Eminent domain

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Eminent Domain is the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. [1]

Uses


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Eminent domain was used extensively during the redevelopment of Vinegar Hill.[citation needed]

House Bill 5

Virginians will vote on an amendment concerning eminent domain in November 2012. This amendment, that would change the text of the current Article I of the Bill of Rights, has been proposed by Del. Robert B. Bell. Bell's goal with the new amendment is to only allow the minimum amount of private property to be taken for government use and for the owner to be aptly compensated. [2]

In the House of Delegates, this bill passed in the winter of 2012 with 83 votes for and 14 against. [3] When it was brought before the Senate, the bill passed by a much slimmer majority with 22 votes for and 16 votes against. [4]

In opposition, delegate David Toscano believes that our current laws concerning eminent domain are already satisfactory in the protection of the private property owner. He was quoted saying, “If a constitutional amendment gets passed, my worry is we won’t be able to invest in public infrastructure to the extent that we need to in Virginia.” [5]

References

  1. Web. [1], Virginia General Assembly, Legislative Information System, retrieved 14 May, 2012.
  2. Web. Virginians to vote on eminent domain amendment, Media General Staff Reports, Daily Progress, Lee Enterprises, February 28, 2012, retrieved May 15, 2012.
  3. http://lis.virginia.gov/cgi-bin/legp604.exe?121+vot+HV0793+HB0005
  4. http://lis.virginia.gov/cgi-bin/legp604.exe?121+vot+SV0633HB0005+HB0005
  5. Web. Delegate David Toscano discusses transparency and eminent domain reform, Richard Sincere, Examiner.com, Clarity Digital Group LLC, January 20, 2011

External Links

Text of House Bill 5