General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>Eminent Domain


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Eminent Domain

Passed

P HB 1800

Condemnation cases; jury selection. Provides that jury selection in condemnation cases shall conform to the procedures established in Chapter 11 (§ 8.01-336 et seq.) of Title 8.01 and makes conforming changes to § 25.1-229. Five persons from a panel of not fewer than 13 jurors shall constitute a condemnation jury.This bill also provides that jury commissioners shall determine the freeholder status of all qualified jurors. As introduced the bill was a recommendation of the Judicial Council. This bill is identical to SB 1068.
Patron - Cosgrove

P HB 3199

Costs in a condemnation action; written appraisal report. Requires the owner to provide a condemning party a written report of appraisal, provided it is the same type of report furnished to the owner and that complies with the requirements of the Uniform Standards of Professional Practice, in order to obtain costs and fees under § 25.1-245 and creates § 24.1-417.1 whereby a property owner can receive a partial reimbursement of costs of a written appraisal report if no agreement can be reached when the offer made by the Department of Transportation exceeds $250,000 or the owner contends that just compensation exceeds $250,000. In order to be entitled to reimbursement, the owner must submit the appraisal report, which appraisal is equal to or greater than $250,000, at least 60 days prior to trial. The court may, in its discretion, allow reimbursement in cases when the appraisal is less than $250,000.
Patron - Athey

P SB 1068

Condemnation cases; jury selection. Provides that jury selection in condemnation cases shall conform to the procedures established in Chapter 11 (§ 8.01-336 et seq.) of Title 8.01 and makes conforming changes to § 25.1-229. Five persons from a panel of not fewer than 13 jurors shall constitute a condemnation jury.This bill also provides that jury commissioners shall determine the freeholder status of all qualified jurors. As introduced the bill was a recommendation of the Judicial Council. This bill is identical to HB 1800.
Patron - McDougle

Failed

F HB 1819

Definition of public uses; no takings for purpose of conservation. Prohibits the taking of private land for the purpose of conservation.
Patron - Suit

F HB 2397

Burden of establishing public use; condemnor. Places a burden on the condemnor to prove by a preponderance of the evidence that the public use being relied upon in the taking is a public use that benefits the community in proximity to the property that is the subject of the condemnation action.
Patron - Athey

F HB 3115

Eminent domain; compensation for damage to viewshed. Allows for just compensation to be provided for properties within 2,000 feet of the property to be taken or damaged in an eminent domain proceeding, if the viewshed of such other properties will be damaged by reason of such taking and use.
Patron - May

F SB 1096

Eminent domain; definition of public uses. Provides a definition of the term "public uses" mentioned in Article I, Section 11 of the Constitution of Virginia and specifies certain exceptions to this definition, including when the taking of land is for the primary purpose of (i) conferring financial gain on a private person, (ii) enhancing tax revenues, or (iii) furthering economic development or employment. The bill also clarifies that if the property to be taken is used in connection with the operation of a business, any business losses incurred must be included in determining just compensation and any damages for the landowner. The bill also provides that the power of eminent domain can only be used to take property to eliminate blight if the property in question is in fact blighted and serves to endanger the public health, safety, or welfare. The bill also provides that a landowner may be awarded reasonable costs, including attorney and appraisal fees, if the amount of just compensation and damages awarded to a landowner exceeds the amount of the final written offer made by the petitioner. Current law only permits an award of reasonable costs if the amount of just compensation and damages is 30% more than the amount of the final written offer and does not permit an award of attorney fees. This bill was incorporated into SB 781.
Patron - Obenshain

F SB 1297

Costs in a condemnation action; written appraisal report. Requires an owner to provide a condemning party a written report of appraisal that complies with the requirements of the Uniform Standards of Professional Appraisal Practice to obtain costs and fees under § 25.1-245.
Patron - Norment

F SB 1304

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. This bill was incorporated into SB 1296.
Patron - Newman

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