Virginia House Bill 1721
Session 2025
Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.
Active
Vetoed by Governor on May 2, 2025
Origin Chamber
House
Type
Bill
Bill Number
1721
State
Virginia
Session
2025
Motion Text
House concurred in Governor's recommendation (96-Y 0-N)
House Roll Call Votes
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Summary
An Act to amend the Code of Virginia by adding in Chapter 1 of Title 25.1 a section numbered 25.1-110 and by adding in Chapter 3 of Title 55.1 an article numbered 1.1, consisting of sections numbered 55.1-315.1 through 55.1-315.12, relating to condemnation of conservation or open-space easement; compensation; Uniform Easement Relocation Act.
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.
Governor's Veto Explanation
Governor's Recommendation
Enrolled
Conference Substitute
Conference Report
Senator Perry, Russet Substitute
Courts of Justice Amendment
Courts of Justice Substitute
Courts of Justice Subcommittee Substitute
Fiscal Impact Statement from Department of Planning and Budget (HB1721)
Sort by most recent
05/02/2025
Office of the Governor
Vetoed by Governor
04/02/2025
Office of the Governor
Governor's Action Deadline 11:59 p.m., May 2, 2025
04/02/2025
House
Communicated to Governor
04/02/2025
Senate
Senate rejected Governor's recommendation (19-Y 21-N)
04/02/2025
House
House concurred in Governor's recommendation (96-Y 0-N)
03/24/2025
Office of the Governor
Governor's recommendation received by House
03/12/2025
House
Fiscal Impact Statement from Department of Planning and Budget (HB1721)
03/11/2025
Office of the Governor
Governor's Action Deadline 11:59 p.m., March 24, 2025
03/11/2025
House
Enrolled Bill communicated to Governor on March 11, 2025
03/10/2025
Senate
Signed by President
03/07/2025
House
Signed by Speaker
03/07/2025
House
Bill text as passed House and Senate (HB1721ER)
03/07/2025
House
Enrolled
02/27/2025
House
Fiscal Impact Statement from Department of Planning and Budget (HB1721)
02/22/2025
House
Conference report agreed to by House (98-Y 0-N)
02/22/2025
House
Conference substitute reprinted 25107919D-H3
02/22/2025
House
Conference substitute printed 25107919D-H3
02/21/2025
Senate
Conference report agreed to by Senate (40-Y 0-N)
02/21/2025
Virginia General Assembly
Amended by conference committee
02/20/2025
Senate
Senators: Perry, Surovell, Stuart
02/20/2025
Senate
Conferees appointed by Senate
02/20/2025
House
Delegates: Watts, Simon, Leftwich
02/20/2025
House
Conferees appointed by House
02/20/2025
House
House acceded to request
02/20/2025
Senate
Senate requested conference committee
02/20/2025
Senate
Senate insisted on substitute (38-Y 0-N)
02/20/2025
House
Senate substitute rejected by House (0-Y 96-N)
02/20/2025
Senate
Passed Senate with substitute (39-Y 0-N)
02/20/2025
Senate
Engrossed by Senate - floor substitute
02/20/2025
Senate
Senator Perry, Russet Substitute agreed to
02/20/2025
Senate
Reading of substitute waived
02/20/2025
Senate
Courts of Justice Amendment rejected
02/20/2025
Senate
Floor substitute printed 25107844D-S1 (Perry)
02/20/2025
Senate
Read third time
02/19/2025
Senate
Passed by for the day
02/18/2025
Senate
Passed by for the day
02/18/2025
Senate
Constitutional reading dispensed (on 2nd reading) (39-Y 0-N)
02/18/2025
Senate
Rules suspended
02/17/2025
Senate
Reported from Courts of Justice with amendments (14-Y 1-N)
01/24/2025
Senate
Referred to Committee for Courts of Justice
01/24/2025
Senate
Constitutional reading dispensed (on 1st reading)
01/23/2025
House
Read third time and passed House (97-Y 0-N)
01/22/2025
House
Engrossed by House - committee substitute
01/22/2025
House
Courts of Justice Substitute agreed to
01/22/2025
House
Read second time
01/22/2025
House
Fiscal Impact Statement from Department of Planning and Budget (HB1721)
01/21/2025
House
Read first time
01/17/2025
House
Committee substitute printed 25105310D-H2
01/17/2025
House
Reported from Courts of Justice with substitute (22-Y 0-N)
01/15/2025
House
Subcommittee recommends reporting with substitute (8-Y 0-N)
01/10/2025
House
Assigned Courts sub: Civil
01/04/2025
House
Referred to Committee for Courts of Justice
01/04/2025
House
Prefiled and ordered printed; Offered 01-08-2025 25100287D
Sources
VA Legislature
Open States
Record Created
Jan 7, 2025 2:21:11 AM
Record Updated
Oct 13, 2025 2:30:57 PM