Eminent Domain

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November 6, 2012

ote
on question 1

private property rights


This fall you will have the opportunity to vote on an amendment to Virginias constitution to permanently protect your private property rights. The Nov. 6 ballot will have a question that reads: Shall Section 11 of Article I (Bill of Rights) of the Constitution of Virginia be amended (i) to require that eminent domain only be exercised where the property taken or damaged is for public use and, except for utilities or the elimination of a public nuisance, not where the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development; (ii) to define what is included in just compensation for such taking or damaging of property; and (iii) to prohibit the taking or damaging of more private property than is necessary for the public use?

By voting YES, you will help ensure that:


Your private property CANNOT be taken from you and given to another private landowner, and may be taken for a true public use only; In unfortunate circumstances where your property is taken, you will be correctly paid for the loss of value to your property; and No more of your property may be taken than is absolutely necessary.

Why do we need this private property rights amendment to Virginias constitution?


Private property rights have long been a part of Virginias constitution. However, the U.S. Supreme Court, in its infamous 2005 Kelo decision, ruled that the U.S. Constitution allowed one persons property to be taken by the government and be sold or given to someone else who promised to use it to generate more jobs and taxes. With similar instances happening in Virginia, the 2007 General Assembly banned the use of eminent domain for economic development and enacted other protections. Virginia localities, utilities and others fought hard to stop these reforms and have lobbied hard to repeal them ever since. On their own, the 2007 reforms are only as strong as a majority of the next General Assembly wants them to be. The only way to make these protections ironclad is to have the voters of Virginia write them into the state constitution. By voting YES on Question 1, you will help ensure the important defense of private property in the Constitution of Virginia.

Vote Yes on Question 1 on Nov. 6.


Find out more ways to help protect your private property rights at VaFarmBureau.org.

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