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Subcommittee backs bill seeking compensation when conservation easements are partially taken

2258076 · February 10, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Senate Bill 1435 would require compensation back to the Commonwealth or locality when a taking (eminent domain) interferes with conservation or open-space easements; supporters say it protects long-term preservation value while utilities and developers expressed concern about ambiguity and proportional valuation.

The Senate Courts of Justice Civil Law Subcommittee debated Senate Bill 1435, a measure aimed at preventing what the sponsor described as the "targeting" of conservation easements through proportional takings for utilities and other projects.

Senator Perry, the bill’s patron, said the bill would require that if land preserved by a conservation easement is taken (in whole or in part), compensation should reflect the lost value created by preserving the land. "If you're gonna come take them, just understand that the benefits that came from them, the reduction in tax value, you're going to have to pay that back," Perry said. He said stakeholders including the Piedmont Environmental Council (PEC)…

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