
Citizens of the Commonwealth of Virginia will be voting on two state constitutional amendments in this year’s general election. These amendments would each add, remove, or change text in the Constitution of the Commonwealth of Virginia.
Question #1: Restoring Property Rights
Article 1, Section 11 of the Virginia Constitution, a part of the Virginia Bill of Rights that is similar to the Fifth Amendment to the U.S. Constitution, provides that no person shall be deprived of life, liberty, or property without due process of law. It goes on to say that the General Assembly may not pass “any law whereby private property shall be taken or damaged for public uses, without just compensation, the term ‘public uses’ to be defined by the General Assembly. . . .”
Unfortunately, our Fifth Amendment property protections have been utterly eviscerated by the U.S. Supreme Court’s ruling in the 2005 case Kelo v. New London. In that case, a narrow 5-4 majority of the justices found that governments may seize private property and turn it over to private businesses in the name of vaguely-defined ‘economic development.’ Since the wording in the Virginia Bill of Rights is very similar to that in the U.S. Bill of Rights, the Kelo ruling likely abrogates our state-level property rights as well. In fact, the Virginia version is probably in worse shape, since it explicitly leaves it to the General Assembly to define what constitutes ‘public use.’
