State Leaders Friendly to Eminent Domain Amendment

Opponents of an s will likely face a tough fight.

The amendment passed its preliminary 2011 vote with flying colors in both houses, 85-15 in the House and 35-5 in the Senate. Amendments to the state constitution must be approved by two General Assemblies before becoming law.

Among those who voted for the bill are House Speaker Bill Howell (R-Stafford). Fredericksburg city leaders hope to be able to persuade him to switch his vote, and a meeting is set for next week between Howell and Fredericksburg's Ward 3 Councilor Fred Howe.

Virginia's Attorney General Ken Cuccinelli counts himself as a strong supporter of the amendment. In an interview with Free Lance-Star Virginia politics reporter Chelyen Davis, Cuccinelli made it clear that he did not feel any sympathy for local governments who are lobbying against the bill.

“They’re exactly the ones that need to be reined in,” Cuccinelli told Davis.

Cuccinelli is involved in crafting legislation which would define the access and profit issues which have drawn the ire of local officials across Virginia. But the Virginia Municipal League is keeping a watchful eye on how that legislation develops.

"The attorney general plans to submit legislation to limit the access / profit piece," wrote Virginia Municipal League Legislative Director Mark Flynn in an email to Howe. "However, if the bill limits it too much – to a point that is good for the taxpayers – the bill would be unconstitutional."

Davis' article highlights arguments from local governent leaders against the amendment. Spotsylvania County's objection notes the ability to combat blight and to limit compensation costs for property values.

An interview with Howe has the councilor speculating that street festivals may be in danger due to the

These arguments, along with concerns about building median strips cited in news reports out of Alexandria, are almost word-for-word copies of stock examples distributed to local government officials statewide as talking-point fodder when lobbying against the legislation.

An email to VML members sent on November 14 outlines several hypothetical impacts which could come if the amendment is adopted, including the construction of median strips, a danger to street festivals and blight abatement.

You can view those and other emails sent between VML staff and regional elected leaders in the PDF attached to the article.