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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.

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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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.

Contact your senator by e-mail.

Contact your senator by phone.

Learn who your senator is.

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!

Contact your senator by e-mail.

Contact your senator by phone.

Learn who your senator is.

Wish I had more time to write about this. Wish I had more time to participate today, but I was wearing my other hat (as lobbyist) — and even ended up lobbying my fellow bloggers to blog about the big property rights vote: But it was a tremendous day at Lt. Governor Bill Bolling’s 4th Annual Bloggers Day At The Capitol, capped off with a terrific reception with the LG and Governor Bob McDonnell at the Executive Mansion in the early evening.

Thanks a million Lt. Governor! Thanks also to my bloggers in arms. I wish only that I could’ve solely focused on the fun of talking blog shop and not slugging it out in the legislative trenches with friends and foes (some of which was going on just outside the doorway where where the afternoon bloggers’ briefing took place). Oh, what I wish I could blog about!

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.

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).

While the Virginia Senate has proved to be a roadblock for property rights and reform of government’s oppressive power of eminent domain — first, by defeating SJ 307 4-3 in a sub-committee vote, then refusing to bring it to the full Privileges and Elections Committee, then blocking a discharge motion to bring it to the floor — all hope of passing a constitutional amendment to guarantee these protections is not lost this session. That’s because at the same time the Senate majority Democrats defeated Senator Mark Obenshain’s discharge motion on SJ 307 Tuesday, the House passed HJ 693, 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, this coming Tuesday morning, the same Senate subcommittee that earlier in session listened to local governments and unelected housing and redevelopment authorities instead of their constituents, will get another chance to listen to the will of the people and protect your property rights.

Contact members of the Senate Privileges and Elections Sub-committee on Constitutional Amendments Tuesday morning (members’ contact links here) and ask them to report HJ 693.

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. Perhaps the most affected are urban families, whose homes and businesses are considered an inconvenience to urban planners’ redevelopment schemes, most of which always fail (think Richmond’s 6th Street Marketplace).

While Virginia passed a law in 2007 in  response to Kelo, 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 can provide.

After two weeks of delays, one of the most important committee votes of the 2011 General Assembly will take place Friday morning in the House Privileges and Elections Committee. Members will consider a constitutional amendment to safeguard your property rights from the power of eminent domain by state and local government and utilities. It is the last chance the committee has to approve the resolution if it is to meet the “crossover” deadline and pass it to the Senate. If there is no constitutional amendment passed this session, the earliest chance Virginians will have to vote on one will be November 2014.

It is urgent that you contact committee members to support this vitally important issue. Better still if one is your delegate. Click here for links to their contact information.

There are two identical resolutions before the committee: HJ 647, patroned by Delegate Rob Bell (R-58, Charlottesville) and/or HJ 693, patroned by Delegate Johnny Joannou (D-79, Portsmouth). This has been a long and difficult process, with a lot of work behind the scenes, but little to show for it so far, fighting off the big utilities as well as local governments who use your tax dollars to lobby against your rights. Friday, however, is our chance to move the ball forward for constitutional protections, limited government and economic and personal liberty.

Eminent domain is one of the most powerful and intimidating tools government has to increase its size, expand its reach into our lives and limit our freedoms. Without constitutional protections, you only borrow your property until the government takes it for whatever reason it determines. Without property rights, we don’t have secure homes for our families, the liberty to practice our faith, or the opportunity for economic advancement.

The fact is, ever since the deplorable Kelo decision by the U.S. Supreme Court, local and state governments have had eyes bigger than their stomachs for homes, farms and small businesses to feed their economic development schemes and pork barrel projects. Worse, sometimes they take private property and turn it over to another private entity. In one heinous case in Hampton, the city took private property for a pittance, and then sold it to a developer for millions while the original owner saw none of the extra money.

The Kelo decision was in 2005. The General Assembly has kept us waiting long enough to secure our constitutional rights to private property. Now, tell them the waiting is over!

Last week we wrote a post on urgent action needed on an important piece of legislation: SJ 307, a proposed amendment to the Virginia Constitution to protect property rights from excessive eminent domain and provide just compensation to landowners when a public taking truly is necessary.

The patron of the resolution, Senator Mark Obenshain (R-26, Harrisonburg), subsequent to the post, asked the sub-committee to carry it over to this Tuesday morning — and we desperately need you to contact your members of the sub-committee, and urge them to vote for the resolution (click here for sub-committee members)!

When the U.S. Supreme Court issued its deplorable Kelo decision several years ago — it said while the federal courts could not protect property owners from local and state governments — it basically invited states to enact their own protections. Most did. Why are Virginians still waiting for their legislature to act?

Right now, lobbyists for local governments — who use your hard-earned tax dollars to work against your rights at the General Assembly — and large utilities and telecoms are working behind the scenes with their considerable resources, to strengthen their hand for your property. No less than 10 government and corporate groups are lined up against this amendment, while The Family Foundation (see our Constitutional Government paper), The Farm Bureau and the Virginia Agribusiness Council are among the few working for the many — that is, the people.

Without property rights, we don’t have secure homes. Without property rights, we don’t have the security to practice our faith. Without property rights, we have no economic security. Local and state government have eyes bigger than their stomachs for homes, farms and small businesses to feed their economic development schemes. They’ve taken private property and turned it over to developers and corporations for malls and office parks, or for transportation boondoggles. In one heinous case in Hampton, the city took private property for a pittance, and then sold it to a developer for millions while the original owner saw none of the extra money.

At one time, Virginia was a leader in protecting property rights and our Founders, such as Thomas Jefferson and James Madison, ensured these rights in the Commonwealth’s constitution. However, in the last constitutional revision in the early 1970s, they were diminished. But now, with a reawakening of Founding Principles across Virginia and the nation, there is real momentum this year for true reform.

While Big Government and Big Corporations have much money, we have many voices – and they matter! You are a force equalizer. Please contact these senator and express your desire to see Virginia protect your property rights — your homes, farms and businesses!