VA HB1721 | 2025 | Regular Session
Status
Sponsorship: Partisan Bill (Democrat 1)
Status: Vetoed on May 2 2025 - 100% progression
Action: 2025-05-02 - Vetoed by Governor
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on May 2 2025 - 100% progression
Action: 2025-05-02 - Vetoed by Governor
Text: Latest bill text (Enrolled) [HTML]
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.
Title
Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.
Sponsors
Roll Calls
2025-04-02 - House - House concurred in Governor's recommendation (96-Y 0-N) (Y: 96 N: 0 NV: 0 Abs: 4) [PASS]
2025-04-02 - Senate - Senate rejected Governor's recommendation (19-Y 21-N) (Y: 19 N: 21 NV: 0 Abs: 0) [FAIL]
2025-02-22 - House - Conference report agreed to by House (98-Y 0-N) (Y: 98 N: 0 NV: 0 Abs: 2) [PASS]
2025-02-21 - Senate - Conference report agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2025-02-20 - Senate - Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2025-02-20 - Senate - Senate insisted on substitute (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2025-02-20 - House - Senate substitute rejected by House (0-Y 96-N) (Y: 0 N: 96 NV: 0 Abs: 4) [FAIL]
2025-02-18 - Senate - Constitutional reading dispensed (on 2nd reading) (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2025-02-17 - Senate - Reported from Courts of Justice with amendments (14-Y 1-N) (Y: 14 N: 1 NV: 0 Abs: 0) [PASS]
2025-01-23 - House - Read third time and passed House (97-Y 0-N) (Y: 97 N: 0 NV: 0 Abs: 3) [PASS]
2025-01-17 - House - Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2025-01-15 - House - Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
2025-04-02 - Senate - Senate rejected Governor's recommendation (19-Y 21-N) (Y: 19 N: 21 NV: 0 Abs: 0) [FAIL]
2025-02-22 - House - Conference report agreed to by House (98-Y 0-N) (Y: 98 N: 0 NV: 0 Abs: 2) [PASS]
2025-02-21 - Senate - Conference report agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2025-02-20 - Senate - Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2025-02-20 - Senate - Senate insisted on substitute (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2025-02-20 - House - Senate substitute rejected by House (0-Y 96-N) (Y: 0 N: 96 NV: 0 Abs: 4) [FAIL]
2025-02-18 - Senate - Constitutional reading dispensed (on 2nd reading) (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2025-02-17 - Senate - Reported from Courts of Justice with amendments (14-Y 1-N) (Y: 14 N: 1 NV: 0 Abs: 0) [PASS]
2025-01-23 - House - Read third time and passed House (97-Y 0-N) (Y: 97 N: 0 NV: 0 Abs: 3) [PASS]
2025-01-17 - House - Reported from Courts of Justice with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2025-01-15 - House - Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2025-05-02 | Vetoed by Governor | |
| 2025-04-02 | Governor's Action Deadline 11:59 p.m., May 2, 2025 | |
| 2025-04-02 | House | Communicated to Governor |
| 2025-04-02 | Senate | Senate rejected Governor's recommendation (19-Y 21-N) |
| 2025-04-02 | House | House concurred in Governor's recommendation (96-Y 0-N) |
| 2025-03-24 | Governor's recommendation received by House | |
| 2025-03-12 | House | Fiscal Impact Statement from Department of Planning and Budget (HB1721) |
| 2025-03-11 | Governor's Action Deadline 11:59 p.m., March 24, 2025 | |
| 2025-03-11 | House | Enrolled Bill communicated to Governor on March 11, 2025 |
| 2025-03-10 | Senate | Signed by President |
| 2025-03-07 | House | Signed by Speaker |
| 2025-03-07 | House | Bill text as passed House and Senate (HB1721ER) |
| 2025-03-07 | House | Enrolled |
| 2025-02-27 | House | Fiscal Impact Statement from Department of Planning and Budget (HB1721) |
| 2025-02-22 | House | Conference report agreed to by House (98-Y 0-N) |
| 2025-02-22 | House | Conference substitute reprinted 25107919D-H3 |
| 2025-02-22 | House | Conference substitute printed 25107919D-H3 |
| 2025-02-21 | Senate | Conference report agreed to by Senate (40-Y 0-N) |
| 2025-02-21 | Amended by conference committee | |
| 2025-02-20 | Senate | Senators: Perry, Surovell, Stuart |
| 2025-02-20 | Senate | Conferees appointed by Senate |
| 2025-02-20 | House | Delegates: Watts, Simon, Leftwich |
| 2025-02-20 | House | Conferees appointed by House |
| 2025-02-20 | House | House acceded to request |
| 2025-02-20 | Senate | Senate requested conference committee |
| 2025-02-20 | Senate | Senate insisted on substitute (38-Y 0-N) |
| 2025-02-20 | House | Senate substitute rejected by House (0-Y 96-N) |
| 2025-02-20 | Senate | Passed Senate with substitute (39-Y 0-N) |
| 2025-02-20 | Senate | Engrossed by Senate - floor substitute |
| 2025-02-20 | Senate | Senator Perry, Russet Substitute agreed to |
| 2025-02-20 | Senate | Reading of substitute waived |
| 2025-02-20 | Senate | Courts of Justice Amendment rejected |
| 2025-02-20 | Senate | Floor substitute printed 25107844D-S1 (Perry) |
| 2025-02-20 | Senate | Read third time |
| 2025-02-19 | Senate | Passed by for the day |
| 2025-02-18 | Senate | Passed by for the day |
| 2025-02-18 | Senate | Constitutional reading dispensed (on 2nd reading) (39-Y 0-N) |
| 2025-02-18 | Senate | Rules suspended |
| 2025-02-17 | Senate | Reported from Courts of Justice with amendments (14-Y 1-N) |
| 2025-01-24 | Senate | Referred to Committee for Courts of Justice |
| 2025-01-24 | Senate | Constitutional reading dispensed (on 1st reading) |
| 2025-01-23 | House | Read third time and passed House (97-Y 0-N) |
| 2025-01-22 | House | Engrossed by House - committee substitute |
| 2025-01-22 | House | Courts of Justice Substitute agreed to |
| 2025-01-22 | House | Read second time |
| 2025-01-22 | House | Fiscal Impact Statement from Department of Planning and Budget (HB1721) |
| 2025-01-21 | House | Read first time |
| 2025-01-17 | House | Committee substitute printed 25105310D-H2 |
| 2025-01-17 | House | Reported from Courts of Justice with substitute (22-Y 0-N) |
| 2025-01-15 | House | Subcommittee recommends reporting with substitute (8-Y 0-N) |
| 2025-01-10 | House | Assigned Courts sub: Civil |
| 2025-01-04 | House | Referred to Committee for Courts of Justice |
| 2025-01-04 | House | Prefiled and ordered printed; Offered 01-08-2025 25100287D |
