiver of the right to the offer of repurchase in cases of eminent domain and clearly states that such right cannot be waived.
Patron - Suit

P HB631

Mandatory dispute resolution orientation session. Requires that the parties in a condemnation proceeding attend a dispute resolution orientation session.
Patron - Phillips

P HB975

Land use and eminent domain adjacent to certain jet bases; advisory council. Provides that the governing body of any locality in which a United States Navy Master Jet Base or an auxiliary landing field used in connection with flight operations arising from such Master Jet Base is located shall (i) adopt zoning ordinances that require the governing body to consider certain Navy guidelines in deciding discretionary applications for property in noise levels 70 dB DNL or greater, (ii) undertake an evaluation of undeveloped properties located in noise zones 70 dB DNL or greater to determine the suitability of such properties for rezoning classifications that would prohibit incompatible uses, (iii) adopt such ordinances or take such other actions as may be recommended in any Joint Land Use Study that has been officially approved by the Navy and the governing body of the locality, and (iv) establish programs to purchase land or development rights from willing sellers in the corridor of land underneath the flight path between the Master Jet Base and the auxiliary landing field known as an interfacility traffic area. Also, such localities are granted authority to exercise the limited right of eminent domain at the request of property owners in acquisition of any lands, easements, and privileges for the purpose of protecting public safety by providing unobstructed airspace for the landing and takeoff of aircraft utilizing such Master Jet Base and preventing incompatible development within Accidental Potential Zone 1 areas surrounding such Master Jet Base. This bill also creates the Oceana/Fentress Military Advisory Council as a subunit of the Virginia Military Advisory Council. The provisions of this act and all authority therein shall terminate in the event that the aircraft and activities necessary to support the operations of a Master Jet Base are designated for realignment outside the locality. This bill is identical to SB 565.
Patron - Suit

P HB1099

Eminent domain. Raises from $50,000 to $75,000 the cap on relocation expenses that may be paid to certain persons displaced from their business or farm operation.
Patron - Griffith

P SB565

Land use and eminent domain adjacent to certain jet bases; advisory council. Provides that the governing body of any locality in which a United States Navy Master Jet Base or an auxiliary landing field used in connection with flight operations arising from such Master Jet Base is located shall (i) adopt zoning ordinances that require the governing body to consider certain Navy guidelines in deciding discretionary applications for property in noise levels 70 dB DNL or greater, (ii) undertake an evaluation of undeveloped properties located in noise zones 70 dB DNL or greater to determine the suitability of such properties for rezoning classifications that would prohibit incompatible uses, (iii) adopt such ordinances or take such other actions as may be recommended in any Joint Land Use Study that has been officially approved by the Navy and the governing body of the locality, and (iv) assemble available funding from federal, state, and local sources to purchase land or development rights from willing sellers in the corridor of land underneath the flight path between the Master Jet Base and the auxiliary landing field known as an interfacility traffic area. Also, such localities are granted authority to exercise the limited right of eminent domain at the request of property owners in acquisition of any lands, easements, and privileges for the purpose of protecting public safety by providing unobstructed airspace for the landing and takeoff of aircraft utilizing such Master Jet Base and preventing incompatible development within Accidental Potential Zone 1 areas surrounding such Master Jet Base. This bill also creates the Oceana/Fentress Military Advisory Council as a subunit of the Virginia Military Advisory Council. The provisions of this act and all authority therein shall terminate if the aircraft and activities necessary to support the operations of the Master Jet Base are designated for realignment. This bill is identical to HB 975.
Patron - Stolle

Failed

F HB94

Eminent domain; definition of public uses. Provides a definition of public uses as embracing only the ownership, possession, occupation, and enjoyment of land by the public or public agencies, and public corporations and public service companies. The bill states that public benefits or potential public benefits including economic development or private development, an increase in the tax base, tax revenues, employment, or general economic health and welfare shall not be considered when determining whether a use constitutes a public use.
Patron - Suit

F HB397

Reimbursement for damages. Requires the court to award the property owner legal fees and costs in a condemnation proceeding if the petitioner maliciously damaged the property or the court awards the property owner at least 20 percent more than the petitioner's offer.
Patron - Wittman

F HB746

Condemnation; economic development. Provides that no state funds shall be used for any condemnation undertaken for purposes of economic development, including blight removal, unless approved by the General Assembly and the Governor. This bill was incorporated into HB 94.
Patron - Purkey

F HB902

Eminent domain; definitions. Provides that the definition of "public uses" shall not include the taking of private property for the primary purpose of tax-revenue enhancement.
Patron - Iaquinto

F HB925

Reimbursement for damages for entry by Virginia Department of Transportation. Provides that a property owner shall have the right to recover costs against VDOT should he prevail at the condemnation proceeding.
Patron - Landes

F SB394

Eminent Domain; public use. Provides a definition of public uses and specifies instances in which the condemnation of real property may be used by a public entity to convey such property to a nongovernmental person or entity. This bill incorporates SB 131, SB 336, and SB 631.
Patron - Stolle

Carried Over

C HB923

Compensation for condemned property. Includes business losses and highway access in the definition of compensation that a property owner is entitled to should his property be condemned.
Patron - Landes

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