Inverse condemnation proceeding; reimbursement of owner's costs.
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SB 1153 — Inverse condemnation proceeding; reimbursement of owner's costs.
Last action — Approved by Governor-Chapter 735 (effective 7/1/17)
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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✓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 January 09, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
2 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 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
Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The amendment in this bill corresponds with the language of amendments to Article I, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013, and applies to declaratory judgment proceedings filed on or after July 1, 2017.
Bill Text
What changed in the latest version
119 added · 7 removedPlain-language change summary
The latest version of Bill SB 1153 includes some updates to its online tracking and support features. It adds a new section for easier navigation within the Virginia General Assembly's website, while removing a line that included an error message regarding website queries. This change is important because it aims to enhance user experience by ensuring that individuals accessing legislative information can find what they need more efficiently.
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SESSION history | hilite | pdf | print version CHAPTER 735 An Act to amend and reenact § 25.1-420 of the Code of Virginia, relating to inverse condemnation proceeding;
reimbursement of owner's costs.
[S 1153] Approved March 24, 2017 Be it enacted by the General Assembly of Virginia:
1.
That § 25.1-420 of the Code of Virginia is amended and reenacted as follows:
§ 25.1-420.
Reimbursement of owner for costs incurred in inverse condemnation proceeding.
If a declaratory judgment proceeding is instituted pursuant to § 8.01-187 by the owner of any right, title or interest in real property because of use of his property in any program or project undertaken by a state agency, and either (i) the court renders a judgment for the plaintiff in such proceeding and awards compensation for the damaging or taking of property or (ii) the Attorney General effects a settlement of any such proceeding in which the Commonwealth is a party, the court or Attorney General, as appropriate, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the Attorney General, as the case may be, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.
2.
That the provisions of this act shall not apply to declaratory judgment proceedings filed prior to July 1, 2017.
View plain text versions (3)
- Governor: Acts of Assembly Chapter text (CHAP0735) View text Current html March 24, 2017
- Senate: Bill text as passed Senate and House (SB1153ER) View text html March 07, 2017
- Prefiled Senate: Prefiled and ordered printed; offered 01/11/17 17100907D html January 09, 2017
Action History
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Approved by Governor-Chapter 735 (effective 7/1/17)
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Governor's Action Deadline Midnight, March 27, 2017
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Enrolled Bill Communicated to Governor on 3/13/17
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Signed by President
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Signed by Speaker
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Enrolled
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Passed House BLOCK VOTE (100-Y 0-N)
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Read third time
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Read second time
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Assigned Courts sub: Civil Law
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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 second time and engrossed
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/11/17 17100907D
Sponsors
- David R. Suetterlein · Cosponsor
- Mark D. Obenshain · Primary
- J. Chapman Petersen · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 1 co-sponsors · 145 not signed on
Sponsors (2)
Co-sponsors (1)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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 | 100 | 0 | 0 | 0 |
| Total | 100 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (100)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 1153 do?
- Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The amendment in this bill corresponds with the language of amendments to Article I, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013, and applies to declaratory judgment proceedings filed on or after July 1, 2017.
- Who sponsors SB 1153?
- SB 1153 is sponsored by David R. Suetterlein, Mark D. Obenshain, and Petersen, J. Chapman.
- What is the current status of SB 1153?
- This bill has been enacted into law. Introduced January 09, 2017. Enacted.
- Where can I track SB 1153?
- Track SB 1153 free on One Click Politics — get push/email alerts when it moves.
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