VirginiaHB4462026 Regular SessionHouseWALLET

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

Sponsored By: Marcus B. Simon (Democratic)

Signed by Governor

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

4 provisions identified: 0 benefits, 4 costs, 0 mixed.

Oyster rights face forced rail acquisition

The Virginia Passenger Rail Authority can take part or all of rights in oyster bottoms or oyster-planting grounds. It can use eminent domain, which allows compulsory acquisition, when those rights are necessary for its purposes. Owners and other holders of these rights are affected.

Rail authority gains broader land-taking powers

The Virginia Passenger Rail Authority can force the sale of public or private property it deems needed for rail construction or operations. This includes land, access rights, and other property rights, including those needed to restore, replace, or move damaged property. The law removes earlier conditions tied to failed price talks and specified owner circumstances. The Authority can also acquire property to transfer to others when it will serve a legally defined public use. Taking leftover parcels is also declared a public use.

Former owners lose transportation buyback protections

The law removes the former-owner buyback-offer requirements for transportation property acquired by a locality or the Virginia Passenger Rail Authority. This includes property for bond-funded projects and future transportation improvements. Separate transportation-property disposal rules apply instead. Former owners, heirs, successors, and assigns lose the protection of the former offer requirements for this property.

Rail property faces fewer local controls

The Virginia Passenger Rail Authority is exempt from local location and consent limits on certain wetlands-related land takings. This applies to acquisitions under Virginia's transportation law when project approval requires measures to offset harm to wetlands. Transferred rail rights-of-way are also exempt from local ordinances under Chapter 22. That exemption now applies regardless of whether the rights-of-way came from a railroad.

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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