Kelo protection to be considered!
From the Virginia Property Rights Coalition:
House Alert !!
Constitutional Amendment
A constitutional amendment is the only sure way to protect Virginians from the Kelo decision because even if good Kelo legislation passes, as soon as Virginians have moved on, satisfied their property safe, the lobbyists will begin chipping away at any safeguards
established. The only way to keep this from happening is with a constitutional amendment because a Constitutional change
requires voter approval.
Endorsement: After reviewing the 5 amendments for loop holes and omissions the one with the best
Kelo protection with the chance of passing the full House of Delegates, not surprisingly, is:
HJ 722 The Constitutional Amendment Patroned by Delegate Johnny Joannou
This Amendment establishes that private property:
1) is a fundamental right that it can only be taken for public use after the property owner is paid.
2) shall only be taken if the land: is for the ownership, possession, occupation, and enjoyment
by the public at large, or by public agencies; is for a public utility or railroad company with
eminent domain power; is blighted and poses a direct threat to public health or safety.
3) shall not be taken for any other reason and that an increase in tax base, tax revenues, employment,
or general economic health and welfare does not constitute public uses.
4) shall not be taken for private commercial enterprise, economic development, or any other private use,
except with consent of the owner.
5) shall not be taken from one owner and transferred to another, whether the transfer is by sale, lease,
or otherwise, except for blight removal.
Public interest must dominate the private gain, and any taking under the pretext of an alleged public use shall be impermissible. Any taking for the purpose of conferring a benefit on a particular class of identifiable individuals or a private party is impermissible.
Whenever an attempt is made to take property for a use alleged to be public, the question of whether the use is truly public shall be a judicial question and determined as such without regard to any legislative assertion that the use is public.
Delegate Johnny Joannou Stopped "pretend legislation" in 2006
Full Text of Amendment:
http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HJ722
Action Needed !
The 5 Constitutional Amendments will be heard
in Privileges and Elections Sub-Committee #1 this week and consolidated
Time, date, and location to be announced: Please attend if possible
Call your Delegate if he/she is in Sub Committee #1
Urge him/her to vote for
Delegate Joannou's HJ722
"strong protection from the Kelo Decision"
Members of Privileges and Elections Committee
* Members of Sub-Committee #1
Lacey Putney 19th I (804) 698-1019 (540) 586-0080
Chair DelLPutney@house.state.va.us
Chris Jones 76th R (804) 698-1076 (757) 483-6242
V. Chair DelCJones@house.state.va.us
David Albo 42nd R (804) 698-1042 (703) 451-3555
DelDAlbohouse.state.va.us
Kenneth Alexander 89th D * (804) 698-1089 (757) 628-1000
DelKAlexander@house.state.va.us
Robert B. Bell 58th R (804) 698-1058 (434) 245-8900
DelRBell@house.state.va.us
Robert Brink 48th D (804) 698-1048 (703) 531-1048
DelRBrink@house.state.va.us
Mark Cole 88th R * (804) 698-1088 (540) 752-8200
DelMCole@house.state.va.us
John Cosgrove 78th R (804) 698-1078 (757) 547-3422
DelJCosgrove@house.state.va.us
Rosalyn Dance 63rd D (804) 698-1063 (804) 862-2922
DelRDance@house.state.va.us
David Englin 45th D (804) 698-1045 (703) 549-3203
DelDEnglin@house.state.va.us
William Fralin 17th R * (804) 698-1017 (540) 772-7600
DelWFralin@house.state.va.us
Jeffrey Frederick 52nd R * (804) 698-1052 (703) 490-8405
DelJFrederick@house.state.va.us
Frank Hargrove 55th R (804) 698-1055 (804) 550-4000
DelFHargrove@house.state.va.us
Riley Ingram 62nd R * (804) 698-1062 (804) 458-9873
DelRIngram@house.state.va.us
Johnny Joannou 79th D * (804) 698-1079 (757) 399-1700
No E-mail
Robert G. Marshall 13th R * (804) 698-1013 (703) 361-5416
Chair DelBMarshall@house.state.va.us
Jackson Miller 50th R * (804) 698-1050 (703) 244-6172
DelJMiller@house.state.va.us
John O'Bannon 73rd R * (804) 698-1073 (804) 282-8640
DelJOBannon@house.state.va.us
Clarence Phillips 2nd D * (804) 698-1002 (276) 762-9758
DelBPhillips@house.state.va.us
Melanie Rapp 96th R (804) 698-1096 (757) 886-1000
DelMRapp@house.state.va.us
James M. Scott 53rd D (804) 698-1053 (703) 560-8338
DelJScott@house.state.va.us
Mark Sickles 43rd D * (804) 698-1043 (703) 922-6440
DelMSickles@house.state.va.us
With this being the short session, even if your legislator is not on Privleges and Elections, it is time to begin calling and writing now. Several House bills and all Senate bills have major loop holes and omissions so urge your representative to vote for the "real Kelo protection" that appears in the language of Delegate Joannou's HJ722 Amendment.
Our Senators and Delegates will vote for Kelo protection but they have to hear from us or they think we don't care and the lobbyists are in Richmond 24/7 telling them we have no eminent domain problem and that Kelo can not happen in Virginia.
Your Delegate's Contact Information
http://dela.state.va.us/dela/MemBios.nsf/MWebsiteTL?OpenView
Your Senator's Contact Information
http://sov.state.va.us/SenatorDB.nsf/$$Viewtemplate+for+WMembershipHome?OpenForm