Eminent domain; notice of intent to file certificate.
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SB 967 — Eminent domain; notice of intent to file certificate.
Last action — VOTE: Reconsideration rejected (47-Y 53-N)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Eminent domain; notice of intent to file certificate. Provides that the notice required to be sent to a landowner prior to an authorized condemnor recording a certificate of take or certificate of deposit shall state that (i) the certificate of take or certificate of deposit will be recorded between 30 and 45 days from the date of the notice and (ii) that the property will transfer to the condemnor upon recordation and that the owner has the right to petition the court for distribution of the funds represented in the certificate.
Bill Text
What changed in the latest version
20 added · 20 removedPlain-language change summary
The amendment to SB 967 clarifies the language surrounding the recording of a "certificate of take" or "certificate of deposit" in land records, specifying that this must be done within 30 to 45 days following notice. Additionally, it emphasizes that upon this recording, ownership of the property transfers to the condemnor, while also affirming the owner's right to petition the court to access the funds tied to the certificate. These changes are important as they provide clearer guidelines for property owners affected by condemnation, ensuring they understand their rights and the timeline for the transfer of ownership.
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SESSION history | hilite | pdf | print version 20105266D20108418D SENATE BILL NO.
967 SenateAMENDMENT AmendmentsIN inTHE [NATURE ]OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 3,19, 20202020) (Patron Prior to Substitute--Senator Cosgrove) A BILL to amend and reenact § 25.1-306 of the Code of Virginia, relating to eminent domain;
---------- Patron Prior to Engrossment--Senator Cosgrove ---------- Referred to Committee on the Judiciary ---------- Be it enacted by the General Assembly of Virginia:
Such notice shall contain the following language:language, as appropriate:
(i) "Between 30 and 45 days from the date of this notice, a [certificatecertificate of take will be recorded in the land records of the circuit court" or (ii) "Between 30 and 45 days from the date of this notice, a certificate of deposit]deposit will be recorded in the land records of the circuit court,"court." asSuch appropriate.notice shall also state that upon recordation of the certificate, the defeasible title to the property shall transfer to the condemnor and that the owner has the right to petition the court for distribution of the funds represented by the certificate, subject to any preexisting liens or other encumbrances upon the property.
Such notice shall also state that upon recordation of the certificate, the [ ownership of defeasible title to ] the property shall transfer to the condemnor and that the owner has the right to petition the court [ to take possession for distribution ] of the funds represented by the certificate, subject to any preexisting liens or other encumbrances upon the property.
View plain text versions (3)
- SB967H1 View text Current html February 19, 2020
- Amended Engrossed by Senate as amended SB967E html February 03, 2020
- Impact statement from DPB (SB967) View text html January 14, 2020
Action History
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VOTE: Reconsideration rejected (47-Y 53-N)
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Reconsideration of defeated action rejected by House (47-Y 53-N)
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VOTE: DEFEATED (39-Y 60-N)
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Defeated by House (39-Y 60-N)
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Committee substitute agreed to 20108418D-H1
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Read third time
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Passed by for the day
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Read second time
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Committee substitute printed 20108418D-H1
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Reported from Courts of Justice with substitute (20-Y 0-N)
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Subcommittee recommends reporting with amendments (7-Y 0-N)
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Assigned Courts sub: Civil
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Impact statement from DPB (SB967E)
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Printed as engrossed 20105266D-E
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Engrossed by Senate as amended SB967E
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Committee amendments agreed to
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Reading of amendments waived
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Reported from Judiciary with amendments (14-Y 0-N)
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Assigned Judiciary sub: Civil Law
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Impact statement from DPB (SB967)
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Referred to Committee on the Judiciary
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Presented and ordered printed 20105266D
Sponsors
- Cosgrove, John A., Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 57 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 47 | 52 | 0 | 0 |
| Total | 47 | 52 | 0 | 0 |
| % of votes cast | 47% | 53% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 59 | 0 | 1 |
| Total | 39 | 59 | 0 | 1 |
| % of votes cast | 39% | 60% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 2 |
| Total | 20 | 0 | 0 | 2 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Not Voting |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Not Voting |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 2 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bourne, Jeffrey M. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Patrick A. Hope | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 967 do?
- Eminent domain; notice of intent to file certificate. Provides that the notice required to be sent to a landowner prior to an authorized condemnor recording a certificate of take or certificate of deposit shall state that (i) the certificate of take or certificate of deposit will be recorded between 30 and 45 days from the date of the notice and (ii) that the property will transfer to the condemnor upon recordation and that the owner has the right to petition the court for distribution of the funds represented in the certificate.
- Who sponsors SB 967?
- SB 967 is sponsored by Cosgrove, John A., Jr..
- What is the current status of SB 967?
- This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 967?
- Track SB 967 free on One Click Politics — get push/email alerts when it moves.
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