VirginiaCondemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.
What it does
Condemnation of conservation or open-space easement; compensation; Uniform Easement Relocation Act. Provides that if a person takes by condemnation proceedings any land or right-of-way or similar interest therein that is subject to a conservation easement or an open-space easement, the person shall compensate, in amounts proportionate to the land or interest therein being condemned, (i) the Commonwealth for the value of any tax credit received by the landowner under the provisions of the Virginia Land Conservation Incentives Act of 1999 during the pendency of the conservation easement or open-space easement and (ii) the locality in which the land or interest therein is located for any property tax avoided by the landowner during the pendency of the conservation easement or open-space easement. The bill further requires that compensation required to be paid to the Commonwealth pursuant to the provisions of the bill shall be in addition to (a) any compensation required by the provisions of the conservation easement due to the landowner and holder or compensation required by the provisions of the open-space easement due to the landowner and the public body and (b) fulfillment of the requirements pertaining to the conversion or diversion of open-space land.Subject to reenactment by the 2026 Session of the General Assembly, the bill further creates the Uniform Easement Relocation Act, which allows the owner of real estate burdened by an easement to obtain a court order to relocate the easement if the relocation does not materially impair, among other impairments, (1) the utility of the easement holder or (2) the physical condition, use, or value of the benefited property.
More detail
The Act requires that the burdened property owner file a civil action, give notice to other potentially affected real property interest owners, and bear the costs of relocation. Under current law, the owner of land that is subject to an easement may seek relocation of the easement on the servient estate upon petition to the circuit court and notice to all parties in interest, and the petition will be granted if, after a hearing held, the court finds that (A) the relocation will not result in economic damage to the parties in interest, (B) there will be no undue hardship created by the relocation, and (C) the easement has been in existence for not less than 10 years. The bill directs the Boyd-Graves Conference to conduct a study on the provisions of such Uniform Easement Relocation Act and report any findings of such study to the Chairmen of the Senate and House Committees for Courts of Justice by November 1, 2025.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- May 2Vetoed by Governor Glenn YoungkinLatest
- Apr 2Governor's Action Deadline 11:59 p.m., May 2, 2025To Governor
- Vote recorded House concurred in Governor's recommendation (96-Y 0-N). Result: pass.Lower
- Vote recorded Senate rejected Governor's recommendation (19-Y 21-N). Result: fail.Upper
- Apr 2Communicated to Governor
- Apr 2Senate rejected Governor's recommendation (19-Y 21-N)Major
- Apr 2House concurred in Governor's recommendation (96-Y 0-N)
- Mar 24Governor Glenn Youngkin's recommendation received by HouseMinor
- Mar 12Fiscal Impact Statement from Department of Planning and Budget (HB1721)
- Mar 11Governor's Action Deadline 11:59 p.m., March 24, 2025Minor
- Mar 11Enrolled Bill communicated to Governor on March 11, 2025Minor
- Mar 10Signed by PresidentMajor
- Mar 7Signed by SpeakerMajor
- Mar 7Bill text as passed House and Senate (HB1721ER)Major
- Mar 7EnrolledMinor
- Feb 27Fiscal Impact Statement from Department of Planning and Budget (HB1721)
- Feb 22Conference report agreed to by House (98-Y 0-N)Minor
- Vote recorded Conference report agreed to by House (98-Y 0-N). Result: pass.Lower
- Feb 22Conference substitute reprinted 25107919D-H3
- Feb 22Conference substitute printed 25107919D-H3
- Feb 21Conference report agreed to by Senate (40-Y 0-N)Minor
- Vote recorded Conference report agreed to by Senate (40-Y 0-N). Result: pass.Upper
- Feb 21Amended by conference committee
- Feb 20Senators: Perry, Surovell, Stuart
- Vote recorded Senate insisted on substitute (38-Y 0-N). Result: pass.Upper
- Vote recorded Senate substitute rejected by House (0-Y 96-N). Result: fail.Lower
- Vote recorded Passed Senate with substitute (39-Y 0-N). Result: pass.Upper
- Feb 20Conferees appointed by Senate
- Feb 20Delegates: Watts, Simon, Leftwich
- Feb 20Conferees appointed by House
- Feb 20House acceded to request
- Feb 20Senate requested conference committeeMinor
- Feb 20Senate insisted on substitute (38-Y 0-N)Major
- Feb 20Senate substitute rejected by House (0-Y 96-N)
- Feb 20Passed Senate with substitute (39-Y 0-N)Passed Senate
- Feb 20Engrossed by Senate - floor substitute
- Feb 20Senator Perry, Russet Substitute agreed to
- Feb 20Reading of substitute waived
- Feb 20Courts of Justice Amendment rejectedMinor
- Feb 20Floor substitute printed 25107844D-S1 (Perry)
- Feb 20Read third timeMinor
- Feb 19Passed by for the day
- Feb 18Passed by for the day
- Vote recorded Constitutional reading dispensed (on 2nd reading) (39-Y 0-N). Result: pass.Upper
- Feb 18Constitutional reading dispensed (on 2nd reading) (39-Y 0-N)
- Feb 18Rules suspended
- Feb 17Reported from Courts of Justice with amendments (14-Y 1-N)Minor
- Vote recorded Reported from Courts of Justice with amendments (14-Y 1-N). Result: pass.Upper
- Jan 24Referred to Committee for Courts of JusticeMinor
- Jan 24Constitutional reading dispensed (on 1st reading)
- Jan 23Read third time and passed House (97-Y 0-N)Passed House
- Vote recorded Read third time and passed House (97-Y 0-N). Result: pass.Lower
- Jan 22Engrossed by House - committee substituteMajor
- Jan 22Courts of Justice Substitute agreed to
- Jan 22Read second timeMinor
- Jan 22Fiscal Impact Statement from Department of Planning and Budget (HB1721)
- Jan 21Read first timeMinor
- Jan 17Committee substitute printed 25105310D-H2Major
- Vote recorded Reported from Courts of Justice with substitute (22-Y 0-N). Result: pass.Lower
- Jan 17Reported from Courts of Justice with substitute (22-Y 0-N)Minor
- Jan 15Subcommittee recommends reporting with substitute (8-Y 0-N)Major
- Vote recorded Subcommittee recommends reporting with substitute (8-Y 0-N). Result: pass.Lower
- Jan 10Assigned Courts sub: CivilMinor
- Jan 4Referred to Committee for Courts of JusticeMinor
- Jan 4Prefiled and ordered printed; Offered 01-08-2025 25100287DIntroduced