Wednesday, February 22, 2012

Property Rights in the State Constitution: SB240

Virginia Senate Bill #240 would, if enacted, put an amendment to the Constitution of Virginia on the ballot in November.

http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+SB240E

This one is very interesting. It's merely an editing job--the basic idea is already in the Constitution--and, if it specifically bars some abuses of "eminent domain," the words "or the elimination of a public nuisance" specifically admits others.

If it added something like "No property may be considered a public nuisance unless it is a confirmed source of mortal danger to other residents of Virginia," which would cover nuisances like fracking and uranium mining but would not allow "eminent domain" to be exercised every time a greedy neighbor objects to the look of someone's garden or store front, SB240 would be worth the public referendum for which it calls.

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