Takings Amendment passes the General Assembly
on February 14th, 2012 at 9:16 am
There is some good news to report tonight!
SJ 3, The Private Property Amendment has now passed the Senate, 23-17.
The House companion, HJ 3, has also passed, 80-18.
Please take a moment to call/email our Delegates and Senators to thank them for supporting this long-overdue Amendment. (I believe all our local folks are listed as Aye votes) Use this link to find your elected official: http://conview.state.va.us/whosmy.nsf/main?openform
What’s this Amendment all about? Well, here it is, for all us first-year law students:
Constitutional amendment (second resolution); taking or damaging of private property; public use.
Revises the prohibition on the enactment by the General Assembly of laws whereby private property may be taken or damaged. An existing provision authorizing the General Assembly to define what constitutes a public use is removed. The proposed amendment provides that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is.
In short, it changes the current circumstances under which private property may be seized for the purpose of revenue generation.
There’s nothing like posting tired cliche’s, but as they say, there’s many a slip betwixt cup and lip. The devil is in the details… and both of those certainly apply here. There are accompanying bills that set the ballot referendum, others that define the terms within the Amendment. Ultimately, the strength of the Law will depend upon how those terms are defined. We continue to watch these bills closely for unseemly changes.
Thanks to all helping us keep this vigil.
Gregory Honeycutt
President, Roanoke Tea Party
Regarding the Property Rights Amendment and a Republican who opposed it’s passage, I got this email a few minutes ago from one of the sources we use to keep track of legislation. I have deleted the name for privacy reasons, but the text is copied/pasted as sent. I would regard this source as completely credible.
They wrote:
“On Monday I was at the General Assembly watching the floor proceedings of the Senate concerning SJ 3 for adding Property Rights of Citizens to the Virginia Constitution. If it passes both houses then it gets put on the November ballet so voters can decide. Below I included wording for Bill if you would like to read it.
Senator Watkins(R) stood up and spoke against the bill that would protect property rights. He said it is not a bill that is needed, but is only up for a vote because of political fervor created by the Tea Party. He said he was just a country boy and a Christian and as a Christian he understands that no one really “owns” property, only God does. You know who else says that? The Preamble to Agenda 21. It says in the preamble that no one can really own property. This is a basic premise of Communism also.
I wonder if all the land for the Watkins Center and surrounding Watkins commercially developed property has God on the deed? Did all the proceeds and revenue from this property go to God?
This slime ball then sat in a committee meeting and openly mocked and smirked when tea party people stepped up and spoke against certain bills.
WE must find someone to run against Watkins next time around. He only runs as a Republican because that is how to get elected in Midlothian area.
I sent an email to the General Assembly website to see if I can get a copy of the transcripts of his exact words. This guy needs to be exposed.”
We’re pretty used to that kind of treatment from the likes of…ahem… “columnists” around here, but we don’t have to take that kind of mess from a State Senator. Here’s contact information for the good Senator, if any of you would like to send along a few additional thoughts or advice. I know I will.
Senator John C. Watkins (R) District 10
Phone – (804) 698-7510
email – district10@senate.virginia.gov