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VirginiaEminentDomainProperty Rights Resource
Introduction

How acquisition normally begins

Acquisition rarely starts with a lawsuit. It starts with a project, a design, and a decision that a particular strip or parcel is needed. Only after that does anyone contact you.

In Virginia a condemnor must make a genuine effort to purchase before it may file a condemnation petition. That requirement exists to give the negotiation stage real weight.

Quick answerBeing contacted is not the same as being condemned. The effort to purchase stage comes first, and it is where most Virginia matters are resolved.
How it works

The acquisition sequence

Project design

The alignment is set and the land needed is identified.

Title and survey work

Ownership and boundaries are confirmed.

Appraisal

Value is established for the condemnor.

Effort to purchase

A written offer and a genuine attempt to reach agreement.

Condemnation if needed

A petition is filed only if agreement is not reached.

Property owner considerations

What to think about now

•Ask precisely what interest is being acquired and for how long. A temporary easement and a permanent easement are very different things.
•Ask to see the plan sheet showing your parcel. A description in words rarely conveys what a taking does to a property.
•Consider how the taking changes access, frontage, parking, drainage and the way you use what remains.
•If the property produces income, keep records. Lost profits may be compensable in Virginia where the facts support a claim.
Common questions

Frequently asked questions

Can I refuse to sell?
You can decline an offer. If no agreement is reached the condemnor may file a condemnation petition and a court process determines compensation.
Do I have to negotiate?
Virginia requires the condemnor to make a genuine effort to purchase. Engaging with that stage is usually where owners have the most influence.
What if they only need a small strip?
Small strips can have large effects. Virginia values the strip and the damage to what you keep.

Understand what is being acquired before you agree to it

Tell us what you have been asked for and we will point you to the Virginia resources that explain it.

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