SB 809 Virginia Senate · 2018 Regular Session

Eminent domain; calculation of lost profits amends definitions.

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 status passed 4 of 5 stages cleared
Introduction
Jan 2018
Committee Review
Feb 2018
Senate Passage
Feb 2018
House of Delegates Passage
Feb 2018
Governor
Introduced Jan 11, 2018 Last action Mar 8, 2018
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
18
Key actions
3
Committee
6
Feb 28, 2018
Legislature · Passed
Passed House BLOCK VOTE (98-Y 0-N)
legislature
Feb 15, 2018
Committee
Assigned Courts sub: Subcommittee #2
legislature
Feb 14, 2018
Committee
Referred to Committee for Courts of Justice
legislature
Feb 8, 2018
Legislature · Passed
Engrossed by Senate - committee substitute SB809S1
legislature
Feb 8, 2018
Legislature · Passed
Committee substitute agreed to 18106228D-S1
legislature
Jan 29, 2018
Committee
Rereferred to Finance
legislature
Jan 11, 2018
Committee
Referred to Committee for Courts of Justice
legislature
Jan 11, 2018
Introduced
Presented and ordered printed 18104879D
legislature
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
CP
Chap Petersen
DDemocratic
VA
34