Vote Yes On Eminent Domain Amendment on November 6

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With the Cuccinelli visit to Roanoke pending, (click here for more information) it seemed like a good time to make sure we are getting the word out on something good that came out of this years General Assembly.

That is if it passes on November 6.

Please educate your friends and family to vote yes on Virginia’s Eminent Domain Reform Amendment, on Nov. 6.  We’ve got to do all we can to protect our private property rights and to make sure this Amendment passes…

From Darriel Burnett, Chairman Danville Tea Party:
“November 6th, election day, you will see a proposed Virginia Constitutional Amendment, SJ 3 Obenshain) Eminent Domain Reform. This is a must win!!!  It has to be passed. All property owners should support this to prevent Government entities from intruding on private property a “Fundamental Right of a free society”. This Amendment will tighten requirements to more narrowly define the term “public use”. In addition, private property cannot be taken for certain primary purposes such as increasing the tax base, revenues, or employment.

This will be on the ballot:  BALLOT QUESTION  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?

Most have heard of Eminent Domain, the Dillon Rule etc. but few understand the threat that exist even with this protection. Through the years, these have been whittled down, weakened and litigated to death. In some more extreme situations, ignored all together.
In 2005 the Kelo decision, from a case in Connecticut, The Supreme Court ruled private property and its transfer to a private business for economic development purposes was legal. However, in that ruling, it was determined that states could restrict the use of eminent domain.  Two years later, the Virginia General Assembly enacted § 1-219.1 of the Code of Virginia and set limits on the use of eminent domain powers. An exert from the new amendment proposal reads, “The condemnor bears the burden of proving that the use is public, without a presumption that it is”.
A yes vote is required to amend… please join me, send this to others and let’s get one on the books that actually protects people! Senator Mark Obenshain introduced this legislation, Senator Bill Stanley and Senator Frank Ruff, among others were patrons.
If you’d like more information, click here:

http://www.markobenshain.com/documents/SJ3_answers.pdf
Thanks for your effort,
Darriel Burnett, Chairman, Danville Tea Party”

2012-09-17 22:01:38

Source: http://www.roanoketeaparty.com/2012/09/vote-yes-on-eminent-domain-amendment-on-november-6/