After two weeks of delays, one of the most important committee votes of the 2011 General Assembly will take place Friday morning in the House Privileges and Elections Committee. Members will consider a constitutional amendment to safeguard your property rights from the power of eminent domain by state and local government and utilities. It is the last chance the committee has to approve the resolution if it is to meet the "crossover" deadline and pass it to the Senate. If there is no constitutional amendment passed this session, the earliest chance Virginians will have to vote on one will be November 2014.
There are two identical resolutions before the committee: HJ 647, patroned by Delegate Rob Bell (R-58, Charlottesville) and/or HJ 693, patroned by Delegate Johnny Joannou (D-79, Portsmouth). This has been a long and difficult process, with a lot of work behind the scenes, but little to show for it so far, fighting off the big utilities as well as local governments who use your tax dollars to lobby against your rights. Friday, however, is our chance to move the ball forward for constitutional protections, limited government and economic and personal liberty.
Eminent domain is one of the most powerful and intimidating tools government has to increase its size, expand its reach into our lives and limit our freedoms. Without constitutional protections, you only borrow your property until the government takes it for whatever reason it determines. Without property rights, we don’t have secure homes for our families, the liberty to practice our faith, or the opportunity for economic advancement.
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 and pork barrel projects. Worse, sometimes they take private property and turn it over to another private entity. 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.
The Kelo decision was in 2005. The General Assembly has kept us waiting long enough to secure our constitutional rights to private property. Now, tell them the waiting is over!