Defender of the Constitution, the Healthcare Debate & Property Rights

February 12, 2012 Dear Friends and Fellow Virginians,   I wanted to send out a quick update on several great events that took place this past week - and keep you in the loop with the status of the Property Rights Amendment.   Healthcare Debate On Thursday morning, Ken had the opportunity to debate Massachusetts Attorney General Martha Coakley on the constitutionality of the Affordable Care Act (President Obama's National Healthcare Plan).  It was broadcast live on C-SPAN from the National Press Club in DC.  I encourage you to take the time to watch this -- Ken lays out a clear and concise argument on the faults of this legislation and what it means for liberty in America.  To watch the full debate, click here! Defender of Freedom Award Also, on Thursday, the American Conservative Union & the National Rifle Association recognized Ken for his outstanding work in defending Virginians from federal overreach and setting the national standard for conservative Attorneys General. They presented him with the 2012 Defender of Freedom Award at their annual Conservative Political Action Conference (CPAC).  To see Ken's acceptance speech click here! Property Rights Update Last week, the property rights amendment and its companion legislation made it out of committees in both the House and Senate - that means it is headed to the floor now for its final vote. That means we need calls and emails sent in to every Delegate and Senator around the Commonwealth, encouraging them to vote in support of this landmark legislation to defend Virginians' right to property.   Here are the bill numbers with explanations - as explained on the AG's website. These are coming up for a vote on the floor of the House and Senate as early as tomorrow. Find your legislator's contact info by clicking here and contact them ASAP!  We're going to need their support if these bills are going to be successful! SJ3, HJ3 - Constitutional amendment to defend property rights (second passage)  Then-Senator Cuccinelli successfully sponsored a bill in 2007 that protected homeowners, farmers, and business owners from having their property taken by government and handed over to private entities for the main purpose of increasing tax revenues or creating jobs.  Because it is merely a law, protections can be chipped away by future laws.  With property rights protections in the Virginia Constitution, the only way they can be changed is by a vote of the people. The amendment has four reforms: private property can only be taken for true public uses, not for enhancing tax revenues, economic development, or private gain;  the cost of taking property must be borne by the public, not by the individual property owner.  Fair and full compensation must be given when property is taken or damaged - this includes loss of business profits and loss of access (which will be defined by the General Assembly through SB437, HB1035); no more property can be taken than is necessary for the project; and the burden of proof that the taking is for a true "public use" is on the entity taking the property. The amendment passed the General Assembly in 2011.  The exact same language must pass a second time in 2012 with no modifications.  It then goes on the November 2012 ballot for the citizens to vote on. Patrons:  Obenshain and Stuart, Bell SB437, HB1035 - Eminent Domain:  Lost Access and Lost Profits  Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation that must be paid for property taken by eminent domain. Patrons:  Obenshain, Joannou Make sure to contact your legislators ASAP by clicking here and ask them to support putting Property Rights in VA's Constitution. Thanks! Sincerely, Noah Wall Political Director Ken Cuccinelli for Attorney General

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