Virginia ends eminent domain abuse, restores property rights
Championed by Atty. Gen. Ken Cuccinelli II, and passed into law by the Nov. 6, 2012 ballot as the “The Virginia Eminent Domain Amendment,” SJ3 (and companion bill HJ3) overturns the 2005 Kelo v. City of New London U.S. Supreme Court decision by providing that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking.
Cuccinelli statement: “[Virginians are] enshrining in the Constitution of Virginia the protections they deserve from overzealous governments and the developers who use them to take away Virginians’ homes, farms, and small businesses. I have fought every year since the 2005 Kelo decision [by the Supreme Court] to strengthen property rights in the commonwealth…A property rights amendment to Virginia’s constitution is the ultimate protection Virginians need, and voters will finally have a property rights amendment….”