Whose Ox Was Gored



Whose Ox Was Gored?

The purpose of this page is, in all good humor and fun, to pick from among the thousands of bills introduced in the General Assembly, those whose purpose is not necessarily to improve the commonweal, but to directly or indirectly benefit a constituent who has run afoul of existing law.

Caveat:  Bills introduced to reimburse purchasers of escheat property who discovered there was no land there are not eligible - that is an old problem.  Bills to enable localities to act and overcome the Dillon Rule are not eligible, although any power sought by a locality intended to oppress the individual may be a candidate.  Bills that directly impact title examination get double credit.


Candidates for the 2005 Legislative Session:


HB 2682 Property Owners' Association Act; erection of amateur radio antennas.
L. Scott Lingamfelter 

Summary as introduced:
Property Owners' Association Act; erection of radio antennas.  Provides that no declaration or association's rules and regulations or architectural guidelines shall restrict or prohibit the erection by a lot owner on his lot of a radio antenna where the lot owner is a volunteer amateur radio operator participating in the Citizens Corps coordinated by the federal Department of Homeland Security.


HB 2604 Limitations on possibilities of reverter and rights of re-entry.
R. Steven Landes (Senate: Emmett W. Hanger, Jr.)

Summary as introduced:
Limitations on possibilities of reverter and rights of re-entry.  Provides that a possibility of reverter or a right of re-entry is extinguished if the specified contingency does not occur within 30 years after such possibility or right was created. Any person owning such possibility or right may record an initial or renewal notice of intention to preserve such interest for a subsequent 30-year period.



HB 1648 Division fences; modifies fence laws.
Robert D. Orrock, Sr., L. Scott Lingamfelter, Harvey B. Morgan, Albert C. Pollard, Jr.

Summary as introduced:
Fence laws; division fences. Modifies Virginia's fence laws governing the construction of division fences by requiring contributions to the cost of building a division fence only where the adjoining landowner agrees to pay those costs or benefits from the fence.


Dueling Bills:

HB 2821 Title insurance; allows companies to charge negotiated risk rates.
Terrie L. Suit

Summary as passed House:
Title insurance risk rates.  Authorizes title insurance companies to charge risk rates that it negotiates with a potential insured. Such rates shall be presumed not to be unfairly discriminatory if they are sufficient to furnish a reasonable margin for profit after provision for probable losses, exposure to loss under policies, allocations to reserves, costs of participating insurance, operating costs and other items of expense fairly attributable to the operation of the business, and are not unfairly discriminatory between risks involving essentially the same hazards and expense elements.


SB 982 Title insurance; policies or contracts to be based upon published risk rates, penalty.
John C. Watkins

Summary as introduced:
Title insurance rates; penalties.  Prohibits title insurance companies, agencies, and agents from making or issuing a title insurance policy or contract except in accordance with the rate of premium, policy fee, or other charge that is published by the title insurance company. Title insurance companies are required to publish their risk rates, and to separately state, but not to publish, charges for separate or related services or for examining titles. A title insurance company, agency, or agent that fails to publish its risk rates, or issues a policy not in accordance with its published risk rates, may be assessed a penalty in an amount equal to the premium that should have been charged for the transaction based on the risk rates in use at the time of the transaction.



Carryover from 2004:

SB 182 Freedom of Information Act; exempts certain maps in geographic information systems.
Harry B. Blevins 

Summary as introduced:
Freedom of Information Act (FOIA); exclusions from chapter; GIS systems. Excludes from the mandatory disclosure requirements of FOIA maps contained in a geographic information system that are developed from a combination of high resolution technologies, including digital orthophotography, digital terrain models or related ancillary proprietary data produced by any local governing body or by the Virginia Geographic Information Network (VGIN) division of the Virginia Information Technologies Agency in accordance with 2.2-2027. However, nothing in this subdivision shall be construed to prohibit the disclosure of base line mapping or topography, including flat-line computer drawings contained in a geographic information system from which the maps excluded by this subdivision may be developed. As to VGIN, the bill codifies existing law. The bill also contains a technical amendment.




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Last modified: February 12, 2005