SB 28 — Eminent domain; eliminates specific provisions for assessment of costs in certain proceedings.
Last action — Enacted, Chapter 1244 (effective 7/1/20)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 18, 2019. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 8 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Eminent domain; costs. Eliminates specific provisions for the assessment of costs in eminent domain proceedings where the condemnor is a public service company, public service corporation, railroad, or government utility corporation and provides that all costs shall be assessed in the same manner, regardless of the identity of the condemnor. The bill exempts condemnation actions for easements adjudged at less than $10,000. The bill also provides that its provisions apply only to condemnation actions filed on or after July 1, 2020.
Bill Text
- Enrolled Reenrolled bill text (SB28ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1244) View text Current html April 22, 2020
- Bill text as passed Senate and House (SB28ER) View text html March 07, 2020
- Amended Engrossed by Senate as amended SB28E html February 03, 2020
- Impact statement from DPB (SB28) View text html November 18, 2019
Action History
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Enacted, Chapter 1244 (effective 7/1/20)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB28ER2)
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Reenrolled
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Governor's recommendation adopted
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VOTE: (92-Y 0-N)
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House concurred in Governor's recommendation (92-Y 0-N)
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Senate concurred in Governor's recommendation (39-Y 1-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 12, 2020
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Impact statement from DPB (SB28ER)
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Block Vote Passage (98-Y 0-N)
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Passed House BLOCK VOTE (98-Y 0-N)
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Passed by temporarily
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Read third time
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Read second time
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Reported from Courts of Justice (21-Y 0-N)
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned Courts sub: Civil
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Impact statement from DPB (SB28E)
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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 20100603D-E
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Engrossed by Senate as amended SB28E
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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 (13-Y 1-N)
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Assigned Judiciary sub: Civil Law
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Impact statement from DPB (SB28)
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Moved from Courts of Justice to Judiciary due to a change of the committee name
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20100603D
Sponsors
- J. Chapman Petersen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 2 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 | 91 | 0 | 0 | 8 |
| Total | 91 | 0 | 0 | 8 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Not Voting |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| 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. | — | Yea |
| 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 | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
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 | — | Yea |
| 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 | 13 | 1 | 0 | 0 |
| Total | 13 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 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. | — | Nay |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 28 do?
- Eminent domain; costs. Eliminates specific provisions for the assessment of costs in eminent domain proceedings where the condemnor is a public service company, public service corporation, railroad, or government utility corporation and provides that all costs shall be assessed in the same manner, regardless of the identity of the condemnor. The bill exempts condemnation actions for easements adjudged at less than $10,000. The bill also provides that its provisions apply only to condemnation actions filed on or after July 1, 2020.
- Who sponsors SB 28?
- SB 28 is sponsored by Petersen, J. Chapman.
- What is the current status of SB 28?
- This bill has been enacted into law. Introduced November 18, 2019. Enacted.
- Where can I track SB 28?
- Track SB 28 free on One Click Politics — get push/email alerts when it moves.
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