General Assembly>Division of Legislative Services>Publications>Session Summaries>2007>General Provisions of Virginia Code

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General Provisions of Virginia Code

Passed

P HB 2431

Reversion of federal lands to the Commonwealth. Authorizes the Commonwealth to take title to federal lands located within the Northern Virginia Planning District that contain environmental contamination if the United States enters into a written agreement with the Commonwealth, in a form to be approved by the Attorney General, to indemnify the Commonwealth for associated liabilities and clean-up costs or otherwise provides satisfactory assurances that all corrective action necessary to protect human health and the environment will be taken at the sole expense of the United States. The bill further provides that in addition, such transfer or reversion shall not occur unless and until the United States has agreed, and provides assurances satisfactory to the Commonwealth, to provide all transportation infrastructure improvements required to accommodate the development of any property contiguous or adjacent to the property subject to the transfer or reversion.
Patron - Albo

P HB 2954

Public uses; eminent domain. Defines the term "public uses" as embracing only the acquisition of property where (i) the land is taken for the possession, occupation and enjoyment by the public or a public corporation; (ii) the land is taken for construction, maintenance and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public corporation providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; and (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition. The bill also states that property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation. The bill defines the terms "blighted property," "government utility corporation," "public corporation," and "public facilities." The bill also provides that a property owner may challenge that a taking is a pretext for an unauthorized use. A former property owner, or his successors, may also request to repurchase the taken property upon the completion or abandonment of the stated public use. The bill does not apply to the forfeiture of property in connection with criminal act or real property that is subject to a certificate of take or deposit recorded prior to July 1, 2007. The bill also does not affect the ability of a redevelopment and housing authority to acquire property under a plan adopted prior to January 1, 2007 until July 1, 2010. This bill is identical to SB 781 and SB 1296.
Patron - Bell

P HB 3076

State festival. Designates the Virginia Covered Bridge Festival held in Patrick County as the official covered bridge festival of the Commonwealth. This bill is identical to SB 1375.
Patron - Armstrong

P SB 781

Public uses; eminent domain. Defines the term "public uses" as embracing only the acquisition of property where (i) the land is taken for the possession, occupation and enjoyment by the public or a public corporation; (ii) the land is taken for construction, maintenance and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public corporation providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; and (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition. The bill also states that property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation. The bill defines the terms "blighted property," "government utility corporation," "public corporation," and "public facilities." The bill also provides that a property owner may challenge that a taking is a pretext for an unauthorized use. A former property owner, or his successors, may also request to repurchase the taken property upon the completion or abandonment of the stated public use. The bill does not apply to the forfeiture of property in connection with criminal act or real property that is subject to a certificate of take or deposit recorded prior to July 1, 2007. The bill also does not affect the ability of a redevelopment and housing authority to acquire property under a plan adopted prior to January 1, 2007 until July 1, 2010. This bill incorporates SB 1037 and SB 1096 and is identical to SB 1296 and HB 2954.
Patron - Cuccinelli

P SB 1255

Courthouse; posting of notices. Provides that whenever notices, summonses, orders, and other official documents are required to be posted on or at the front door of a courthouse or on a public bulletin board at the courthouse, this requirement can be met if such documents are posted at or near the principal public entrance to the courthouse in a conspicuous location that has been approved by the chief judge of the circuit in which the courthouse is situated.
Patron - Herring

P SB 1296

Public uses; eminent domain. Defines the term "public uses" as embracing only the acquisition of property where (i) the land is taken for the possession, occupation and enjoyment by the public or a public corporation; (ii) the land is taken for construction, maintenance and operation of public facilities by public corporations or by private entities provided that there is a written agreement with a public corporation providing for the use of the facility by the public; (iii) the land is taken for the creation or functioning of a public service corporation, public service company, or railroad; (iv) the land is taken for the provision of utility services by a government utility corporation; (v) the land taken is blighted and is taken for the elimination of blight; and (vi) the property is taken in a redevelopment or conservation area that is abandoned or the acquisition is needed to clear title where one of the owners agrees to such acquisition. The bill also states that property can only be taken when the public interest dominates the private gain and the primary purpose is not private financial gain, private benefit, an increase in tax base or revenues, or an increase in employment, except if the property is taken for the creation or functioning of a public service corporation, public service company, or railroad, or for the provision of authorized utility services by a government utility corporation. The bill defines the terms "blighted property," "government utility corporation," "public corporation," and "public facilities." The bill also provides that a property owner may challenge that a taking is a pretext for an unauthorized use. A former property owner, or his successors, may also request to repurchase the taken property upon the completion or abandonment of the stated public use. The bill does not apply to the forfeiture of property in connection with criminal act or real property that is subject to a certificate of take or deposit recorded prior to July 1, 2007. The bill also does not affect the ability of a redevelopment and housing authority to acquire property under a plan adopted prior to January 1, 2007 until July 1, 2010. This bill incorporates SB 1304 and SB 1390. This bill is identical to SB 781 and HB 2954.
Patron - Norment

P SB 1375

State festival. Designates the Virginia Covered Bridge Festival held in Patrick County as the official covered bridge festival of the Commonwealth. This bill is identical to HB 3076.
Patron - Reynolds

Failed

F HB 1837

Official fruit. Designates the Ginger Gold Apple as the official fruit of Virginia.
Patron - Amundson

F HB 2629

Use of Matricula Consular cards. Declares that a Matricula Consular identification card shall not constitute evidence, and shall not be used in the Commonwealth by any individual as a means of establishing that the individual to whom such card was issued is a lawful resident of the Commonwealth or otherwise is an individual whose presence in the Commonwealth is in compliance with the laws of the United States.
Patron - Reid

F HB 2662

State Song. Designates "Virginia, Ever Enshrined" as the state song of the Commonwealth.
Patron - Marsden

F HB 2797

Constitutional right to enjoyment of life. Provides that "the right to enjoyment of life" guaranteed by Article 1, § 1 of the Constitution of Virginia is vested in each born and preborn human being from the moment of fertilization.
Patron - Marshall, R.G.

F HB 2914

State song. Designates "Cradle of Liberty," by Thomas L. DeBusk, as the official state song.
Patron - Bowling

F HB 3185

State Song. Designates "Virginia" as the state song of the Commonwealth.
Patron - Crockett-Stark

F SB 779

Official fruit. Designates the apple as the official fruit of Virginia.
Patron - Puller

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