Richmond–An eminent domain bill sponsored by Democrat Ward Armstrong is one of several reforms delegates propose this year.

Scheduled for committee later this week, H.B. 652 would require governments claiming eminent domain to pay for any loss of access to the landowner’s property. Currently, owners are only compensated for the loss of access (like a driveway) if the court decides the remaining access is “unreasonable,” said attorney Josh Baker.

“The simple way to think about it is it removes an obstacle for the owner to be made whole,” Baker said. “If you’re a property owner who owns property on a road, this would strengthen your rights because any change of access to that property is now compensable.”

Eminent domain is the taking of private property by government.

Armstrong removed the bill from a scheduled hearing last night before the Civil Subcommittee of the Courts of Justice Committee, but it will be on the next meeting’s agenda, according to Staff Attorney David Cotter. Calls to Armstrong, the House minority leader, were not returned.

Baker, a Norfolk resident, is also working with Delegates Rob Bell, R-Charlottesville, and Johnny Joannou, D-Portsmouth, on two other eminent domain bills that would turn a 2007 reform into a state Constitutional amendment.

Virginia lawmakers in 2007 jumped on a wave of eminent domain reforms across the country after the U.S. Supreme Court Kelo v. New London, Conn., ruling, which said governments can seize property for private developers who claim public “purpose” instead of just public “use” unless state law specifically forbids it.

Legislators passed a law prohibiting governments from seizing private property for private financial gain, an increase in tax revenues or an increase in jobs. The reform also protected properties in good condition but located next to blighted properties from being condemned as well.

For the law to become part of Virginia’s Constitution, voters would have to approve after the General Assembly passed the amendment.

“We’re holding out hope that there will be a Constitutional amendment,” Baker said. “The General Assembly could start the process.”

As Baker works for reforms in the general assembly, a pair of his clients says they’re going all the way to the state Supreme Court.

Jay and Stephanie Burkholder became embroiled in a prominent eminent domain case 10 years ago when the City of Roanoke declared their property was blighted in order to purchase it for Carilion Biomedical Institute. When the Burkholders refused to sell, the city’s housing authority filed to condemn.

After a judge ruled last November in favor of the city, spokesmen for Carilion said the company had no interest in the property to begin with.

Next the Burkholders have a trial in March, where a jury will decide how much money the city owes them for the property, which is a three-acre tract with a family-owned flooring company. Then they have the option of accepting the offer, or taking their case to the state level. Stephanie Burkholder says that’s the most likely option.

“I want to take it all the way and I want this to go through the proper channels,” she said. “Unless they absolutely overwhelm me with a cash offer, I’m pretty certain I’m going to the (Virginia) Supreme Court. I didn’t go this far just to bail out now.”