Legislative Reports: Condemnation Authority / Eminent Domain


 
Bills Committee Last action Date
HB 132 - Cosgrove - Eminent domain; jury to determine just compensation. (H) Committee for Courts of Justice
 

(S) Committee for Courts of Justice
(S) Signed by President 03/02/06
notes: Removes the option of the landowner to choose commissioners to hear an eminent domain case. Allows only jurors or the court to hear such a matter and requires all jurors in an eminent domain proceeding to be freeholders in the jurisdiction of the land in question.
HB 241 - Suit - Repurchase to former owner; offer thereof cannot be waived. (H) Committee for Courts of Justice
 

(S) Committee for Courts of Justice
(S) Signed by President 03/02/06
notes: Eliminates the language relating to the waiver of the right to the offer of repurchase and clearly states that such right cannot be waived.
HB 631 - Phillips - Condemnation proceeding; parties must attend dispute resolution evaluation session. (H) Committee for Courts of Justice
 

(S) Committee for Courts of Justice
(S) Signed by President 03/13/06
notes: Requires, in a condemnation proceeding, that the parties must attend a dispute resolution orientation session.
HB 699 - Suit - Housing Authorities Law; various changes to update provisions. (H) Committee on General Laws
 

(S) Committee on General Laws and Technology
(H) Enrolled 03/15/06
notes: Makes various changes to the Housing Authorities Law to updates its provisions. The bill adds several definitions including "blighted area," "blighted property," "conservation area," "redevelopment area," and "spot blight abatement plan." The bill also reconfirms that the elimination of blight in a redevelopment area, the prevention of blight in a conservation area, and the designation of individual properties as blighted pursuant to a spot blight abatement plan are public uses and purposes. In addition the bill (i) updates referendum provisions, (ii) clarifies that written notice sent by certified mail is required to all record owners at their last known address as indicated in the records of the treasurer, current real estate tax records, or the records of any other officer responsible for collecting taxes prior to the use of eminent domain and spot blight abatement proceedings, (iii) clarifies that an owner in a proposed redevelopment or conservation area has the right to present testimony before the local governing body objecting to the designation of an area as a redevelopment or conservation area, and to acquisition of their property by negotiated purchase or the use of eminent domain, and (iv) clarifies that farm structures are generally exempt from the Housing Authorities Law and that the right to establish redevelopment or conservation areas and use the process of spot blight abatement shall not abrogate the right to farm as protected in § 3.1-22.28. The bill includes various technical amendments.
HB 771 - Armstrong - Condemnation proceedings; localities to hold public hearing prior to initiating a condemnation. (H) Committee for Courts of Justice
 

(S) Committee on Local Government
(S) Signed by President 03/02/06
notes: Requires localities to hold a public hearing prior to adopting an ordinance or resolution initiating a condemnation. Other political subdivisions are also required to hold a public hearing prior to initiating a condemnation.
HB 955 - Joannou - Eminent domain; religious corporations and unincorporated churches. (H) Committee for Courts of Justice
 

(S) Committee for Courts of Justice
(H) Enrolled 03/15/06
notes: Clarifies that "religious corporations" includes "unincorporated churches" with regard to certain eminent domain provisions.
HB 975 - Suit - U.S. Navy Master Jet Base; land use adjacent to certain. (H) Committee on Counties, Cities and Towns
 

(S) Committee for Courts of Justice
(H) Enrolled 03/15/06
notes: 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 in the event that
HB 1099 - Griffith - Eminent domain; certain persons eligible for relocation expenses. (H) Committee for Courts of Justice
 

(S) Committee for Courts of Justice
(S) Signed by President 03/01/06
notes: 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.
SB 294 - Cuccinelli - Housing authorities; powers of regional and consolidated. (S) Committee for Courts of Justice (S) Committee substitute printed 065349720-S1 02/13/06
notes: Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.
SB 565 - Stolle - Master Jet Base; use of land adjacent to thereto. (H) Committee on General Laws
 

(S) Committee on General Laws and Technology
(S) Bill text as passed Senate and House (SB565ER) 03/15/06
notes: 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 a

 

 

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