Property rights showdown in the Virginia Senate

One of the more hotly contested measures in the General Assembly you’re not hearing about in the old-line press is the battle over a constitutional amendment defending Virginians’ property rights. But inside the General Assembly, it’s shaping-up as Hollywood-style thriller.

A week ago, it appeared the Democrat-controlled Senate had killed the amendment.  But Senate Republicans, led on this issue by Mark Obenshain, invoked the rarely-used discharge process to bring the only mostly dead amendment to the floor for consideration.  The bill was sent to the Privileges and Elections committee, where the anti-amendment forces mounted a furious effort to drive another stake through the measure’s heart.

But it wasn’t to be. The measure survived a subcommittee vote owing in part to Democratic Sen. Creigh Deeds, who in the past has said he’s all for property rights protections, but he wanted them to be as strong as possible.

That’s exactly what he got. Amendments were offered that made the new senate bill stronger than the one that had passed the House of Delegates. Deeds voted for it, but may have thought the full committee would say “no.” He was wrong, and by an 8-7 vote, the full committee reported the measure back to the full Senate.

And here’s where the story gets interesting. The Democratic caucus isn’t keen on property rights protections, and really doesn’t like the idea of placing them in the state’s constitution (remember majority leader Dick Saslaw’s star turn on the matter a few years back? ).

When the measure comes back to the floor, perhaps even today, Democrats intend to try to refer it to the Senate Finance committee, where anti-property rights Democrats hold a commanding majority…and Mr. Saslaw is a member. Scuttle the bill here and it’s done for good.

Republicans are adamant, and united, in their opposition to this last-ditch attempt to kill the bill. But because they are in the minority, it will take every one of them to vote against the move, plus holding the votes of Sen. Deeds, Sen. Phil Puckett (who supported the bill in the Privileges and Elections committee) and possibly Democratic Sen. Roscoe Reynolds, who is a top Republican target in this November’s elections and may need the cover of a pro-property rights vote.

That gets Republicans to 21 – a majority. But as my friend Steve Rossie has written, no one has any idea how all this will play out.

Intrigue, suspense, thrills…it’s a great story the old-line press has completely missed.

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