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New Guides for Virginia Property Owners

Articles on Virginia law, projects, compensation and the agencies acquiring land right now.

Common questions

Questions Virginia Property Owners Ask

Who can exercise eminent domain in Virginia?
Virginia gives the power to state agencies such as the Virginia Department of Transportation, to cities and counties, and to certain public service companies and utilities. Each must act within the authority the General Assembly has given it, and each must be able to show that the taking serves a public use.
What happens when only part of a property is taken?
This is a partial taking, and it is the most common situation in Virginia. Compensation looks at the value of the part acquired and also at damages to the residue, meaning the effect on what you keep. A narrow strip along a frontage can change access, parking, setbacks and how the remaining land can be used.
How is compensation determined in Virginia?
Virginia measures just compensation by the value of the property taken, damages to the remaining property, and, since the 2012 constitutional amendment, lost profits and lost access where the facts support them. Value is normally established through appraisal evidence, and owners may present their own.
What happens after receiving a notice?
A notice usually means a project has reached your parcel and an offer will follow. Nothing is decided at that moment. It is the point to read what you were given, understand what is being acquired, and learn what Virginia law entitles you to before responding.
Can property access be affected?
Yes, and in Virginia this matters more than in most states. Where a project materially impairs access to your property, that loss may be compensable in its own right rather than treated as an unavoidable consequence of a public project.
What is an easement?
An easement gives someone the right to use part of your land for a defined purpose while you keep ownership. A permanent utility easement may run with the land indefinitely, while a temporary construction easement lasts only through the work. Both take something of value from a property owner.
What happens if a property owner disagrees with an offer?
Disagreeing is ordinary and expected. Virginia requires a genuine effort to purchase before condemnation may proceed, and if agreement is not reached the matter moves into a court process where compensation is decided by commissioners or a jury rather than by the condemnor.

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