| |
Late Wednesday a
subcommittee of the House of Delegates' Courts of Justice
Committee reported HB94 to the full House. HB 94 was patroned
by Delegate Terrie Suit. The bill was selected from 13 eminent
domain bills in the House designed to address the U.S. Supreme
Court's Kelo decision, allowing local governments to condemn
private property for economic development and tax enhancement
purposes. The full committee will consider the bill on Friday,
February 3, 2006. Assuming the bill passes through the General
Assembly, in Virginia a locality will not be able to condemn a
farm for a Wal-Mart. Such a taking would not be considered a
"public use," as required by Virginia's Constitution. HBAV was
an active participant in a work group appointed by Delegate
Suit, as the Chair of the Virginia Housing Commission.
The work group and the Commission met several times
during the summer and fall to come up with the best bill to
protect the rights of private property owners while at the
same time preserving the tools often used by the home building
industry to provide the infrastructure, such as sanitary
sewer, water, and storm water management facilities,
necessary to obtain land use approval from local
governments. Several of the house bills were "rolled
into" HB 94 and others merely passed by l.
|
|
