SB 809 — Eminent domain; calculation of lost profits amends definitions.
Last action — Signed by President
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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 11, 2018. 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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2 sponsors
1 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
Amends, in the definitions of "lost profits" and "business profit" for the purposes of eminent domain, the period for which lost profits are calculated to a period not to exceed three years from the later of (i) the date of valuation or (ii) the date the state agency or its contractor prevents the owner from using the land or any of the owner's other property rights are taken. Under current law, lost profits are calculated for a period not to exceed (a) three years from the date of valuation if less than the entire parcel of property is taken or (b) one year from the date of valuation if the entire parcel of property is taken. The bill specifies that the person claiming lost profits is entitled to compensation whether part of the property or the entire parcel of property is taken. The bill further specifies that if the owner is not named in the petition for condemnation, he may intervene in the proceeding and that proceedings to adjudicate lost profits may be bifurcated from the other proceedings to determine just compensation if the lost profits claim period will not expire until one year or later from the date of the filing of the petition for condemnation, but such bifurcation shall not prevent the entry of an order confirming indefeasible title to the land interests acquired by the condemning authority. This bill incorporates
Bill Text
What changed in the latest version
9 added · 13 removedPlain-language change summary
The amendment to Bill SB 809 clarifies that businesses or farms cannot seek compensation for temporary disruptions caused by eminent domain unless these disruptions are directly linked to property being taken or damaged. This change is important because it sets a clear boundary on what can be claimed and could help prevent disputes over less direct impacts on businesses or farms when property is acquired by the government.
SESSION history | hilite | pdf | print version 18106228DVIRGINIA SENATEACTS BILLOF NO.ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 25.1-100 and 25.1-230.1 of the Code of Virginia, relating to eminent domain;
809 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on January 29, 2018) (Patrons Prior to Substitute--Senators Petersen and Chase [SB 911]) A BILL to amend and reenact §§ 25.1-100 and 25.1-230.1 of the Code of Virginia, relating to eminent domain;
[S 809] Approved Be it enacted by the General Assembly of Virginia:
View plain text versions (3)
- Senate: Bill text as passed Senate and House (SB809ER) View text Current html March 05, 2018
- Committee Substitute Senate: Committee substitute printed 18106228D-S1 html January 29, 2018
- Senate: Presented and ordered printed 18104879D View text html January 11, 2018
Action History
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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 (98-Y 0-N)
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Read third time
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Read second time
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Assigned Courts sub: Subcommittee #2
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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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Engrossed by Senate - committee substitute SB809S1
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Committee substitute agreed to 18106228D-S1
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Reading of substitute waived
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Read second time
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Rereferred to Finance
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Incorporates SB911 (Chase)
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Referred to Committee for Courts of Justice
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Presented and ordered printed 18104879D
Sponsors
- Amanda F. Chase · Cosponsor
- J. Chapman Petersen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"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 | 98 | 0 | 0 | 0 |
| Total | 98 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (98)
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 809 do?
- Amends, in the definitions of "lost profits" and "business profit" for the purposes of eminent domain, the period for which lost profits are calculated to a period not to exceed three years from the later of (i) the date of valuation or (ii) the date the state agency or its contractor prevents the owner from using the land or any of the owner's other property rights are taken. Under current law, lost profits are calculated for a period not to exceed (a) three years from the date of valuation if less than the entire parcel of property is taken or (b) one year from the date of valuation if the entire parcel of property is taken. The bill specifies that the person claiming lost profits is entitled to compensation whether part of the property or the entire parcel of property is taken. The bill further specifies that if the owner is not named in the petition for condemnation, he may intervene in the proceeding and that proceedings to adjudicate lost profits may be bifurcated from the other proceedings to determine just compensation if the lost profits claim period will not expire until one year or later from the date of the filing of the petition for condemnation, but such bifurcation shall not prevent the entry of an order confirming indefeasible title to the land interests acquired by the condemning authority. This bill incorporates
- Who sponsors SB 809?
- SB 809 is sponsored by Chase, Amanda F. and Petersen, J. Chapman.
- What is the current status of SB 809?
- This bill has been enacted into law. Introduced January 11, 2018. Enacted.
- Where can I track SB 809?
- Track SB 809 free on One Click Politics — get push/email alerts when it moves.
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