Property Rights Amendment Passes Senate

Good afternoon. My name is Trey Davis, and I have been fortunate enough to work this year and last on a constitutional amendment to protect your property rights in Virginia’s constitution. With bipartisan support from the 2011 and 2012 Sessions of the General Assembly, we are closer to achieving this goal than ever.

Thanks to your hard work this fall with the Stand Our Ground: Property Rights postcard campaign, we achieved a major victory yesterday, getting the property rights constitutional amendment through the Senate on a 23-17 vote and through the House of Delegates on a vote of 80-18. SB437 (Obenshain) and HB1035 (Joannou), the companion legislation to define lost profits and lost access in regards to eminent domain takings, have passed their respective houses as well.

Here are a few reactions from our Attorney General and Senator Mark Obenshain, the chief patron on the Senate side:

From Attorney General Ken Cuccinelli:

“It has been seven long years of effort, but with today’s vote, our citizens are one step closer to enshrining in the Constitution of Virginia the protections they deserve from overzealous governments and the developers who use them to take away Virginians’ homes, farms, and small businesses,” Cuccinelli said in a prepared statement. “I have fought every year since the 2005 Kelo decision [by the Supreme Court] to strengthen property rights in the commonwealth through various bills and three attempts at a constitutional amendment. A property rights amendment to Virginia’s constitution is the ultimate protection Virginians need, and voters will finally have a property rights amendment to vote on in the November ballot.”

From Sen. Mark Obenshain:

“The passage of this is a great victory for property owners in Virginia.  This has been a long and arduous path, but this fall – Good Lord willing – the voters of Virginia will be given a chance to vote on adding these protections to the Constitution, where they belong.  Respect for private property is a foundational principle of free government,” said Obenshain. “The Property Rights Amendment will secure property rights against the whims of state and local governments, ensuring that private property can only be taken for legitimate public uses – not economic development or the pet projects of government officials.” 

Things are looking good for getting the amendment on the ballot in November, but the battle isn’t over yet. Thanks so much for all the hard work you have already done–collecting postcards, sending emails, making phone calls and visitng your legislators on this issue. This constitutional amendment would not have gotten through without the support of Virginia’s farmers and your activism within Virginia Farm Bureau.

Now the real work begins. We need to educate Virginians about property rights and eminent domain abuse, so they are well-informed when they visit the polls in November. We will be asking for your help in the next few months to help us accomplish this.

Again, thanks for all that you do, and keep reading the blog as well as your Capitol Connections Action Alerts for updates on this issue and other critical Farm Bureau issues.

Virginia Farm Bureau News Lead: Eminent domain constitutional amendment is ‘finally in sight’

This story appeared in the Jan. 19 edition of News Leads, the week’s top ag stories sent out by the VFB Communications Department to media across the state:

A Virginia constitutional amendment to protect private property rights has progressed further than ever before in the legislative approval process.

HJ3 and SJ3, the state House of Delegates and Senate versions of the bill, tighten the definition of public use and require just compensation for owners of property taken for eminent domain. The bills passed in last year’s General Assembly.

“We have never gotten past that first step, but last year we did,” said Del. Robert Bell, R-Charlottesville, the chief patron of HJ3. “This year we are finally in sight of our goal.”

For a constitutional amendment to be enacted, it must pass in the General Assembly two years in a row with the exact same wording. If it passes in 2012, as it did in 2011, it will be placed on the ballot this November and would have to be approved by a majority of Virginia voters.

The constitutional amendment has three key parts: Public entities can take private property for public use only; the entities cannot take more land than is necessary for that public use; and landowners must receive just compensation.

“Farmers have a particular interest, because they own a lot of land and they are especially vulnerable,” Bell said. “Farmers in my area have been very supportive of the constitutional amendment.”

Virginia Farm Bureau Federation, the state’s largest farm organization, has been calling for a constitutional amendment for the past several years. Farm Bureau members believe that land ownership is a fundamental right deserving of constitutional protection.

Virginia’s constitution recognizes that some ‘takings’ are necessary for public use; however, public use should be narrowly defined, and just compensation should be provided to an individual whose property is taken, said Trey Davis, VFBF assistant director of governmental relations.

“Because farmers’ assets are mostly land-based, they feel constantly under threat from eminent domain,” Davis said. “The only way to truly protect them is to have a constitutional amendment that ensures farmland cannot be taken and given to another private owner.”

In July, Farm Bureau launched a postcard campaign urging state legislators to back the constitutional amendment. The organization will deliver more than 13,000 postcards signed by its members during this year’s General Assembly.

Last winter, Del. Johnny Joannou, D-Portsmouth, introduced the bill that would amend the state constitution to mirror 2007 statutory changes to the state’s eminent domain law that strictly define public use.

Those changes were made as a result of the 2005 Kelo et al v. City of New London, Conn., et al decision, in which the U.S. Supreme Court ruled that private land can be justifiably transferred to another private party for economic development purposes.

“That was never the intent of eminent domain,” Bell said.

Sen. Mark Obenshain, R-Harrisonburg, and Attorney General Ken Cuccinelli also have championed efforts to change state law to restrict when private land can be taken for public use.

“Farmers and homeowners deserve to know that their properties cannot be taken at the behest of a private developer, and that any legitimate takings receive just compensation,” Obenshain said. “As any farmer knows, when you cut across a field or bisect a farming operation, the losses exceed the value of the land that was taken—and the compensation given should reflect that. Farmers face enough challenges; they shouldn’t have to battle a government that has other ideas for the land.”