Eminent Domain Reform

An endorser of the Commonwealth Alliance for Property Rights Core Principles pledges to endorse the following principles in the form of legislation. This legislation would reform eminent domain abuses in Virginia and return property rights to the same level of protection as other fundamental constitutional rights.

Core principles

Virginia should respect the fundamental, constitutional right to own property and our legislature must protect our citizens’ right to their homes, farms, businesses and other property.  We recognize schools, roads, utilities and other historically public uses as uses where government may need to exercise the power of eminent domain.  The power of eminent domain should be limited to:

Prohibit Kelo-type abuses such as the taking of one person’s private property to be transferred to a developer, government entity or third party for purposes of employment, economic development or an increase in the tax revenues. Incidental effects of a taking, including but not limited to effects on employment, economic development or tax revenues, should not be taken into consideration when determining whether a taking is necessary for a public use.  Alleged public uses that are a pretext for employment, economic development or tax revenues should not be allowed. However, the fact that a taking necessary for a genuine public use may effect employment, economic development, or tax revenues shall not be a basis to invalidate the taking at issue.

Prohibit citizens’ homes, farms, and businesses from being taken for blight when their property is not blighted and is not a threat to public health and safety.

Re-establish property rights to its equal position with other fundamental constitutional rights, as they were when the founding fathers established our constitutional system in Virginia.  This would return property rights to the same level of protection as other fundamental constitutional rights, such as freedom of speech, freedom of religion, the right to bear arms, and the right to vote.

Protect property owners by recognizing that just compensation must be full compensation, and that if property owners are not protected from abusive takings and low compensation offers and are required to pay appraisers, real estate brokers, attorney’s fees or court costs when their property is taken by eminent domain, then those costs must be reimbursed if the property owner shows that the offer was below the full value of the property taken.  Furthermore, business losses resulting from takings by eminent domain must be included in just compensation.