07/18/2005
from the Commonwealth of Virginia House of Delegates
CONTACT: G. Paul Nardo, (804) 698-1228
Pledge to make legislative changes necessary to curb impact of Kelo v. New London
RICHMOND -- Virginia House of Delegates Speaker William J. Howell (R-Stafford), flanked at a news conference by the entire House Republican Leadership and most members of the House Republican Caucus, today committed to introducing and passing needed legislation in the 2006 Session of the Virginia General Assembly to restrict the condemnation and private property taking – or eminent domain – powers of governments in Virginia.
The protection of private property rights has become a pressing public policy issue since the U.S. Supreme Court's decision last month in Kelo v. City of New London. In that decision, the Court ruled that localities could seize private property for economic development because the seizure of these private lands constituted a public benefit, in this case, increased tax revenues for the locality.
"Homeowners, entrepreneurs, churches and non-profits across Virginia are rightly dismayed by the potential of having their private property rights severely diminished – or their homes and small businesses confiscated outright – because of the recent U.S. Supreme Court decision, which expanded the eminent domain powers of governments," said Speaker Howell. "Citizens need to know that the majority they've elected to lead the House of Delegates not only shares their concerns and opposes the Court's 5 to 4 ruling, but that we will do what is necessary to ensure that property rights in Virginia are protected from the effects of this misguided change in public policy. Here in the birthplace of America's government, we are committed to ensuring that 'public use' shall continue to mean what it says: a clearly understood, strictly limited definition that has served us well since our Nation's founders approved the Bill of Rights over 225 years ago."
Speaker Howell also noted that members of the House Republican Caucus are already working toward ensuring that these rights are protected. He specifically referenced the efforts of Delegate Bob McDonnell (R-Virginia Beach), the Republican nominee for Attorney General, Delegates Terrie Suit (R-Virginia Beach) and Brad Marrs (R-Richmond), Chairman and Member, respectively, of the Virginia Housing Commission and Delegate Bob Marshall (R-Prince William), Vice-Chairman of the House Committee on Counties, Cities and Towns.
"Delegate McDonnell has already advanced several proposals to resolve this situation," noted Howell. "Delegates Suit and Marrs, through their work on the Housing Commission and its Eminent Domain Study Group, are examining every potential problem that could arise from the Kelo decision. And, in legislation he offered during the 2005 General Assembly session, Delegate Marshall anticipated the action of the Supreme Court. Clearly, it is Republican Delegates who have taken a leadership role in protecting the private property rights of Virginians, and we will, as a Caucus, ensure that those rights are preserved during the 2006 Session."
