SB 9 — Eminent domain; payment of judgment, attorney fees.
Last action — Enacted, Chapter 702 (effective 7/1/22)
-
✓Introduced
-
✓In Committee
-
✓Passed Senate
-
✓Passed House of Delegates
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced December 06, 2021. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
1 sponsor
1 primary, 0 co-sponsors signed on.
-
Cleared a recorded vote
Passed 10 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Eminent domain; payment of judgment; attorney fees. Provides for attorney fees to be awarded in eminent domain cases in which there is a judgment for a property owner if such judgment is not paid within the time required by law.
Bill Text
What changed in the latest version
22 added · 19 removedPlain-language change summary
The amendment to § 25.1-247.1 of the Code of Virginia removes the requirement for funds due to property owners to be paid within 30 days of a settlement or final determination. It also specifies that payments can go directly to the owner or their attorney if consented to by the owner. This change means that while owners are still entitled to payment after a judgment, there is no longer a specific timeline for when the payments must be made.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 702R An Act to amend and reenact § 25.1-247.1 of the Code of Virginia, relating to eminent domain;
E N [S 9] Approved AprilR 27, 2022 Be it enacted by the General Assembly of Virginia:
O 1.
§L 25.1-247.1.Notwithstanding any other provision of this chapter, upon any settlement or final determination resulting in a judgment for the owner, whether funds have been paid into the court or are outstEnding, all such funds due and owing shall be payable to the owner or, if the owner consents, to the owner's 25.1-241, 25.1-243, or 25.1-250.
Distribution of funds to owner or owner's attorney.
Notwithstanding any other provision of this chapter, upon any settlement or final determination resulting in a judgment for the owner, whether funds have been paid into the court or are outstanding, all such funds due and owing shall be payable to the owner or, if the owner consents, to the owner's attorney within 30 days of the settlement or final determination, unless otherwise subject to § 25.1-240, 25.1-241, 25.1-243, or 25.1-250.
The failure to pay these sums within 30 days to the property owner, as specified herein, shall result in an award of attorney fees and interest at the judgment rate from the date the funds became due and owing.
TheThed of provisions of this section and its remedies shall apply to any condemnation action whether such action arises under this title or under Title 33.2.
B R 2
View plain text versions (5)
- SB9ER2 View text pdf April 27, 2022
- CHAP0702 View text Current pdf April 27, 2022
- SB9ER View text pdf March 08, 2022
- Engrossed Printed as engrossed 22102162D-E pdf January 28, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22102162D pdf December 06, 2021
Action History
-
Enacted, Chapter 702 (effective 7/1/22)
-
Signed by Speaker as reenrolled
-
Signed by President as reenrolled
-
Reenrolled bill text (SB9ER2)
-
Reenrolled
-
Governor's recommendation adopted
-
VOTE: Adoption (100-Y 0-N)
-
House concurred in Governor's recommendation BLOCK VOTE (100-Y 0-N)
-
Senate concurred in Governor's recommendation (40-Y 0-N)
-
Governor's recommendation received by Senate
-
Governor's Action Deadline 11:59 p.m., April 11, 2022
-
Enrolled Bill Communicated to Governor on March 22, 2022
-
Signed by Speaker
-
Signed by President
-
Enrolled
-
House amendment agreed to by Senate (40-Y 0-N)
-
VOTE: Block Vote Passage (100-Y 0-N)
-
Passed House with amendment BLOCK VOTE (100-Y 0-N)
-
Engrossed by House as amended
-
Committee amendment agreed to
-
Read third time
-
Read second time
-
Reported from Courts of Justice with amendment(s) (20-Y 0-N)
-
Subcommittee recommends reporting with amendments (8-Y 0-N)
-
Assigned Courts sub: Subcommittee #2
-
Referred to Committee for Courts of Justice
-
Read first time
-
Placed on Calendar
-
Read third time and passed Senate (40-Y 0-N)
-
Printed as engrossed 22102162D-E
-
Engrossed by Senate as amended SB9E
-
Committee amendment agreed to
-
Reading of amendment waived
-
Read second time
-
Constitutional reading dispensed (39-Y 0-N)
-
Reported from Finance and Appropriations with amendment (15-Y 0-N)
-
Senate committee, floor amendments and substitutes offered
-
Rereferred to Finance and Appropriations
-
Reported from Judiciary (15-Y 0-N)
-
Referred to Committee on the Judiciary
-
Prefiled and ordered printed; offered 01/12/22 22102162D
Sponsors
- J. Chapman Petersen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
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 | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| 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 | 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 | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | 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 |
|---|---|---|
| Bell, Robert B. | — | Not Voting |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | 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 | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | 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 9 do?
- Eminent domain; payment of judgment; attorney fees. Provides for attorney fees to be awarded in eminent domain cases in which there is a judgment for a property owner if such judgment is not paid within the time required by law.
- Who sponsors SB 9?
- SB 9 is sponsored by Petersen, J. Chapman.
- What is the current status of SB 9?
- This bill has been enacted into law. Introduced December 06, 2021. Enacted.
- Where can I track SB 9?
- Track SB 9 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 9
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 9
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →