VirginiaHB4462026 Regular SessionHouseWALLET

Virginia Passenger Rail Authority; expands authority to exercise power of eminent domain.

Sponsored By: Marcus B. Simon (Democratic)

Became Law

Summary

Virginia Passenger Rail Authority; eminent domain. Expands the authority of the Virginia Passenger Rail Authority to exercise the power of eminent domain.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Stronger rail eminent domain powers

The Virginia Passenger Rail Authority can condemn many types of property, including land under water, riparian rights, parks, highways, and oyster grounds, when needed for rail projects. Once it deposits the appraised price and court costs with the court, title transfers and it can take possession right away. It can take a whole parcel if a partial take leaves the rest unusable, takes part of a building, cuts off road access, moving improvements would cost too much, or damages equal the value of what remains. Owners can block the taking of a small uneconomic remnant if they want to keep it. People owed money may ask the court for their share of the deposit.

Limits on wetland mitigation takings

Eminent domain to get land for wetland mitigation is limited. Land can be taken only if it is in the same locality as the project or the local government where the land sits agrees. This limit does not apply to takings by the Commissioner of Highways or by the Virginia Passenger Rail Authority under transportation law.

Stronger tools and funding for rail

The Virginia Passenger Rail Authority can buy or lease land and rail assets inside or outside Virginia to build and run passenger rail. It can sell, lease, or pledge property; any deal over $5,000,000 needs approval by the Commonwealth Transportation Board. The state and localities can transfer property, services, or money to the Authority, and bonds can be issued to fund rail projects. The Authority can also reimburse local debt tied to facilities it receives.

No buyback on transportation takings

If your property was taken for certain transportation projects, you no longer get an automatic offer to buy it back when it is declared surplus. This applies to takings by the Commissioner of Highways under transportation law and to takings by a locality or the Virginia Passenger Rail Authority for transportation projects. Those follow separate rules.

New rules on oyster grounds takings

VDOT, the Virginia Passenger Rail Authority, and localities can use eminent domain to take rights in oyster bottoms and oyster‑planting grounds when needed for their projects. But localities generally cannot condemn leased oyster‑planting grounds, unless it is for a water‑dependent linear wastewater project with no practical alternative and proper permits.

State rail authority overrides local rules

When local rules conflict with the Virginia Passenger Rail Authority Board on rail ownership, use, or passenger service, the Board’s decision controls. Railroad rights‑of‑way that move to the Authority are not subject to certain local ordinances under state law.

Sponsors & Cosponsors

Sponsor

  • Marcus B. Simon

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 285 • No: 47

House vote 3/6/2026

Senate substitute agreed to by House

Yes: 78 • No: 19

Senate vote 3/4/2026

Transportation Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/4/2026

Passed Senate with substitute

Yes: 37 • No: 3

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/2/2026

Reported from Courts of Justice

Yes: 14 • No: 0 • Other: 1

Senate vote 2/26/2026

Reported from Transportation with substitute and rereferred to Courts of Justice

Yes: 12 • No: 1 • Other: 2

House vote 2/4/2026

Read third time and passed House

Yes: 73 • No: 24

House vote 1/29/2026

Reported from Transportation with amendment(s)

Yes: 21 • No: 0

House vote 1/27/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0924)

    4/13/2026Governor
  2. Approved by Governor-Chapter 924 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB446)

    3/13/2026House
  6. Bill text as passed House and Senate (HB446ER)

    3/13/2026House
  7. Enrolled

    3/13/2026House
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. Senate substitute agreed to by House (78-Y 19-N 0-A)

    3/6/2026House
  11. Passed Senate with substitute (37-Y 3-N 0-A)

    3/4/2026Senate
  12. Transportation Substitute agreed to

    3/4/2026Senate
  13. Engrossed by Senate - committee substitute

    3/4/2026Senate
  14. Read third time

    3/4/2026Senate
  15. Fiscal Impact Statement from Department of Planning and Budget (HB446)

    3/3/2026House
  16. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  17. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  18. Rules suspended

    3/3/2026Senate
  19. Reported from Courts of Justice (14-Y 0-N 1-A)

    3/2/2026Senate
  20. Committee substitute printed 26108677D-S1

    2/27/2026Senate
  21. Senate committee offered

    2/26/2026Senate
  22. Reported from Transportation with substitute and rereferred to Courts of Justice (12-Y 1-N 2-A)

    2/26/2026Senate
  23. Referred to Committee on Transportation

    2/5/2026Senate
  24. Constitutional reading dispensed (on 1st reading)

    2/5/2026Senate
  25. Read third time and passed House (73-Y 24-N 0-A)

    2/4/2026House

Bill Text

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