The Farm Bureau

Constitutional Protections At Stake Friday Morning In House P&E

Tomorrow morning, the House Privileges and Elections Committee will consider a number of important constitutional amendments. Please contact committee members at the link above and encourage a vote for all three resolutions. One, HJ 615, patroned by Delegate Bill Janis (R-56, Henrico), will safeguard Virginians' tax dollars by banning tax and fee increases in the budget bill. If those revenues are needed, delegates and senators should have the courage to vote on tax increases separately, up or down, not buried in a must-pass budget with deadline pressure to approve so that state government can continue to function.

Delegate Mark Cole (R-88, Spottsylvania) has two resolutions before the committee. One, HJ 540, will limit the amount state and local government can spend each year to the previous year’s budget, plus the percentage increase in population and inflation. This is a proven way to limit the size and scope of government. His second resolution, HJ 539, would require a super majority vote by the General Assembly and local governing boards to impose a tax increase.

The fourth resolution, and a major priority by several limited government advocates, is HJ 647, patroned by Delegate Rob Bell (R-58, Charlottesville). It passed sub-committee by one vote and its full committee vote was delayed a week. In committee and behind the scenes, local government interests, who use taxpayers' hard-earned money to lobby against their own citizens, and large utilities and telecoms, are throwing every resource they have to defeat this proposal. Afraid of allowing Virginians to vote on the issue of protecting their own property, these special interests think property is private only until such time as they need it for their redevelopment schemes or transportation boondoggles. No less than 10 government and corporate special interests testified against the resolution in sub-committee, with only The Family Foundation, The Farm Bureau and the Virginia Agribusiness Council speaking in favor.

When the U.S. Supreme Court issued its deplorable Kelo decision several years ago (see Examiner.com's Kenneth Schortgen for a new, heinous eminent domain case), it said federal courts could not protect property owners from local and state governments. But it did rule that states could protect their citizens and basically invited states to enact their own protections. Most states did. Why are Virginians still waiting for their legislature to act?

These much needed policies will protect Virginia families’ homes, farms and businesses; enact honest state budgets; and put a limit on out of control taxing and spending. Together, these proposed constitutional amendments form a unique opportunity to reform state and local government, limit its power and focus it on its proper role.

Property Rights Debate Re-Scheduled For Senate Sub-Committee Tuesday Morning!

Last week we wrote a post on urgent action needed on an important piece of legislation: SJ 307, a proposed amendment to the Virginia Constitution to protect property rights from excessive eminent domain and provide just compensation to landowners when a public taking truly is necessary. The patron of the resolution, Senator Mark Obenshain (R-26, Harrisonburg), subsequent to the post, asked the sub-committee to carry it over to this Tuesday morning — and we desperately need you to contact your members of the sub-committee, and urge them to vote for the resolution (click here for sub-committee members)!

When the U.S. Supreme Court issued its deplorable Kelo decision several years ago — it said while the federal courts could not protect property owners from local and state governments — it basically invited states to enact their own protections. Most did. Why are Virginians still waiting for their legislature to act?

Right now, lobbyists for local governments — who use your hard-earned tax dollars to work against your rights at the General Assembly — and large utilities and telecoms are working behind the scenes with their considerable resources, to strengthen their hand for your property. No less than 10 government and corporate groups are lined up against this amendment, while The Family Foundation (see our Constitutional Government paper), The Farm Bureau and the Virginia Agribusiness Council are among the few working for the many — that is, the people.

Without property rights, we don’t have secure homes. Without property rights, we don’t have the security to practice our faith. Without property rights, we have no economic security. Local and state government have eyes bigger than their stomachs for homes, farms and small businesses to feed their economic development schemes. They’ve taken private property and turned it over to developers and corporations for malls and office parks, or for transportation boondoggles. In one heinous case in Hampton, the city took private property for a pittance, and then sold it to a developer for millions while the original owner saw none of the extra money.

At one time, Virginia was a leader in protecting property rights and our Founders, such as Thomas Jefferson and James Madison, ensured these rights in the Commonwealth’s constitution. However, in the last constitutional revision in the early 1970s, they were diminished. But now, with a reawakening of Founding Principles across Virginia and the nation, there is real momentum this year for true reform.

While Big Government and Big Corporations have much money, we have many voices – and they matter! You are a force equalizer. Please contact these senator and express your desire to see Virginia protect your property rights — your homes, farms and businesses!

Property Rights In The Balance Friday Morning In House Of Delegates!

With housekeeping measures and session-opening pomp behind them, Virginia’s lawmakers now are at full pace in the "short session" of the General Assembly and there is no time to lose on a paramount issue that affects our freedoms — the protection of private property. On Friday morning, the House Privileges and Elections Committee (click here for members and contact links) will consider a constitutional amendment that will safeguard your property rights from state and local government and corporations, as well as ensure just compensation in circumstances when land must be taken for legitimate public uses. Earlier this week, a "P&E" sub-committee barely reported out, on a 3-2 vote (see vote), HJ 647, patroned by Delegate Rob Bell (R-58, Charlottesville). Now it goes to the full committee with local government interests, who use your tax dollars to lobby against your rights, and large utilities and telecoms working behind the scenes with every resource at their disposal to strengthen their hand when they want your property. No less than 10 government and corporations testified against the resolution in sub-committee, while The Family Foundation, The Farm Bureau and the Virginia Agribusiness Council speaking in favor. (A similar version in the Senate yesterday was carried over for a week.)

Without property rights, we don’t have secure homes. Without property rights, we don’t have the security to practice our faith. Without property rights, we have no economic security. The fact is, ever since the deplorable Kelo decision by the U.S. Supreme Court, local and state governments have had eyes bigger than their stomachs for homes, farms and small businesses to feed their economic development schemes. They’ve taken private property and turned it over to developers and corporations for malls and office parks, or for transportation boondoggles. In one heinous case in Hampton, the city took private property for a pittance, and then sold it to a developer for millions while the original owner saw none of the extra money.

At one time, Virginia was a leader in protecting property rights and our Founders, such as Thomas Jefferson and James Madison, ensured these rights in the Commonwealth’s constitution. However, in the last constitutional revision in the early 1970s, they were diminished. But now, with a reawakening of Founding Principles across Virginia and the nation, there is real momentum this year for true reform.

While Big Government and Big Corporations have much money, we have many voices — and they matter! They are a force equalizer. Please contact members of the committee and express your desire to see Virginia protect families’ homes, farms and businesses!

Beat Back Big Government And Protect Property Rights!

Thursday afternoon in the Senate Courts of Justice Civil Sub-committee, a bill to allow people to receive just compensation when their property is taken by the government in eminent domain cases will be heard. The bill, HB 652, is supported by a broad coalition including The Family Foundation, the Farm Bureau, Tertium Quids (see comment here) and the National Federation of Independent Businesses.  The bill passed the House of Delegates 98-1, but that doesn’t necessarily mean anything to the Senate. The patron of the bill is House Democrat Leader Ward Armstrong (D-10, Martinsville) and is co-patroned by several Republicans.  It faces the forces of big government — VDOT and local governments who use our tax money to hire lobbyists to work against our interests — who forced the bill while in the House from the Courts of Justice Committee to the Appropriations Committee with a tactic designed to kill it. There is no doubt they will pull out all the stops in the Senate as well.

But we can beat them in the Senate, too: In the House Appropriations Transportation Sub-committee, Delegate Bob Tata (R-85, Virginia Beach), a senior member of the committee, said he HB 652 came to his attention after he received more e-mail on it than any other bill this session. It shows that actively engaged citizens truly have power!

The bill simply allows property owners to present evidence to juries that they deserve just compensation for land not taken in eminent domain cases, but rendered useless because of the taking of adjacent land.  Right now, people are compensated only for the land taken, not additional land that the taking has rendered unusable. The bill is a complement to the landmark 2007 eminent domain reform law that limits government abuse of people’s property rights.

This is a very fair, very needed and very just bill for families who own homes, small businesses and farms.  If government really needs your land, they should buy only what they need and not try to get more of it on the cheap. This bill costs government nothing — it only provides for a fair hearing as to what property owners are entitled to. Government agencies will retain their right to make their case as well. It’s about fairness! As Delegate Armstrong has said, 'The worst thing the government can do is take your life; the second worst thing it can do is take your property."

If you who think the 2007 law solved all eminent domain problems, a case in Roanoke from two years ago is still in the news (see From On High), where the Burkholder family is losing its small business to the city who wants its land, even though it has no plans for it! So, click here to contact members of the Senate Courts of Justice Civil Sub-committee and ask them to vote for HB 652 in sub-committee this Thursday afternoon.

Quote Of The Day: Ward Armstrong, TFF's Legislator Of The Month?

There have been some odd partnerships in the history of the General Assembly. We've partnered with some organizations, such as the NAACP and Virginia Interfaith Center for Public Policy on payday lending, for example. But one creating the double-takes, stares and, in some cases, guffaws, is our partnership with Delegate Ward Armstrong (D-10, Martinsville) — the House Minority Leader — on HB 652, a bill that would provide a greater degree of jurisprudence to land owners who seek just compensation in eminent domain hearings. More about the bill later, but as an example of the reaction we've received in committee after committee was best exemplified Friday afternoon in the House Appropriations Sub-committee on Transportation when Delegate Scott Lingamfelter (R-31, Prince William) who feigned a heart attack to a room full of laughs after I followed Delegate Armstrong's presentation to offer support for the bill.

So, today, on the bill's second reading on the House floor, Delegate Armstrong, who has been milking our partnership for all that it's worth, offered this in support of his bill:

And I might add this bill has a broad range of support including The Farm Bureau and The Family Foundation of Virginia for whom I am in the running for Legislator of the Month.

We've enjoyed the partnership, ourselves, Delegate Armstrong. But, it does prove a point. When there's good legislation involving our principles, we don't care who the patron is. We support it. We also oppose bad legislation, no matter the patron. By the way, just for the record, HB 652 also has four Republican co-patrons: Delegates Glenn Oder (R-94, Newport News), Sal Iaquinto (R-84, Virginia Beach), Ed Scott (R-30, Culpeper) and Matt Lohr (R-26, Harrisonburg). That's a good heap of bipartisanship for anyone. Now, on to the Senate, where we hope for the same.