Legal Trend. What happens when a state defines private property right as a "fundamental right?"

The state: Virgina

The legislative action at issue:  In 2003 the VA Constitution added:

 “That the General Assembly shall pass no law whereby private property, the right to which is fundamental, shall be damaged or taken except for public use.”

The VA Supreme Court: What happens if the Court rules that the right to private property is fundamental:

  • shift zoning cases to judges, from local governments
  • zoning cases will have heavier scrutiny
  • court dockets would be clogged

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