Posts Tagged ‘HJ 693’

Saslaw On Eminent Domain Reform: He Voted Against It Before He Voted For It

According to the Richmond Times-Dispatch, two of the 20 reasons why this year’s General Assembly mattered were the abortion center safety bill and the proposed constitutional amendment to protect property rights. Both, at numbers one and nine, respectively, were Family Foundation priorities.

So, it’s with no small reason that we emphasised those pieces of legislation and that we revisit one of them today — property rights (see Washington Post article on our influence on the legislation). That’s because one senator who voted for the property rights resolution (HJ 693) is very much on record as being against constitutional protections from eminent domain. He made that very clear in 2007, when he helped kill a similar resolution. See for yourself:

As the video explicitly shows, Senator Dick Saslaw (D-35, Springfield), now the majority leader, not only pronounced his opposition to protecting citizens from government seizing their land, but said it twice — on succeeding days. No slip of the tongue there. What a difference four years and this November’s upcoming-tough-battle-to-keep-his-majority makes. Although he was most assuredly working behind the scenes to stop this year’s amendment as well, once the train left the station, and not willing to leave his caucus exposed on a popular campaign issue, Senator Saslaw (D-37, Springfield) decided to vote for the resolution.

Not only that, and perhaps to even things out from four years ago, Senator Saslaw voted for it not once, but twice — on the original vote (here) and on a reconsideration vote (here), when some senators finally figured out that property rights really do belong in the constitution and wanted to upgrade from nay to yea before their constituents found out. It required a double take to believe he did not vote no when given the second chance, but despite what people think, miracles and conversions (of the election year kind) do happen, and happen often at the General Assembly.

Update: Still No Vote On Property Rights, Still Keep Calling Your Senators!

The Virginia Senate vote to protect property rights from the government’s overwhelming power of eminent domain again was put off today. One reason given was a senator’s absence due to attendance at a funeral, but no one doubts negotiations continue, especially within the Republican caucus, while not losing key Democrats. It’s a tight balancing act.

However, this delay affords grassroots activists another chance to keep the pressure on. If you have not, please contact your senator and urge him or her to vote for HJ 693, the protection of property rights from eminent domain (patroned by Delegate Johnny Joannou, D-79, Portsmouth). The best way to deny government’s appetite for continued growth and limit its intrusiveness is to protect private property and ensure just compensation for the true and few public uses that require a property taking. The only way to do that is to secure our liberties in the state constitution.

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Update: Vote Delayed Friday As Senators Negotiated; Insist They Keep Toughest Property Rights Protections In HJ 693 On Today’s Vote!

Legislation rarely goes in a straight line at the General Assembly, least of all when it concerns eminent domain. In 2007, the statute that eventually passed appeared completely dead at one point. Now we face a similar situation in getting a constitutional amendment passed (as we predicted).

Late last week an excellent government-power-limiting resolution for a state constitutional amendment (HJ 693) stunningly made it out of a liberal-dominated Senate committee and to the floor for the first time after years of trying — amended even tougher than how it came out of the conservative House. However, there is fierce and determined opposition by very powerful interest groups, with great amounts of resources at their disposal. This opposition necessitated negotiations between them and their Senate allies with senators, who, like us, absolutely are committed to language that includes just compensation for victims whose property — personal and business — is taken through the power of eminent domain.

So, on Friday, Senator Steve Newman (R-23, Forest) asked that HJ 693 be ”passed by for the day,” while he works on substitute language that addresses the issues some have with the resolution while still protecting its substance.

Property rights are fundamental to ensuring family life, our jobs and businesses, and even our places of worship. Strong property protections limit government growth and intrusiveness. Because it is a fundamental aspect to our liberty, The Family Foundation remains committed to this issue and the most comprehensive property protections for families, farmers and their businesses.

The Senate again will attempt to vote on HJ 693 this afternoon. Senators read their e-mails and take into account calls up to the last minute. It is not too late to make your voice heard to counter the special interests. Contact your senator and insist he or she support the strongest language in HJ 693 to protect property rights and the just compensation for those whose property must be taken for a true public use.

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21

02 2011

Update: HJ 693, Property Rights Constitutional Amendment, Passed By Again; More Time To Contact Your Senator!

The property rights resolution (state constitutional amendment), HJ 693, patroned by Delegate Johnny Joannou (D-79, Portsmouth), was passed by on the floor of the Senate again today. With numerous interested parties, on both sides of the issue, watching with great intent on monitors throughout several rooms in the General Assembly Building and capitol, Senator Steve Newman (R-23, Forest) made the motion that it be by passed by for the day. The pro forma courtesy was granted. The reason: unclear, though one senator, not involved in them, said it was due to negotiations. Negotiations? Always negotiations!

Frustrating observers and activists was that the resolution was the last piece of legislation on the calendar — all that time listening to debates over occupancy taxes and prison sentences for attacks on emergency room personnel for naught.

On the other hand, it provides more time to contact your senator and urge his or her vote for HJ 693, as well as more publicity about it. Two more radio talk shows in Richmond, that I’m aware of, have or will beat the drum today and tomorrow; and more time to share this information on your social media sites. A sampling of senate office staff indicates that calls and e-mails are running well ahead for supporting. Hopefully, the big utilities and big local government lobbyists (who use your tax dollars to lobby against your rights, such as supporting eminent domain) aren’t using this delay to cool down the temperature. Still, another reason to keep the pressure on!

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Senate Property Rights Vote Delayed; Contact Your Senator If You Already Haven’t!

I was hoping to write about a smashing, never-in-a-million-years-possible victory on property rights protection tonight; about how we were one step closer to enshrining that fundamental right into the Virginia Constitution. However, the Senate delayed the vote on HJ 693 (Delegate Johnny Joannou, D-Portsmouth) until tomorrow.

This one day delay gives you another chance to contact your senator, if you have not already done so, and ask him or her to vote to ensure this basic, fundamental right: To own property — for family, business or farm, or any legal reason — and not fear the government’s power of eminent domain, where it can take it and hand it over to a corporation because it can produce more tax revenue than your house or business. The right to own property, and be justly compensated for it if a true public need requires a government taking, is a requisite tool to preserve individual liberty and curb the growth and intrusiveness of government. It also is a matter of basic fairness: Some localities in the past have taken entire neighborhoods on the pretext that one or two houses were “blighted” and sold to developers for huge amounts of money.

We strongly urge you to contact your senator now. It will be a close, but winnable vote. This is historic — the Virginia Senate has not taken up such a measure in recent memory. People who believe that government has become too big in size and scope now must take only a few moments to click below and make their voices heard to their elected representatives. This is our moment. If this vote fails, we will have to wait at least three more years for the opportunity to vote at the ballot box for a state constitutional amendment to guarantee this precious and God-given right.

We cannot let this opportunity to get meaningful protections fail. For the longest time the Virginia Senate has been a roadblock, but tonight we are on the doorstep of a historic victory. Securing private property rights ensures stable families, jobs, farms and even the right to worship freely. Let’s beat back the special interests and local governments once and for all and ask your senator to represent you, not government.

Politicians come and go. The courts are unpredictable. The only permanent protections of our rights are those in the Virginia and U.S. Constitutions. Please act to ensure them now.

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Intrigue Inside The Senate Parlor: Countdown To Property Rights Showdown

Just beginning to explain the twists and turns of what is happening in the Virginia Senate over property rights would rival War and Peace. Forget about the whole story. So much to say, so much to keep confidential. Maybe a book, one day, is in the offing, or a screenplay. Okay, maybe an op-ed in the Richmond Times-Dispatch. You have to have goals.

Suffice it to say, the situation is fluid. I would hazard a guess that no one will know the outcome until Lt. Governor Bill Bolling announces the words, “The clerk will open the rolls. The senators will vote. …” I think some will hesitate and see what it going to happen, who is voting which way and what the count is. On the other hand, maybe a deal will be struck ahead of time. I’ve learned, when dealing with issues like this, as much of a cliche as it is, anything can — and usually — does happen. Nothing will surprise me. It is, after all, an election year.

Right now it’s close. By the vote, maybe not — in either direction. (In 2007, the House and Senate versions of eminent domain statutory reform barely escaped each chamber, but the conference report, which had the House’s tougher language, blasted through both chambers!) One thing that’s not good: A tie vote kills the resolution. A constitutional amendment must receive at least 21 votes of senators. The LG cannot break the tie. Another note: There’s a good chance the vote will be put off until Friday. But leave nothing to chance: Contact your senator now!

Here’s the breakdown: There’s slightly less than the 21 needed for the tougher language. There is probably enough for less strong, but very good language. Here’s the problem: There may be a few, who don’t get the version they want, who may scuttle the other, leaving us with neither version! Then, there are the out-and-out liberals who don’t believe in property right and are going to aid and abet which ever side it needs to accommodate that scuttle.

Does the extra day help or hurt one side or the other? It may slow down the momentum from yesterday’s dramatic doubleheader sub- and committee sweep (see Disrupt The Narrative). Yet, it may give the grassroots more time to pound senators’ offices. The utilities don’t need that kind of time. They just need the army of lobbyists they can deploy to cajole and, shall we say, persuade. It doesn’t take a lot of time to do that with the personnel and money they have at their disposal.

We, the people, the grassroots, the ones whose rights are affected by these special-interest laden decisions, have a say. It’s not too late by any stretch. Things change on a dime here at Mr. Jefferson’s capitol. Do your part!

Contact your senator and urge him or her to vote for HJ 693, (Delegate Johnny Joannou, D-Portsmouth) to support your property protections from big government and big corporations: by e-mail; by General Assemby office phone. Limiting government’s power of eminent domain limits government growth and intrusiveness, and secures our liberties. Don’t know your senator? Look him or her up here.

Breaking News: HJ 693, Property Rights Passes Committee 8-7! Close Vote Expected On Floor!

Today was one for the ages. A long shot priority piece of legislation, HJ 693, a property rights constitutional amendment patroned by Delegate Johnny Joannou (D-79, Portsmouth), passed in sub-committee and full committee! Within the last few hours, the Senate Privileges and Elections Committee voted 8-7 to report the resolution to the full Senate. Joining all six committee Republicans were Democrats Phil Puckett (D-38, Tazewell) and Creigh Deeds (D-25, Bath).

Now that it is on the Senate floor, we urgently need you to contact your senator and ask him or her to vote for HJ 693 to ensure the fundamental fairness of property rights and just compensation when your property is taken for a legitimate public use. Property rights are fundamental to our liberty, and to ensuring our family life, our jobs and businesses, and even our places of worship. Strong property protections limit government growth and intrusiveness. Now we are closer than ever — the first time in six years since the U.S. Supreme Court’s deplorable Kelo decision — to getting these rights enshrined in the Virginia Constitution.

It is very close, but very winnable, so we cannot let this opportunity to get meaningful protections fail. For the longest time the Virginia Senate has been a roadblock, but tonight we are on the doorstep!

Today, in both committees, about a dozen special interests lined up: Utilities and big corporations, and local governments and housing authorities (who use your tax dollars to lobby against your rights) lobbied relentlessly for the right to take your property for reasons other than true public uses. But a committee majority bravely listened to the people and now we have a real chance to see this resolution passed by the General Assembly and on the ballot for Virginians to vote on.

But we need you to act NOW!

The full Senate may vote on this as early as tomorrow and most likely Thursday. Now that we’ve come this far in the Senate, don’t let the special interests win by your inaction! Please take a short moment to contact your senator and ask him or her to vote for HJ 693!

Your voice matters! Please act now on this Family Foundation priority legislation!

Six years is long enough! Urge your senator to vote for HJ 693 on the Senate floor so that we can finally have the constitutional protections for our private property rights that other states have!

Click here for your senator’s e-mail address.

Click here for your senator’s General Assembly phone number.

15

02 2011

Breaking News: Senate Sub-Committee Sends Property Rights Amendment To Full P&E! Committee Votes This Afternoon; Contact Committee Members!

In a shockingly good news event earlier today, a Virginia Senate sub-committee finally did the will of the people and voted to report HJ 693, a constitutional amendment to protect your property rights! It passed 4-3, with Democrat Senator Creigh Deeds joining Republicans Steve Martin, Jeff McWaters and Ralph Smith. Now, after six years of thwarting this popular issue and fundamental right, there is a real chance to see this resolution passed by the General Assembly and on the ballot for Virginians to vote on.

But we need you to act NOW!

The full Senate Privileges and Elections Committee meets at 4:00 p.m. TODAY! That committee will decide whether the resolution goes to the Senate floor, where it will have an excellent chance to pass.

Please take a very short moment to contact senators on the committee and urge them to vote for HJ 693, to ensure your property rights and just compensation when your property is taken for a legitimate public use.

Click here to see committee members and access their contact information.

Today, in sub-committee, we beat back the special interests, the big corporations and utilities, and local governments and housing authorities (who use your tax dollars to lobby against your rights). As of right now, they are plotting to kill this fundamental right this afternoon in the full committee.

But your voice matters! Please act now on this Family Foundation priority legislation!

Six years is long enough! Urge these senators to vote for HJ 693 this afternoon in the Privileges and Elections Committee so that we can finally have the constitutional protections for our private property rights that other states have!

Why Property Rights Are Important And An Inside Look At The Senate: Interview With Senator Mark Obenshain

If you are wondering why we have emphasized the importance of property rights this session and the procedural games played by the Virginia Senate, then listen to an outstanding interview (below) given Saturday by Senator Mark Obenshain (R-26, Harrisonburg) to Scott and Richard Lee on Richmond radio station WRVA’s Saturday Morning With The Lee Brothers. In it, the senator gives the inside scoop on what has gone down in the Senate regarding the on-going rules fights between Republicans and majority Democrats, and handicaps tomorrow’s vote in a Senate Privileges and Elections sub-committee on HJ 693, a property rights amendment to the Virginia Constitution. It’s very much worth the listen.

Click here to listen to the Lee Brothers interview Senator Mark Obenshain (9:30).

Now that you’ve listened, don’t you want to do something about it? It’s not too late and it’s not just us saying so (see our friends at Disrupt The Narrative). Contact members of the sub-committee listed here and ask them to vote to report HJ 693, patroned by Delegate Johnny Joannou (D-79, Portsmouth).

Liberty Or Death Vote For Property Rights Tomorrow Morning In Senate Sub-Committee!

It’s hard to believe that just four people hold the fate of protecting the property rights of all Virginians, but that is the number of votes needed to pass or kill a proposed property rights amendment to the Virginia Constitution in the seven member Senate Privileges and Elections Sub-committee on Constitutional Amendments (see members here). A previous Senate resolution this session died on a 4-3 vote in this sub-committee and now the House version, passed 81-19 by that body, will be heard tomorrow morning in a liberty or death vote — it must pass in order for the full committee to hear the bill and to have a chance to get to the Senate floor (where it would have a good chance of passing).

Please contact members of the committee and ask them to vote to report HJ 693 to the full committee! Ask them to listen to the will of the people and protect your property rights.

While the Virginia Senate has proved to be a roadblock for property rights and reform of government’s oppressive power of eminent domain, Tuesday, the House of Delegates passed HJ 693, a state constitutional amendment patroned by Delegates Johnny Joannou (D-79, Portsmouth) and Rob Bell (R-58, Charlottesville), by an overwhelming 81-18 margin. This mammoth bipartisan vote surpasses even the 60-something vote the eminent domain reform statute received in 2007. Now, tomorrow morning, the Senate sub-committee will have a choice: listen to local governments and unelected housing and redevelopment authorities or the people they represent.

Defending our property rights is a longstanding principle of The Family Foundation, and we’ve supported efforts for several years to pass a constitutional amendment that answers the U.S. Supreme Court’s infamous and deplorable Kelo decision. Property rights affect all people, across all socio-economic and geographic lines. Whether urban, suburban or rural, Virginians are subject to losing their homes, farms, and family-run or small businesses to dubious “economic development” schemes, “revitalization” plans and government pork and boondoggle projects without this vital constitutional protection.

Without secure property rights, we only borrow our property from the government until it needs it; we have no security for our families, economic advancement or even to practice our faith. While government will always be here, our homes, businesses and places of worship have not such guarantee.

While many states rushed to grant their citizens state constitutional protections after the Kelo ruling, Virginians have waited six years for the Virginia Senate to act! This amendment must pass the Senate this year and both chambers again next year so Virginians can then vote on it at the ballot box in 2012. If it fails Tuesday, we must wait at least three more years – and we’ve already waited six!

Virginia passed a law in 2007 in response to Kelo, but developers, utilities, and local governments and housing and redevelopment authorities (who use your tax dollars to lobby against your rights) have tried each subsequent year to chip away at that statute. In short, as good as the statute is, it needs the protection only a constitutional amendment (HJ 693) can provide.