HB 1721: Condemnation of conservation or open-space easement; compensation, Uniform Easement Relocation Act.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 2, 2025Vetoed by Governor
2. April 2, 2025Governor's Action Deadline 11:59 p.m., May 2, 2025
3. April 2, 2025Communicated to Governor
4. April 2, 2025Senate rejected Governor's recommendation (19-Y 21-N)
5. April 2, 2025House concurred in Governor's recommendation (96-Y 0-N)
6. March 24, 2025Governor's recommendation received by House
7. March 12, 2025Fiscal Impact Statement from Department of Planning and Budget (HB1721)
8. March 11, 2025Governor's Action Deadline 11:59 p.m., March 24, 2025
9. March 11, 2025Enrolled Bill communicated to Governor on March 11, 2025
10. March 10, 2025Signed by President
11. March 7, 2025Signed by Speaker
12. March 7, 2025Bill text as passed House and Senate (HB1721ER)

Showing 12 most recent of 40 actions. Full history