VirginiaHB17212025 Regular SessionHouse

Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.

Sponsored By: Vivian E. Watts (Democratic)

Failed

Summary

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. 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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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Vivian E. Watts

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 510 • No: 118

Senate vote • 4/2/2025

Senate rejected Governor's recommendation

Yes: 19 • No: 21

House vote • 4/2/2025

House concurred in Governor's recommendation

Yes: 96 • No: 0

House vote • 2/22/2025

Conference report agreed to by House

Yes: 98 • No: 0

Senate vote • 2/21/2025

Conference report agreed to by Senate

Yes: 40 • No: 0

House vote • 2/20/2025

Senate substitute rejected by House

Yes: 0 • No: 96

Senate vote • 2/20/2025

Passed Senate with substitute

Yes: 39 • No: 0

Senate vote • 2/20/2025

Senate insisted on substitute Block Vote

Yes: 38 • No: 0

Senate vote • 2/18/2025

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote • 2/17/2025

Reported from Courts of Justice with amendments

Yes: 14 • No: 1

House vote • 1/23/2025

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote • 1/17/2025

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

House vote • 1/15/2025

Subcommittee recommends reporting with substitute

Yes: 8 • No: 0 • Other: 1

Actions Timeline

  1. Vetoed by Governor

    5/2/2025Governor
  2. Senate rejected Governor's recommendation (19-Y 21-N)

    4/2/2025Senate
  3. Governor's Action Deadline 11:59 p.m., May 2, 2025

    4/2/2025Governor
  4. Communicated to Governor

    4/2/2025House
  5. House concurred in Governor's recommendation (96-Y 0-N)

    4/2/2025House
  6. Governor's recommendation received by House

    3/24/2025Governor
  7. Fiscal Impact Statement from Department of Planning and Budget (HB1721)

    3/12/2025House
  8. Governor's Action Deadline 11:59 p.m., March 24, 2025

    3/11/2025Governor
  9. Enrolled Bill communicated to Governor on March 11, 2025

    3/11/2025House
  10. Signed by President

    3/10/2025Senate
  11. Bill text as passed House and Senate (HB1721ER)

    3/7/2025House
  12. Enrolled

    3/7/2025House
  13. Signed by Speaker

    3/7/2025House
  14. Fiscal Impact Statement from Department of Planning and Budget (HB1721)

    2/27/2025House
  15. Conference substitute reprinted 25107919D-H3

    2/22/2025House
  16. Conference substitute printed 25107919D-H3

    2/22/2025House
  17. Conference report agreed to by House (98-Y 0-N)

    2/22/2025House
  18. Conference report agreed to by Senate (40-Y 0-N)

    2/21/2025Senate
  19. Amended by conference committee

    2/21/2025
  20. Senate insisted on substitute Block Vote (38-Y 0-N)

    2/20/2025Senate
  21. Passed Senate with substitute (39-Y 0-N)

    2/20/2025Senate
  22. Floor substitute printed 25107844D-S1 (Perry)

    2/20/2025Senate
  23. Senators: Perry, Surovell, Stuart

    2/20/2025Senate
  24. Conferees appointed by Senate

    2/20/2025Senate
  25. Engrossed by Senate - floor substitute

    2/20/2025Senate

Bill Text

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