While Senate Roadblocks Property Rights, House Reflects People's Will 81-19Feb 10, 2011
While the Virginia Senate has proved to be a roadblock for property rights and reform of government's oppressive power of eminent domain — first, by defeating SJ 307 4-3 in a sub-committee vote, then refusing to bring it to the full Privileges and Elections Committee, then blocking a discharge motion to bring it to the floor — all hope of passing a constitutional amendment to guarantee these protections is not lost this session. That's because at the same time the Senate majority Democrats defeated Senator Mark Obenshain's discharge motion on SJ 307 Tuesday, the House passed HJ 693, patroned by Delegates Johnny Joannou (D-79, Portsmouth) and Rob Bell (R-58, Charlottesville), by an overwhelming 81-18 margin. This mammoth bipartisan vote surpasses even the 60-something vote the eminent domain reform statute received in 2007. Now, this coming Tuesday morning, the same Senate subcommittee that earlier in session listened to local governments and unelected housing and redevelopment authorities instead of their constituents, will get another chance to listen to the will of the people and protect your property rights.
Contact members of the Senate Privileges and Elections Sub-committee on Constitutional Amendments Tuesday morning (members' contact links here) and ask them to report HJ 693.
Defending our property rights is a longstanding principle of The Family Foundation, and we've supported efforts for several years to pass a constitutional amendment that answers the U.S. Supreme Court's infamous and deplorable Kelo decision. Property rights affect all people, across all socio-economic and geographic lines. Perhaps the most affected are urban families, whose homes and businesses are considered an inconvenience to urban planners' redevelopment schemes, most of which always fail (think Richmond's 6th Street Marketplace).
While Virginia passed a law in 2007 in response to Kelo, developers, utilities, and local governments and housing and redevelopment authorities (who use your tax dollars to lobby against your rights) have tried each subsequent year to chip away at that statute. In short, as good as the statute is, it needs the protection only a constitutional amendment can provide.