Lacey Putney

Property Rights: Your Rights? Or The Government's Right To Take It From You?

Yesterday, HB 652, the property rights reform bill, was referred by the Senate Courts of Justice Committee to the Senate Finance Committee because of an alleged "fiscal impact" to the state. The bill will be heard tomorrow morning in Finance. The impact simply is hypothetical, conjecture and/or assumption. Take your pick. Fiscal Impact Statements are supposed to identify the cost of bills that require certain new expenses, not something VDOT says "might happen." This is nothing more than big government bureaucracy trying to kill a bill that would have them rightly compensate people whose property they take. Yesterday, in Courts of Justice, when committee Chairman Henry Marsh (D-16, Richmond) said he was bringing up a motion to refer the bill to Finance, Senator Creigh Deeds (D-25, Bath) was rightly surprised. He asked if the bill had a Fiscal Impact Statement. The reply from a senator opposed to the bill was, "Yes, a big one. One that will affect future budgets." Oh, how the big government lobby has them fooled. There was some discussion, but the bill had its course set — not much anyone could do at that point. The vote was taken and it was sent to Finance unanimously.

But facts won't die. When the House Appropriations Committee thoroughly vetted this bill, it found no fiscal impact! There is no more of a fine tooth comb in the General Assembly than the House Appropriations Committee. But the forces of big government, such as lobbyists for the counties and cities, as well as VDOT, will do everything they can to prevent liberty and scuttle property rights that affect families, small businesses and farms.

Were HB 652 to become law, it would go a long way toward making whole families whose businesses, homes and farms are horribly affected by eminent domain. The bill, patroned by Delegate Ward Armstrong (D-10, Martinsville) and co-patroned by several Republicans, passed the House 98-1. It would allow property owners a chance to present evidence that a government property taking has rendered other property useless, and therefore receive adequate compensation. It is a fairness bill — it guarantees nothing — only that such evidence can be presented to a jury in eminent domain cases. The government can still make its case and if it has a good argument it will win. Fair is fair.

But the big government types — who use your tax money to lobby against you — are trying hard to kill this bill. They say it is "too expensive" even though all alleged "costs" are speculative. House Appropriations Committee Chairman Lacey Putney (I-19, Bedford) said it best: "I don’t know how VDOT can arrive at an impact. It’s like they’re predicting juries!" We agree and if VDOT and other agencies say they’ll have to pay more money, it’s an admission that they have been ripping off landowners in Virginia for decades. Enough of that! Let them take only the land they need and pay a fair price for it or don’t take it at all — then they won’t have to worry about a "fiscal impact."

According to our property rights expert witnesses, this is the biggest eminent domain reform law in Virginia in decades, apart from the 2007 law that defines public use. It would be a shame for it to get this far only for a Senate committee to rule against the people in favor of big government interests whose appetite for your tax money never abates.

The Finance Committee meets at 9:00 tomorrow morning. It has a short docket, so a lot of attention will be focused on this bill. Do you part to ensure constitutional protections of property rights. Please contact members (click here) of the Senate Finance Committee now and ask them to pass HB 652.

Property Rights Bill Faces Key Senate Test Tomorrow!

Yesterday, we posted an update on HB 652, a bill that would allow property owners to present certain evidence to juries in eminent domain just compensation cases. The bill, patroned by Delegate Ward Armstrong (D-10, Martinsville), will be up tomorrow for a key vote at a 4:00 hearing in the Senate Courts of Justice Civil Sub-committee. We don't know yet if the big government lobby will try to make a last stand to block or water down this important legislation in the Senate. Their attempt in the House failed. We and several allies are working hard to ensure the bill gets reported unamended. But, to give you a taste of what has happened in the past — and what may happen still — here is video of the hearing in the House Appropriations Sub-committee on Transportation. You will see a VDOT representative try to defend a speculative Fiscal Impact Statement designed to sink the bill because of alleged costs to the Commonwealth. Notice his nervousness. He knows the numbers don't fly (as we explained here).

The sub-committee didn't buy it either. It unanimously reported it to the full committee — which deals with all money bills and knows a red herring when it sees one — and which also reported it without a dissenting vote, thanks in large part to Chairman Lacey Putney (I-19, Bedford) who spoke some plain common sense during its final vetting. Then it passed the full House 98-1. But overwhelming numbers in one body has never stopped determined opposition from trying in the other chamber. Remember: Contacting committee members (see here) never hurts.

Constitutional property rights upheld in the House. Will the Senate follow tomorrow?

Virginia News Stand: April 23, 2009

Sorry for the late arriving delivery of the News Stand. But there's lots to ponder today. The gubernatorial campaign is red hot now, make no mistake: Dems going after GOP nominee-to-be Bob McDonnell, House Republicans and each other; national figures weighing in; and, it wouldn't be a Terry McAuliffe moment if some financial investigation into an associate isn't involved — and it's not the Clintons, either, even though Bill announced he'd come campaign for him. That only prompted a reply from former Delegate Brian Moran. (He's had contributions questioned, as well, as many come from people with business in front of his brother, U.S. Representative Jim Moran). It's nothing but back and forth and side to side right now. Imagine what it will be like October. But, you know . . . hmmmmmm. Something . . . some one seems missing. Just can't think of who that might be.

In other campaign news, the House's longest serving member, and one of only two independents in the entire General Assembly, Lacey Putney of Bedford, says he wants another two years. Doubtless, he'll get them. 

Aside from all that, there's some serious news today. A federal court judge is imposing his will on the FDA and requiring the morning after pill to be made available to 17-year-olds. Amazing! So, we have another first (see Tuesday) at the News Stand: We're leading off with a video, because our very own Victoria Cobb is featured in it. She was interviewed by the Richmond CBS affiliate about the court decision. (See, hear and read all video and audio interviews, and blog references to us at our Online News Room.)

There's a lot of links below, but several are of the brief variety from the very informative Washington Post Virginia Politics Blog. We hope you enjoy it all.


*Morning After Pill Debate (WTVR-TV/CBS6, Richmond)



In the Governor's Race, Chasing the Political Punching Bag (Washington Post)

Campaign Contributions: Virginia Democrats clash over cash (The Daily Press)

Fact Checker: Democrats at Candidates' Forum (Washington Post Virginia Politics Blog)

Moran releases his schools plan (Richmond Times-Dispatch)

McDonnell Begins Online Ad Campaign (Washington Post Virginia Politics Blog)

McAuliffe's Top Donor Touched by AIPAC Investigation (Washington Post Virginia Politics Blog)

Virginia Partisans Back Moran (Washington Post Virginia Politcs Blog)

Bill Clinton to campaign for McAuliffe (Richmond Times-Dispatch)

Moran Responds to Clinton Visit (Washington Post Virginia Politics Blog)

National GOP Getting Involved in AG's Race (Washington Post Virginia Politics Blog)

Republicans Fight Back on Unemployment Dollars (Washington Post Virginia Politcs Blog)

Va.'s longest-serving delegate to seek another term (Richmond Times-Dispatch)

Va. Democratic party leads in cash (Richmond Times-Dispatch)

Major Payday lender is leaving Virginia (Richmond Times-Dispatch)

National News:

17-Year-Olds to Gain Access to Plan B Pill (Washington Post)

Spending Transparency: Close To Two Major Victories, Keep Contacting Lawmakers

Spending transparency is one of our priority issues this session and the bills involved (SB 936 and HB 2285) have had a long and winding path thus far (as do most major reform efforts). Just as predicted, their paths are somewhat similar to eminent domain reform bills in 2007, with many twists and turns and near-death experiences. Although each committee vote has been non-controversial, the behind the scenes efforts have been exhausting to get it to that point, with great credit going to the two patrons — Senator Ken Cuccinelli (R-37, Fairfax) and Delegate Ben Cline (R-24, Amherst), respectively, and their co-patrons, particularly Senator Chap Peterson (D-34, Fairfax) and Delegate Joe Bouchard (D-83, Virginia Beach). There has been tweaking of the bills to avoid the inexcusably outrageous and bogus fiscal impact statements which would have made the bills cost prohibitive to implement, especially in these tight budgetary times. (Fiscal impact statements once served a good purpose — cautionary breaks for lawmakers on new programs or government administrative expenses. Now they are used as excuses to stop much needed reforms.)

Each bill has gone through numerous committee hearings, amendments and substitutes, been reported and refered to money committees and the House version even was sent to a Senate committee the Senate version had no part of (see here). (As it turned out, HB 2285 was sent to the Rules Committeebecause the Auditor of Public Accounts comes under legislative directive, or some such governmentese, but still begs the question why SB 936 didn't go that route.)

All that said, we are closing in on major victories, but it's not time to let down our collective guard. A final push is needed from concerned citizens who believe the government has a serious obligation to shine the light on where our tax dollars are spent. 

SB 936 unanimously passed the House Science and Technology Committee only to have another obstacle thrown in its path — a trip to House Appropriations tomorrow. Committee members Bob Marshall (R-13, Prince William) and John Cosgrove (R-78, Chesapeake) tried to avoid the referral by asking for a vote to report straight to the House floor.

However, things look positive. Committee Chairman Kathy Byron (R-22, Lynchburg) told committee members the bill had to be referred to Appropriations to be vetted for costs, but that she would inform Appropriations Chairman Lacey Putney (I-19, Bedford) there are no costs associated with this bill. Appropriations meets tomorrow afternoon.

Indeed, Auditor of Public Accounts Walter J. Kucharski and Joe Damico, deputy director of the Department of General Services, both testified that the bill, offered in its third form, would have no fiscal impact on the state budget. Amazingly, the Department of Planning and Budget attached a fiscal impact statement to the bill claiming its original and subsequent amended versions would cost state government between $1.5-$3 million in new equipment and software, man-hours, and more employees. One small problem: no one asked the departments involved (read this about impact statements).

Earlier in the week, HB 2285 emerged with unanimous approval in the Senate Rules Sub-Committee on Studies and now is in the full Rules Committee which meets at 9:00 a.m. tomorrow. 

Spending transparency is an important issue (read here) for many reasons: good government, accountability, taxpayer protection and the like (read here). It also will give us a clearer window into how often, how much and for what reasons nefarious profit making groups such as Planned Parenthood get our tax money! We are very close to victory on a major priority this session. Let's not take it for granted.

Contact Rules Committee members here (HB 2285) and Appropriations Committee members here (SB 936).